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Overcoming Obstacles in Workplace Injury Cases

Safety at work is a major concern for everyone. When injuries happen in the workplace, they can have extreme consequences not only for the victim but also for the victim’s family. In addition to the pain and disabling effects of the injury, if you are injured at work, you may also incur substantial medical bills, become disabled, etc. You will need the aid of an experienced workplace accident lawyer in NYC, one who fights for workers’ rights and can help you restore your life activities and expectations.

In New York, workers are protected by substantial Labor Laws that enable them to bring personal injury lawsuits in many cases in addition to workers’ compensation claims. Attorneys with the Law Offices of Michael S. Lamonsoff, PLLC, have spent the last decades fighting relentlessly on behalf of people injured in the workplace, working tirelessly to obtain top settlements and verdicts on their behalf.

Unfortunately, there can be many obstacles and hurdles to winning these cases. The experienced and aggressive team of workers’ rights lawyers at the Law Offices of Michael S. Lamonsoff, PLLC can help you cut through the red tape, and get you the compensation that you deserve.

Man fallen on ground, near a forklift and holding his stomach in pain

If I Suffer an Injury at Work, Who Will Pay for My Costs and Expenses?

If you are injured on the job, you are entitled to workers’ compensation benefits, which include some medical expenses, wage loss, and other immediate costs. However, workers' compensation benefits are not likely to be nearly enough to provide complete compensation for all the damages that you have experienced.

New powerful laws enacted by the New York State government now allow injured workers to sue the people whose negligent failure to follow safety rules and regulations resulted in the worker’s injuries. This gives you the option of bringing a personal injury claim to receive financial recovery for the entirety of your loss, including pain and suffering, as well as your medical expenses.

At the Law Offices of Michael S. Lamonsoff, our team of workplace injury lawyers in New York investigate every case aggressively and work hard to make sure that you receive a settlement or verdict that will fairly and justly compensate you for the full extent of your injuries.

Types of Workplaces Where Injuries Can Occur

In New York City, workplace injuries can occur across a wide range of settings, each presenting unique risks and challenges. Understanding the diversity of these environments can help in recognizing potential hazards and pursuing appropriate legal action when injuries occur. Here are some common types of workplaces where injuries are reported:

  • Construction Sites: Known for being particularly hazardous, construction sites are rife with risks from falls, machinery accidents, and failures in safety protocols. Workers can suffer from a range of severe injuries including fractures, head injuries, and spinal damage.
  • Offices: While seemingly safer, offices also host potential injury risks primarily from ergonomic issues leading to repetitive strain injuries, slips, trips, and falls, especially due to improper office layout or poor maintenance.
  • Manufacturing Facilities: These workplaces are associated with heavy machinery and equipment that can cause significant injuries such as amputations, burns, or exposure to toxic chemicals.
  • Retail Spaces: Employees in retail can encounter injuries from slips and falls, lifting heavy objects, or during interactions with customers and coworkers.
  • Hospitals and Healthcare Facilities: Medical personnel face risks like exposure to infectious diseases, needlestick injuries, and musculoskeletal injuries from handling patients.
  • Restaurants and Kitchens: These environments are prone to burns, cuts, slips, and falls, often compounded by the fast-paced nature of work and close quarters.
  • Transportation and Warehousing: Workers in these sectors may experience injuries related to vehicle accidents, loading and unloading goods, and dealing with warehousing equipment.
  • Public Service and Government Buildings: Employees here may be exposed to various hazards depending on their specific roles, including physical and psychological stress.

Each type of workplace has specific legal standards and regulations meant to protect workers, which can vary significantly in their application and enforcement. After an injury, it is crucial to consult with a knowledgeable personal injury lawyer, like those at The Law Offices of Michael S. Lamonsoff, who understands the complex landscape of workplace injuries in New York City to ensure your rights are fully protected, and you receive the compensation you deserve.

Workers’ Compensation vs. Third Party Liability Workplace Injury Claims 

Workers' Compensation in New York

Workers' compensation in New York is a no-fault system designed to provide injured workers with medical benefits and wage replacement regardless of who caused the accident. Employers are required to carry workers' compensation insurance, and injured employees typically cannot sue their employer directly. 

