If you’ve suffered a workplace injury, you may need to consult with a Glen Cove work injury lawyer to discuss your legal options.
The path to recovery can seem daunting; not only are you faced with the challenge of healing, but you must deal with the financial strain of medical costs and lost wages as well. If there are issues with your workers’ compensation application, your bills can start to pile up quickly.
That’s where we can step in to help. We focus on work injury cases, giving workers like you the chance to pursue the compensation you need to get on with your life. Our dedicated Glen Cove work injury lawyers understand the complexities of New York’s workers’ compensation system, and we’re ready to fight for your rights.
Understanding Work Injury Law in Glen Cove
As personal injury lawyers, we work on a variety of case types — from car accidents, to slip and fall cases, to premises liability issues, and everything in between.
When it comes to work injury cases, though (that is, those involving illnesses or injuries sustained because of work), there are some important differences to be aware of.
What Constitutes a Work Injury?
A work injury encompasses any harm, illness, or physical condition arising directly from your activities at work, or the environment you work in. This definition not only includes acute injuries from accidents, such as falls or machinery-related injuries, but also illnesses contracted due to exposure to hazardous substances or conditions at work. It also encompasses injuries that develop over time (repetitive strain injuries).
Essentially, any ailment or injury that comes about because of work tasks or workplace conditions may qualify as a work injury and may, therefore, make you eligible for workers’ compensation.
Workers’ compensation is a government-mandated insurance program. It provides wage replacement, medical benefits, and other forms of cost coverage to employees who get sick or injured on the job.
It operates on a no-fault basis; the main eligibility requirement is that your injury or illness happened because of work, and not some other reason.
What Happens If a Third Party Causes You an Injury?
If you file a workers’ compensation claim in New York, you’ll generally forfeit your right to sue your employer in relation to your workplace injury. However, if your accident came about because of the negligence of some third party, you may have the right to damages from them, even if you get workers’ compensation as well.
For instance, if you’re driving a truck for work and another road user causes an accident in which you suffer injuries, you might be entitled to damages arising from a road accident lawsuit, in addition to workers’ comp benefits.
This is potentially helpful in many cases because workers’ comp doesn’t provide for non-economic damages, such as for pain and suffering.
Workplace Injuries By Industry
Workplace injuries occur in a wide variety of settings, but some industries are naturally more dangerous than others. We’ve looked at some of the industries our workers’ compensation cases arise from most frequently.
Construction
This industry is notorious for its high injury rates, including falls from heights, accidents related to scaffolding, electrical injuries, and injuries from being struck by objects. According to the National Safety Council (NSC), construction is the industry with the highest rate of death from workplace injury.
Healthcare
Working in healthcare can be very physically demanding, and injuries are quite common in the industry. According to statistics from Gitnux, around 45% of all the workplace injuries in the U.S. happen to workers in the healthcare industry.
Specifically, risks include:
- Injuries from lifting and moving patients
- Exposure to infectious diseases
- Needlestick injuries
- Violent acts by patients.
Agriculture
Modern farming methods have made the agricultural industry safer in many ways. For example, rollover protective structures (which mitigate the risks posed by tractors turning over and causing injury to farmers or other laborers) have saved a huge number of lives since they were first introduced.
However, the industry still carries a lot of risk for workers. Farming often involves working with heavy machinery, exposure to chemicals, and handling animals, so the injury rate in agriculture is persistently high.
Food Service
Though it might not seem like a high-risk industry, working in the restaurant business exposes you to a lot of injury and illness risk. Workers in restaurants and bars can suffer cuts, burns, slips and falls, and injuries from lifting.
Do Repetitive Strain Injuries Qualify for Workers’ Compensation?
Not every work injury happens because of a single incident. Some happen because of continual “wear and tear.”
For instance, if you use a keyboard and mouse several hours a day over the course of many years, you’ll be at an increased risk of developing issues like tendinitis, carpal tunnel syndrome, and tennis elbow.
These types of conditions qualify for workers’ compensation in much the same way as any other work-related illness or injury. In many cases, though, it can be more difficult to prove the link between your working activities and your condition if your condition develops over an extended period. Your workers’ compensation insurance company may deny your claim on the basis that your condition may not actually be work-related.
In situations like these, our Glen Cove work injury attorneys turn to our network of medical experts. A third-party consultant can examine you and your medical records and offer their professional opinion on the reasons for your condition. This report can then be entered as evidence on your behalf.
If you’d like to learn more about how we handle these kinds of situations, schedule a free initial consultation.
Frequently Asked Questions (FAQs)
Do I need a lawyer for a work injury claim?
While it’s not mandatory, having a lawyer can significantly increase your chances of securing the full benefits and compensation you’re entitled to. Legal representation is especially important if your claim is denied or if you’re facing a dispute with your employer’s insurance company.
How much does it cost to hire a work injury lawyer?
Our firm operates on a contingency fee basis, meaning you won’t pay any upfront fees. We receive a fee only if we win your case, and we calculate it as a percentage of your settlement or award.
How long do I have to file a work injury claim in New York?
The deadline for filing a workers’ compensation claim in New York is generally two years from the date of your accident or the onset of your condition. However, it’s crucial to report the injury to your employer as soon as possible, ideally within 30 days.
Can I sue my employer after a work injury in New York?
Generally, workers’ compensation is an exclusive remedy, meaning you cannot sue your employer for injuries once you start receiving workers’ compensation benefits. However, there are exceptions, particularly if a third party’s negligence contributed to your injury.
Start Your Journey Toward Justice Today With Our Glen Cove Work Injury Lawyer
Dealing with an uncooperative workers’ compensation insurer can leave even the most patient person feeling frustrated. However, help is available. If you’re worried about securing your benefits, it could be time to start working with a Glen Cove work injury lawyer.
Contact us today for a free consultation. You can reach us via our online contact form or over the phone at (516) 399-2364.
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 ]