On-site work accidents can happen nearly anywhere from a construction site to an office complex. New Yorkers who become injured while on the job have a right to seek benefits through their employer’s workers’ compensation plan. Unfortunately, workers’ compensation benefits may not cover all of your expenses. If a third party caused your injuries, you might have the option to pursue compensation through a personal injury lawsuit.
Get Help for a New York City On-Site Workplace Accident
In both of these scenarios, you will need to provide evidence that your injury occurred on the job. If you decide to pursue a personal injury lawsuit, you will need to prove that a person or company’s negligence contributed to the accident that caused your injuries. The experienced personal injury lawyers at Pulvers Thompson will ensure that you have the strongest legal claim to compensation possible.
We will guide you through the process of seeking compensation, which is often complicated and stressful. We have spent decades representing New York City clients just like you, and we will inform you of your legal options and rights. Contact us today to schedule your free initial consultation.
Obtaining Workers’ Compensation
Most New York City employers carry workers’ compensation insurance. When an employee becomes injured on the job, he or she can obtain weekly cash benefits from the employer’s workers’ compensation policy. Unfortunately, navigating the worker’s compensation process is challenging, especially if you are doing it alone.
If you became ill or suffered a serious injury due to a dangerous work environment, our legal team is here to help. We will help you document your injuries and receive the medical attention you need. We will help you report your work-related injury or illness to your employer and maintain your right to benefits. Work-related injuries that qualify an employee for workers’ compensation benefits include the following:
- An incident that occurred while traveling for work
- An incident that occurred due to the workers own misconduct
- A pre-existing medical condition that became aggravated while performing a job duty
- An incident that happened during a company-sponsored event
- An incident that occurred during regular work hours
- An incident that happened in the employee’s lunch break
According to New York law, you only have two years to file a workers compensation claim after the date of your work-related accident. You will not be able to pursue compensation for your injury in a workers’ compensation claim if you miss this critical deadline. Our law firm can help you receive medical aid and report your accident to your employer as soon as possible, so you can obtain all of the compensation you deserve.
Common On-Site Work Injuries
Some job sites are more dangerous than others. For example, construction sites are hazardous for employees. Construction workers frequently work with heavy machinery, at great heights, and with other dangerous equipment. However, workplace injuries can occur in nearly any workplace, even in the seemingly safe office complex. At Pulvers Thompson, We have represented clients who suffered a wide variety of injuries on the job, including:
- Repetitive stress injuries, such as back injuries and carpal tunnel
- Back and neck injuries
- Spinal cord injuries
- Broken bones
- Strains and sprains
- Traumatic brain injuries (TBI)
- Closed head injuries
- Penetrating or open head injuries
- Vision and hearing loss
- Speech problems caused by swelling
- Crush injuries
- Internal organ damage
Pursuing a Personal Injury Lawsuits After a Work Site Accident
Most injured employees seek compensation through their employer’s workers’ compensation insurance policy. If you choose to pursue compensation in this way, you will forfeit your right to file a personal injury lawsuit against the employer. There are some exceptions to the rule, however. You may be able to obtain workers’ compensation benefits and file a lawsuit against a third party whose negligence caused you or injuries. In the following scenarios, an injured worker may be able to pursue compensation through a third-party lawsuit:
- A defective product caused the workplace injury
- A toxic substance caused the workplace injury
- A third party who is not the employer caused the injury
- The employer does not carry workers’ compensation insurance
Injured employees could receive workers’ compensation benefits even if they were partially or totally at fault for their workplace injury. On the contrary, if you are pursuing a personal liability lawsuit against a third party, you will need to prove that the third party’s negligence caused your injuries. Specifically, you will need to prove the following elements:
- Third-party owed you a duty of care to act reasonably under the circumstances
- The third-party breached the duty of care by acting negligently or recklessly
- When the defendant breached the duty of care, they caused your injuries
- Your injuries have caused you financial and personal damages
New York imposes a statute of limitations on workplace injury lawsuits. You will only have three years from the date of your injury to file a personal injury lawsuit in New York state. If you are unsure whether you should pursue workers compensation benefits or a personal injury lawsuit, an experienced personal injury lawyer at Pulvers Thompson can advise you of your best legal options. It is worth taking the time to consult with a personal injury lawyer, so you do not unintentionally lose your right to obtain compensation to secure your and your family’s financial future.
Contact a New York City On-Site Work Accident Lawyer
Have you or your loved one been severely injured in an on-site work accident in New York City? If so, you may have a right to compensation through a personal injury lawsuit or workers’ compensation benefits. The personal injury lawyers at Pulvers Thompson have a proven track record of securing millions of dollars on behalf of injured clients. We understand how devastating it can be to recover from a workplace injury while coping with extensive medical bills. We will thoroughly investigate your claim and advocate strongly for the compensation you deserve. Contact us today to schedule your free initial consultation.