If you’ve suffered an illness or injury because of your workplace activities, it might be a good idea for you to consult with a Farmingdale work injury lawyer.
Our dedicated team of Farmingdale work injury lawyers is committed to fighting for the justice and compensation you deserve. Whether your injury came as a result of an accident, negligence, or a hazardous work environment, we are here to guide you through every step of the legal process with compassion, expertise, and unwavering support.
Navigating Workers’ Compensation Claims
Theoretically, every employee who becomes sick or injured because of their activities at work should be entitled to workers’ compensation. However, because of the way the system works, far too many workers are left without the financial assistance they deserve and desperately need.
Workers’ comp insurance companies often dispute claims on the basis that the underlying accidents, injuries, or illnesses are not work-related. Depending on the nature of the condition, this argument can be difficult to disprove.
For example, if you suffer from chronic pain related to manual labor you do at work, but you also have hobbies that involve a lot of physical exertion, your workers’ comp insurer may try to use this against you.
It’s important to note that you don’t need to prove your employer was at fault for your accident in order for your workers’ compensation claim to succeed. You simply need to demonstrate that your condition came about because of your work, rather than some other reason.
Our Process
We’ve helped hundreds of New York workers secure financial benefits after accidents or other issues in the workplace. While working on all these cases, we’ve developed an effective and streamlined process for managing these claims.
When you come through our doors, you can be sure you’ll be met with the utmost professionalism.
Initial Consultation and Case Evaluation
All our client relationships begin with a free initial consultation. During this first meeting, we’ll examine your situation and help you decide whether a lawsuit is the right course of action. We’ll consider factors like:
- The nature and extent of your injury or illness
- The circumstances in which it came about
- Your medical records, including those unrelated to your workers’ compensation issue
- Any interactions you’ve had with your employer or your insurance company regarding the problem.
Investigation and Evidence Gathering
Once we decide to proceed with your case, we’ll get to work on building our argument right away. We’ll focus on gathering and presenting evidence that illustrates the extent of your condition, its relationship to your work, and the limitations it has placed on your ability to do your job going forward.
Negotiation with Employers and Insurance Companies
Our workers’ compensation lawyers are all highly experienced negotiators. We’ll do what we can to secure the settlement you deserve without putting you through the stress of a courtroom trial.
Litigation and Trial Process
Most of the cases we work on reach conclusion during the negotiation phase. However, when defendants refuse to make the concessions our clients need, we don’t hesitate to go to trial. Many law firms are too quick to agree to bad settlements; this approach ensures they can maintain a large caseload and make more money. At Tucker Lawyers, our focus is always on doing our best for individual clients, so we’re always willing to fight to the end if necessary.
Can You Sue Your Employer After a Workplace Accident?
New York’s workers’ compensation system is designed on a no-fault basis. Employers need not be negligent in any way in order for a workers’ compensation claim to proceed; the only requirement here is that the injury or illness is related to work activities. This system makes it easier for injured workers to access benefits. The system also serves to protect employers from most lawsuits by injured employees.
However, there are specific circumstances under which you might be able to sue your employer outside the workers’ compensation system.
First, if your employer intentionally caused your injury, you might have grounds for a lawsuit. Cases of assault by an employer are relatively rare, but they can happen, and victims have every right to pursue justice through the court system when they do. It’s also worth noting that, if an employer has subjected you to an assault at work and you file a personal injury lawsuit, you may be entitled to punitive damages.
Second, if your employer does not carry workers’ compensation insurance as required by law, you may pursue a civil lawsuit to seek the benefits you should have been able to access through insurance.
Additionally, in situations where your injury was exacerbated by egregiously unsafe working conditions or by violations of state or federal safety regulations, legal action beyond workers’ compensation claims might be warranted.
It’s important to note that you will not be entitled to noneconomic damages (such as for pain and suffering) from a workers’ compensation claim.
Frequently Asked Questions (FAQs)
What types of work injuries do you handle?
Our Farmingdale work injury lawyers handle cases involving slips and falls, machinery accidents, repetitive strain injuries, exposure to harmful substances, and more. If you have any kind of illness or injury that arose because of your work, we may be able to help you. Additionally, if you’ve suffered an injury outside of work because of someone else’s negligence (in a road accident, say), we may be able to help you pursue compensation through a personal injury lawsuit.
Can I file a work injury claim if I’m at fault?
New York’s workers’ compensation laws allow employees to receive benefits regardless of who is at fault for the injury. Even if you made a mistake and got injured as a result, you should still be entitled to benefits. However, specific circumstances might affect your claim, so it’s important to consult with a lawyer to understand your rights.
How long do I have to file a work injury claim in New York?
The statute of limitations for filing a work injury claim in New York is typically two years from the date of the accident. However, there are exceptions to this general rule, so it’s a good idea to speak with a lawyer as soon as you can.
What compensation can I recover for my work injury?
Compensation in a lawsuit may include medical expenses, lost wages, rehabilitation costs, and pain and suffering. Each case is unique, and our lawyers can help determine the full extent of compensation you’re entitled to.
Can I file a workers’ compensation claim after leaving my job?
You can file a workers’ compensation claim after leaving your job as long as your injury or illness is work-related and you meet the state’s deadlines for reporting the injury and filing the claim.
Do I need a lawyer to file for workers’ compensation?
While you are not required to have a lawyer to file for workers’ compensation, having experienced legal representation can greatly benefit your case. A Farmingdale work injury attorney can help ensure that your claim is properly filed, represent you in case of disputes, and advise you on potentially pursuing additional compensation through third-party claims.
Work With a Farmingdale Work Injury Lawyer Who Will Fight for Your Rights
Dealing with a work injury can be challenging and stressful. However, with one of our Farmingdale work injury lawyers by your side, you won’t have to face it alone.
Contact us today for a free initial consultation. You can reach us over the phone at (516) 399-2364 or by filling out our contact form.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]