Benefits under workers' compensation include medical treatment, temporary or permanent disability payments, and vocational rehabilitation if needed. Moreover, compensation is often limited, covering only a portion of lost wages and medical expenses without addressing pain and suffering or other non-economic damages.

Third-Party Personal Injury Lawsuits for Workplace Injuries

In certain workplace injury cases, a worker may file a third-party personal injury lawsuit against a party other than their employer, such as contractors, subcontractors, equipment manufacturers, or property owners. 

These lawsuits allow workers to seek broader compensation, including damages for pain and suffering, full lost wages, and future earning capacity. Third-party claims require proving negligence or misconduct by the third party, unlike workers' compensation, which does not consider fault.

Strategic Considerations for Injured Workers in New York 

In New York, injured workers may pursue both a workers' compensation claim and a third-party lawsuit simultaneously if applicable. Filing a workers' compensation claim does not preclude the possibility of holding a negligent third party accountable for additional damages. Furthermore, any recovery from a third-party lawsuit may be subject to a lien from the workers' compensation insurer to recoup the benefits paid. It’s essential to work with an experienced attorney to navigate these complex claims and maximize compensation.

Steps to Take After an Injury at the Workplace in New York 

Seek Immediate Medical Attention

Your health and safety should be the top priority after a workplace injury. Seek immediate medical treatment for your injuries, even if they seem minor at first. Timing is critical, so do not delay your treatment. A medical evaluation not only ensures proper care but also creates a detailed record of your injuries, which will be critical in pursuing a personal injury claim. Make sure to follow all recommended treatment plans and keep copies of medical records, bills, and prescriptions.

Report the Injury to Your Employer

Notify your employer about the incident as soon as possible. Under New York workers' compensation laws, injured workers must provide written notice of the injury to their employer within 30 days of the accident. While timely reporting is required to preserve your workers' compensation claim, it also establishes an official record of the workplace accident. Be sure to include the time, date, location, and any contributing factors in your report. Keep a copy of the report for your records.

Document the Accident Scene

If you are able, gather evidence at the accident scene immediately after the injury. Take photographs or videos of the hazardous conditions that caused your injury, such as defective equipment, unsafe practices, or environmental hazards. Collect contact information from witnesses who can corroborate your account of the incident. This evidence will play a critical role in proving negligence in a third-party personal injury lawsuit.

Do Not Sign Any Documents Without Legal Advice

Insurance companies and employers may pressure you to accept a settlement or sign waivers early in the process. Avoid signing anything or making statements without consulting your attorney. Signing prematurely could limit your ability to pursue a personal injury claim or recover the full amount you deserve. Anything you say or write down can and will be used against you in a court of law. 

Consult Our Experienced NYC Workplace Injury Attorney

Workers' compensation may provide basic benefits, but it often falls short in covering the full extent of your damages. Contact New York workplace injury lawyer Michael S. Lamonsoff, "The Bull," as soon as possible after your injury to explore your options for filing a third-party personal injury lawsuit. 

Our experienced attorneys will identify any negligent parties, such as contractors, subcontractors, property owners, or equipment manufacturers, who may be held liable for your injuries. We’ll fight to recover full compensation, including damages for pain and suffering, lost earning capacity, and emotional distress, which are not available under workers' compensation.

File a Personal Injury Claim Against the Negligent Party

With the guidance of Michael S. Lamonsoff and his aggressive legal team, you can file a third-party personal injury claim against those responsible for your workplace accident. Our firm will meticulously investigate the incident, gather evidence, and work with experts to build a strong case. By holding negligent parties accountable, you can pursue maximum compensation for all your losses.

Focus on Your Recovery While We Fight for You

After an injury, your primary focus should be on healing. Let our team handle the complexities of the legal process while you concentrate on getting better. With Michael S. Lamonsoff’s unmatched expertise and reputation for securing substantial verdicts and settlements, you can trust us to fight for the justice and compensation you deserve.

Why a Personal Injury Claim is Important After Your Workplace Injury in New York?

