New York City Work Accident Lawyer

Can I Sue My Employer?

In the state of New York, you cannot sue your own employer. If you are an independent contractor, there may be a case. Otherwise, workers' compensation is intended to cover the needs of all injured employees.

Does My Employer Have to Carry Workers' Compensation Insurance?

The vast majority of businesses in New York must have workers' compensation insurance. This covers full time as well as part time employees.

Who Is Exempt From Workers Compensation in New York?

• Unpaid volunteers
• Those doing casual or non-regular lawn services without heavy equipment for a residence or nonprofit
• Police officers, sanitation workers, or firefighters who are covered by the New York State General Municipal Law
• Independent contractors
• And a few other exceptions, including involvement in religious or volunteer services

There are very few other exceptions. When registering a business in NY, owners are required to show proof of policy before they can receive their business permit. If a policy is not in place, employees may be able to sue.

How Do Pre-Existing Conditions Affect Work Accident Claims?

Pre-existing conditions can complicate work accident claims, but injured workers are still entitled to compensation if the accident aggravated their condition. From a legal standpoint, insurers often scrutinize claims involving pre-existing conditions, sometimes arguing that the current injury is unrelated to the workplace incident. It's crucial to demonstrate that the work accident worsened your condition or caused a new injury.

As experienced NYC work accident attorneys at Schotter Millican, LLP, we emphasize the importance of thorough medical documentation. This evidence is key to establishing the link between your work accident and the exacerbation of your condition. New York law supports workers' rights to claim benefits regardless of pre-existing conditions, provided there's a clear connection to the workplace accident.

Consulting with skilled work accident lawyers in NYC can significantly improve your claim's success. We help gather necessary medical and occupational evidence to ensure that your rights are protected and you receive the compensation you deserve. If you have any questions, our team is here to assist you.

Protect Your Rights After a Work Accident

Being involved in a work accident can be a traumatic experience, and it's important to understand your rights and options in order to protect yourself. At Schotter Millican, LLP, our experienced work accident lawyers are here to guide you through the legal process and ensure that you receive the compensation you deserve.

When you choose us to represent you, we will:

• Thoroughly investigate the circumstances surrounding your accident to determine liability
• Work with medical experts to assess the extent of your injuries and the impact they will have on your future
• Handle all communication and negotiations with insurance companies and employers on your behalf
• Advocate for your rights in court, if necessary, to secure a fair settlement or verdict

Remember, time is of the essence when it comes to filing a work accident claim. The sooner you take action, the stronger your case will be. Contact Schotter Millican, LLP today for a free consultation and let us fight for the compensation you deserve.

Preventing Workplace Accidents

While accidents can happen in any workplace, there are steps that can be taken to help prevent them and ensure a safe working environment for all employees.

Here are some tips to help reduce the risk of workplace accidents:

• Provide proper training for all employees on how to safely operate equipment and machinery.
• Maintain a clean and organized work environment to prevent slips, trips, and falls.
• Regularly inspect and maintain equipment to ensure it is in good working condition.
• Encourage open communication between employees and management to address any safety concerns.
• Implement safety protocols and procedures for handling hazardous materials or working in high-risk areas.

By prioritizing safety and taking proactive measures to prevent accidents, you can help create a safer and more productive workplace for everyone.

New York Workplace Accidents FAQs

What should I do if I am injured at work?

First, notify your employer about the injury and seek medical attention immediately. Make sure to document the injury and the incident to strengthen your case. Consult a lawyer as soon as possible to discuss your legal options.

Am I entitled to workers’ compensation benefits if I was at fault for my injury?

In New York, workers’ compensation is a no-fault system, meaning you can still receive benefits for your injuries, even if you were partially at fault. However, workers’ compensation may not cover all damages, such as pain and suffering, which may require a separate lawsuit.

How long do I have to file a work injury claim?

In New York, workers must file a workers' compensation claim within 30 days of the injury. For personal injury claims against third parties, the statute of limitations is typically 3 years from the date of the accident.

What types of compensation can I receive after a work accident?

If you are eligible for workers' compensation, you can receive benefits for medical expenses, lost wages, and permanent disability if applicable. Additionally, you may be able to pursue compensation through a personal injury lawsuit if a third party was responsible for the accident.

Can I sue my employer for a work injury?

In most cases, workers’ compensation is the exclusive remedy for injuries sustained while at work, meaning you cannot sue your employer for a work-related injury. However, if a third party (e.g., a contractor, equipment manufacturer, or property owner) was at fault, you may be able to pursue a personal injury lawsuit.

How do I know if I have a third-party claim?

A third-party claim arises when someone other than your employer is responsible for your work-related injury. This could be a manufacturer of defective equipment, a contractor, or another company. Our attorneys can evaluate your case and determine if a third-party claim is applicable.

How long will it take to resolve my case?

The timeline for resolving a work accident case varies depending on the complexity of the situation. Workers' compensation claims can take a few months to process, while third-party lawsuits may take longer. We will keep you informed every step of the way and work to secure a timely resolution.

What if my work accident caused a long-term or permanent injury?

If your injury results in long-term or permanent disability, you may be entitled to additional compensation, including ongoing medical treatment, long-term disability benefits, and compensation for reduced earning capacity.

Can I file a claim if my injury was caused by a pre-existing condition?

Yes, if a work-related accident aggravated a pre-existing injury or condition, you can still file for workers' compensation. It is important to document the connection between the work injury and your pre-existing condition with the help of medical professionals and a lawyer.