Bronx Work Accident Attorney
Even if you follow every safety precaution at your place of employment, it’s still possible to suffer an injury or illness because of your work. Injuries on the job can result in hospitalization and lingering effects, including ongoing medical problems and the inability to continue working.
If you’ve been injured at your workplace or if you suffer from an illness that is attributable to conditions of your work, it’s important to understand your rights. An experienced Bronx attorney specializing in work accidents and injuries can assist you in recovering the compensation to which you are entitled.
Leading Causes of Work Injuries
A variety of hazardous situations can cause injuries or illnesses that result in ongoing problems for employees. Conditions that cause work injuries and accidents include the following:
- Falling from a height, or being injured while attempting to avoid falling from a height.
- Falling objects, which can cause traumatic brain injuries, concussions and other serious injuries.
- Hazardous materials, including chemicals and toxic waste. Accidents with these materials can result in serious burns, blindness, infections, respiratory diseases and other medical issues.
- Falls due to debris and liquids on floors — including spills that are not cleaned up or flooring that has been freshly mopped — along with improperly secured extension cords, items left sitting in the way of foot traffic, poor lighting and other causes.
- Stress or exhaustion due to an unusually heavy workload. Pushing past reasonable limits to keep up with an unfair amount of work can impair judgment and slow reflexes, increasing the potential for accidents when operating machinery or vehicles.
- Repetitive motion, which can lead to injuries like carpal tunnel syndrome.
- Collisions with other employees or objects due to reckless movements, negligence in securing objects, or poor visibility.
- Lifting heavy items, which can cause pulled muscles, back injuries and other problems.
- Violent acts, which can be perpetrated by disgruntled former workers, estranged partners of co-workers and others.
What to Do if You’re Injured at Work
If you’re injured on the job, the New York State Workers’ Compensation Board advises that you should take the following steps:
- Seek medical treatment as soon as possible. For non-emergency medical treatment, you must gain authorization from the Workers’ Compensation Board. Your employer or your employer’s workers’ compensation insurer will pay the cost of your medical expenses unless your claim is disputed.
- Alert your work supervisor as soon as possible to your injury and how it happened. If you do not alert your supervisor in writing within 30 days of the accident, you may lose your rights to workers’ compensation benefits. If you are suffering from an illness that resulted from conditions at your workplace, you must alert your supervisor within two years after you became disabled or two years after you knew that your illness was related to your work.
- File the appropriate workers’ compensation paperwork — Form C-3 — and mail it to the closest Workers’ Compensation Board office.
- Follow all instructions from your medical provider regarding your injury or illness to aid in your recovery.
- Attend any hearings related to the case; you will receive notification if you are required to appear.
Seeking Additional Compensation for Injuries
You may have heard that if you’re injured on the job, the only financial assistance you will receive is through the workers’ compensation system. While workers’ compensation provides a critical safety net to cover medical expenses and lost wages for injured or ill employees, additional compensation may be available to you through what is known as the the “Scaffold Law,” or New York State Labor Law.
Depending on the specific circumstances of your injury or illness, you may be able to sue for damages with the assistance of an experienced work accident and injuries attorney. Examples of potential legal actions include:
- If you’re hurt while performing certain activities such as construction, renovation, alteration, demolition, excavation or repair of a structure, you may be able to sue the owner of the premises where you were injured as well as the general contractor who was retained by the owner.
- If your injury involved a “gravity-related” risk, such as a fall from a height, a falling object, or an injury sustained while preventing a fall, you can sue the owner or general contractor under “absolute liability,” meaning that the owner or general contractor will be liable under the New York Labor Law Statute section 240(1) regardless if they were at fault.
- You may be entitled to make a claim against against a manufacturer if you were injured due to a toxic substance at your place of employment.
- A personal injury lawsuit against your employer if you were hurt or sickened due to flagrant or intentional conduct.
- A civil action to collect compensation from a state fund if your employer is not covered by workers’ compensation insurance.
- A product liability suit against a manufacturer if you were hurt or made ill by a defective product.
- A personal injury lawsuit against a third party who caused your injury or illness.
Workers’ compensation typically provides benefits to injured workers, but payments do not compensate for pain and suffering you incur from a serious illness or injury at your workplace. The workers’ compensation system also does not cover punitive damages that punish an employer for failing to keep a workplace safe.
If you’ve been injured or suffered from an illness related to your job, Attorney Ivan M. Diamond is ready to assist you. As an experienced Bronx work accidents and injuries attorney, Mr. Diamond helps individuals who have been hurt on the job receive the compensation to which they’re entitled. For a no-obligation, free consultation, please contact The Law Offices of Ivan M. Diamond at 877-960-1702.
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The Law Offices of Ivan M. Diamond888 Grand Concourse #1L Bronx, NY 10451 Phone: (718) 588-2000 Ivan M. Diamond is available for home and hospital visits, as well as weekend and evening appointments.
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