Pursuing a personal injury claim after a workplace accident in New York is vital because it can offer compensation that workers' compensation alone cannot provide. Here’s why a personal injury claim is essential:

Pain and Suffering Compensation

Workers' compensation excludes damages for pain and suffering, which can be one of the largest components of compensation in a personal injury claim. This includes:

  • Physical pain caused by severe injuries, surgeries, or chronic conditions.
  • Emotional distress, such as anxiety, depression, or PTSD resulting from the accident.
  • Loss of enjoyment of life due to disabilities or an inability to participate in activities you once loved.

Full Financial Recovery

Workers' compensation only covers:

  • Medical expenses directly related to your injury.
  • A portion of your lost wages (usually two-thirds).
    Limited rehabilitation costs.
  • Personal injury claims go further by allowing recovery for:
  • All lost wages, including future earning capacity, if the injury impacts your ability to work.
  • Non-economic damages like disfigurement or loss of companionship are not covered under workers' compensation.

Holding Negligent Parties Accountable

Workers' compensation is a no-fault system, meaning you receive benefits regardless of who caused the injury. In relation to this, it shields employers from liability. A personal injury claim targets third-party negligence, such as:

  • Subcontractors failing to maintain a safe work environment.
  • Equipment manufacturers producing defective tools or machinery.
  • Property owners neglecting site hazards.

Protection for Your Future

Workplace injuries can have long-term implications, including permanent disabilities or ongoing medical needs. Workers' compensation benefits may fall short in addressing these future expenses, while a personal injury claim can include damages for anticipated costs, securing your financial future.

By filing a personal injury claim, you maximize your potential compensation, ensuring a more thorough recovery and justice for your suffering.

Types of Workplace Injuries: Our NYC Workplace Injury Attorney Can Maximize Your Compensation

When a workplace injury is severe or life-altering, it is critical to pursue maximum compensation to cover the extensive physical, emotional, and financial toll. Our NYC workplace injury attorney, Michael S. Lamonsoff, Esq., "The Bull," is experienced in representing workers with serious or catastrophic injuries, including:

Traumatic Brain Injuries (TBIs)

Traumatic brain injuries are some of the most severe workplace injuries, often resulting from falls, being struck by falling objects, or heavy equipment accidents. These injuries can lead to cognitive impairments, memory loss, chronic headaches, and emotional instability. Workers suffering from TBIs may require extensive medical treatment, including surgeries, therapy, and long-term care, which can place an enormous financial burden on their families.

Spinal Cord Injuries

Spinal cord injuries frequently occur in workplace accidents involving falls from scaffolding or ladders or when workers are crushed by machinery. These injuries can cause partial or complete paralysis, leaving workers unable to resume their previous employment or even perform daily activities without assistance. Treatment often involves surgeries, physical therapy, and expensive home modifications to accommodate mobility challenges.

Severe Burns

Burn injuries, whether caused by fires, chemical spills, or electrical malfunctions, can result in extensive physical and emotional trauma. Severe burns may lead to permanent scarring, loss of function, and painful recovery periods involving multiple surgeries and skin grafts. Victims of these injuries often face reduced earning potential and significant psychological distress.

Crush Injuries and Amputations

Crush injuries and amputations occur when workers are caught in or between heavy machinery or equipment. These catastrophic injuries often require emergency medical intervention and long-term prosthetic care. Amputation victims face a lifetime of physical limitations, emotional challenges, and financial strain due to medical expenses and loss of income.

Fatal Workplace Injuries

In the most tragic cases, workplace accidents result in fatalities, leaving families grieving the loss of their loved ones. In such cases, a personal injury attorney can help the family pursue wrongful death claims to secure compensation for funeral expenses, lost income, and the emotional impact of the loss.

Permanent Vision or Hearing Loss

Workplace accidents involving explosions, chemical exposure, or excessive noise can result in permanent vision or hearing loss. These sensory impairments drastically affect a worker’s ability to perform their job and participate in daily activities. Victims often require specialized medical care, assistive devices, and vocational retraining, all of which can be costly.

Multiple Fractures

Severe accidents such as falls from heights or machinery-related incidents can cause multiple fractures. These injuries often necessitate extensive surgeries, prolonged rehabilitation, and sometimes permanent physical limitations. Workers with multiple fractures may face ongoing pain, restricted mobility, and challenges in returning to their previous occupation.

