Workplace Accidents

New York City Work Accident Lawyer

Filing a NY Workers’ Compensation Claim After an On-the-Job Accident

Accidents on the job can happen to anyone, and they happen often across New York City workplaces. One moment you’re working, and the next, a hazard or misstep causes a workplace accident and potentially leads to a serious injury or even permanent disability.

Workplace accidents create challenges physically, emotionally, and financially. If you suffered a work injury in New York City, you may have the right to seek compensation for your medical bills, lost wages, and other expenses. At Schotter Millican, LLP, our team of work accident attorneys in New York City is dedicated to guiding injured workers through the claims process and pursuing the recovery you deserve. We regularly help clients with workers' compensation claims, third-party lawsuits, and other options designed to seek fair results.

Whether your injury happened at a construction site, factory, office, or any other job, we can advocate on your behalf. Our workplace accident lawyer in NYC provides legal support so you can focus on recovery during a difficult time.

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Common Types of Workplace Accidents

Job accidents can occur in any industry and in all types of work environments.

According to the Occupational Safety and Health Administration (OSHA), these are the top 10 most common workplace accidents:

Slips, trips, and falls
Being struck by falling or moving objects
Being struck against stationary objects
Overexertion/overuse
Repetitive motion or strain injuries
Electrocution
Machine or equipment entanglement
Car and other motor vehicle accidents
Falls from heights/to lower levels
Assault and other forms of workplace violence

What Causes Accidents in the Workplace?

Every fiscal year, OSHA highlights the 10 most commonly cited safety standard violations.

In 2020, the list included:

Lack of proper fall protection (construction industry)
Failure to communicate hazards (general industry)
Unsafe ladders (construction industry)
Unsafe scaffolding (construction industry)
Improper respiratory protection (general industry)
Improper control of hazardous energy (general industry)
Insufficient face and eye protection
Inadequate fall protection training
Accidents involving powered industrial trucks (general industry)
Unsafe machinery or lack of machine guarding

No matter what type of accident you experienced or who caused the incident, you may qualify for workers’ compensation. Contact our workplace accident attorney in New York City to learn more. We offer free consultations and can help in English, Spanish, or Polish (hablamos español; mowimy po polsku).

Types of Work Injuries

Accidents at work often result in serious or even fatal injuries.

According to OSHA, the most common workplace injuries include:

Spinal cord injuries
Broken bones
Paralysis
Brain injuries
Head injuries
Coma
Death

These injuries often require extensive and costly medical treatment. Without insurance, the costs for prescriptions, therapy, or surgery can add up quickly. Some injuries prevent employees from working, resulting in lost wages on top of medical expenses. Our workplace lawyer in NYC can assist you in filing your workers' comp claim to assist you with these costs.

Have you been injured in the workplace in New York City? Do you need help seeking workers’ compensation? Contact Schotter Millican at (718) 550-0610 to review your case.

What Should I Do if I'm Injured at Work?

After being injured while on the job, there are certain key steps to take to protect your workers' compensation claim and health.

Steps to follow after being injured at work include:

Report the Injury: You have 30 days from the accident date to tell your employer about the injury. Whenever possible, provide notice in writing and include every body part or illness you claim, along with details showing it occurred at work or resulted from work duties.
Seek Medical Attention Immediately: Get prompt medical attention from a professional. Visit the doctor or emergency room right away. Do not let anyone discourage you from seeking care or tell you where you should go for medical help.
Do Not Return to Work: Only return to work when your doctor approves. Your employer may pressure you, but the decision belongs to your treating medical provider.
Get Legal Representation: Consider speaking with a workers' compensation attorney as soon as you can. Delays can affect your claim. A qualified provider can help you select a doctor who understands workers’ compensation injuries and supplies the required paperwork on time. Legal counsel also helps you prepare for insurance company responses and next steps through the process.

It’s important to save every document, record every meeting, and track all communications after an accident. Proper recordkeeping and following all required steps help you secure benefits and avoid delays.

Furthermore, employers cannot retaliate against you or threaten your job for claiming workers’ compensation. If this happens, report such retaliation to protect your rights. You may also have additional remedies with the Workers’ Compensation Board for workplace retaliation.

Understanding Third-Party Work Injury Claims in New York City

In some cases, work injuries can occur because someone other than your direct employer caused the accident. In New York, you can pursue a third-party claim if a contractor, manufacturer, or property owner contributed to your injury. This is referred to as a personal injury claim. These claims exist separately from workers’ compensation cases and may provide additional compensation not available through work comp benefits, such as pain and suffering.

In New York City, busy construction sites and transportation projects often involve multiple contractors or parties. If faulty equipment, carelessness by another company’s employee, or risks from a landlord led to your job injury, you might have a claim beyond traditional workers’ compensation. The rules and legal timelines for these claims differ, so careful recordkeeping and early investigation matter for those who could benefit from third-party claims related to workplace injuries.

Does My Employer Have to Carry Workers' Compensation Insurance?

Nearly all companies in New York must carry workers' compensation insurance that covers both full-time and part-time employees.

Who Is Exempt From Workers Compensation in New York?

Unpaid volunteers
Those providing casual lawn services without heavy equipment for a residence or nonprofit
Police officers, sanitation workers, or firefighters covered by the New York State General Municipal Law
Independent contractors
Other limited exceptions for certain religious or volunteer services

Other exemptions are rare. New York law requires business owners to provide proof of workers' compensation coverage before they can get permits or begin operating. If employers lack proper coverage, an injured employee may have the right to file a lawsuit against the business.

Protect Your Rights After a Work Accident

Workplace accidents create real challenges, so you need to know your rights and options. At Schotter Millican, LLP, our NYC work accident lawyers guide clients through the legal process to help them seek appropriate compensation after a workplace injury.

When you choose us to represent you, we will:

Conduct a thorough investigation into your accident to establish liability
Coordinate with medical professionals to assess your injuries and future needs
Handle communication and negotiations with insurers and employers
Represent your interests in court when necessary

Filing a work accident claim in New York City takes prompt action. The earlier you start, the stronger your case will be. Contact Schotter Millican, LLP today for a free consultation and to discuss your claim and learn how our work accident lawyer in New York City can help.

Tips to Avoid Workplace Accidents

Every workplace can take steps to reduce injuries and make the environment safer for everyone.

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

Provide proper training for employees on how to operate equipment and machinery safely
Maintain a clean, organized workspace to prevent slips and falls
Regularly inspect and service equipment to ensure it functions correctly
Encourage open conversations between management and staff about safety concerns
Implement rules and safety protocols for handling dangerous materials or working in high-risk areas

Making safety a priority helps prevent many injuries and keeps the workplace both productive and secure.

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What Are the Benefits of Workers' Compensation?

Workers’ compensation benefits can differ by case, but here's what most eligible employees can expect.

The New York State Workers’ Compensation Law entitles injured workers to these primary benefits:

Medical treatment paid by the workers’ compensation insurance carrier or self-insured employer
Wage replacement, up to two-thirds of your average weekly wage
Cost reimbursement, such as travel to medical appointments, prescription bills, and other related expenses

The process can feel overwhelming, but a workplace accident attorney in New York can explain how the benefits system works and help you stay organized and compliant as your claim moves forward.

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Choose Schotter Millican, LLP for Your New York City Workers' Comp Claim?

We stand out by serving clients in English, Spanish, and Polish. We are not afraid of taking on complex cases to advocate on behalf of our clients.

Choose us for our:

Proven Track Record: Our workplace accident lawyers in New York have achieved strong results for work accident claims.
Experienced Lawyers: Our team has years of experience supporting injured workers in complex workers' compensation claims and personal injury cases.
Personalized Attention: We take time to understand your circumstances and provide legal advice and representation tailored to your needs.

Our work accident lawyer in New York City helps clients learn about their legal rights at every step, so they can make informed decisions in a complicated system.

Contact Our New York Workplace Accident Lawyers

If you suffered a work injury in New York City, get legal guidance promptly. Our work accident lawyers in New York City can fight for your rights and support you through every stage of your case. Reach out now to schedule a free consultation with our team.

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If you were injured in a workplace accident in New York City, contact Schotter Millican online or call us at (718) 550-0610 for a free case review and let our job accident attorney in New York City can help you.

New York Workplace Accidents FAQs

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

New York uses a no-fault system for workers’ compensation, so you may qualify for benefits even if you played a part in your accident. However, some types of damages, such as pain and suffering, may require separate claims not covered by workers’ compensation.

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

You generally have 30 days to file a workers' compensation claim in New York. For personal injury cases against a third party, the statute of limitations is usually three years from the accident date.

Can I sue my employer for a work injury?

Most employees cannot sue their employer directly for a work-related injury and must use the workers’ compensation system. If a third party such as a contractor or manufacturer played a role, you may have the option to bring a personal injury lawsuit against that person or company.

How long will it take to resolve my case?

Each work accident case has a different timeline based on its details. Workers' compensation claims often take several months, while third-party claims involving personal injury may last longer. You will receive updates on progress as your case moves forward.

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?

If a New York workplace accident aggravated your pre-existing condition, you still have rights under workers' compensation. Document the connection between work and injury with your medical provider and seek legal advice if needed.

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Hablamos Español. Mówimy po polsku. We can talk to you in English, Spanish, and Polish.

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What Sets Us Apart From The Rest?

Schotter Millican, LLP is here to help you get the results you need with a team you can trust.

We'll Be Your Resource
Workers' Compensation can be confusing, but we're here to make sure you have everything you need.
When Others Quit, We Persist
We'll push farther for our clients - when other firms may throw in the towel, we'll dig in deeper.
Activism Backed With Heart
We have been involved in worker activism for decades, and we care deeply about you and your case.
We're Used to Winning
Our attorneys have a long history of large appellate wins, so you can feel confident in our experience.
Videography Training for IME

You will be trained by us to know how to videotape the independent medical examinations (IME) to protect your rights.
We Take Complex Cases
We're not afraid of a challenge, and we'll use our experience to win even the most complicated cases.