Respiratory Illnesses from Toxic Exposure

Workers exposed to hazardous chemicals, asbestos, or other toxins on construction sites or industrial facilities may develop severe respiratory illnesses like chronic obstructive pulmonary disease (COPD) or mesothelioma. These illnesses often manifest years after exposure but can lead to significant medical expenses, reduced quality of life, and premature death.

Psychological Trauma and PTSD

Witnessing or experiencing a catastrophic workplace accident can result in severe psychological trauma or post-traumatic stress disorder (PTSD). Workers may struggle with flashbacks, anxiety, depression, and an inability to return to work. Psychological injuries often require long-term therapy and medication, further emphasizing the need for comprehensive compensation.

New York workplace injury lawyer Michael S. Lamonsoff “The Bull” understands the devastating impact of these injuries on workers and their families. His relentless advocacy ensures that victims of serious workplace accidents receive maximum compensation to cover medical costs, lost income, and the full spectrum of their suffering.

Select Results From Recent Workplace Accident Cases:

  • $6,500,000 settlement awarded to a union construction worker who fell from an unsecured ladder which resulted in a leg fracture and spinal injuries.
  • $5,500,000 verdict awarded construction worker who was injured when a wood bracing collapsed while exiting a ditch resulting in spinal injuries.
  • $4,750,000 awarded to a construction worker who was injured when a concrete slab fell and struck him resulting in multiple injuries.
  • $2,800,000 settlement for an iron worker who was caused to slip and fall on a construction site resulting in significant lower back injuries.
  • $2,200,000 awarded to a construction worker who was catastrophically injured when a trailer rolled back and crushed him against a jersey barrier.
  • $2,000,000 recovered for a sanitation worker who was injured when a garbage truck crashed into his vehicle resulting in serious injuries. 
  • $1,000,000 awarded to a union plasterer who was injured on the job when he was burned by a torch.
  • $1,000,000 awarded to a construction worker who fell through a skylight in a warehouse.
  • $1,000,000 settlement for a NYPD traffic officer whose vehicle was struck by a negligently operated forklift resulting in serious injuries.

Click here to see more client results.

We Can Help

If you have been the victim of a workplace accident and sustained serious injuries, please don’t hesitate to contact our office immediately and speak with an NYC personal injury attorney. The Law Offices of Michael S. Lamonsoff, PLLC, will work tirelessly to get you the best possible outcome in your case. 

Prior results do not guarantee a similar outcome. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

Workplace Injury FAQ

Can I file a workers' compensation claim and a third-party liability lawsuit simultaneously?

Yes, injured workers in New York can pursue both workers' compensation benefits and a third-party liability lawsuit simultaneously. However, workers’ compensation insurers may have a lien on the damages recovered in the lawsuit to recoup some of the benefits paid.

What damages can be recovered in a third-party liability workplace injury claim?

In addition to medical expenses and lost wages, a third-party liability claim may include compensation for pain and suffering, emotional distress, loss of consortium, and punitive damages if the third party’s actions were particularly egregious.

Do I need to prove negligence to win a third-party liability workplace injury claim?

Yes, unlike workers' compensation, a third-party liability claim requires demonstrating that the third party was negligent or that a defective product caused the injury. Evidence such as witness statements, accident reports, expert testimony, and maintenance records can be critical to proving negligence.

How long do I have to file a third-party liability claim in New York?

In New York, the statute of limitations for filing a personal injury claim, including third-party liability lawsuits, is generally three years from the date of the injury. However, certain exceptions may apply, so consulting an attorney promptly is essential.

Can undocumented workers file third-party liability claims?

Yes, undocumented workers injured on the job in New York are entitled to file third-party liability claims. Immigration status does not impact the right to seek compensation for injuries caused by a negligent third party.

Why should I hire an attorney for a third-party liability claim?

Third-party liability claims often involve complex legal and factual issues, requiring in-depth knowledge of personal injury law and accident investigation. Our outstanding and proven workplace injury attorney Michael S. Lamonsoff can build a strong case, aggressively negotiate with insurance companies, and fight for maximum compensation in court if necessary.

What role does comparative negligence play in a third-party liability claim?

New York follows a pure comparative negligence rule, which means your compensation may be reduced if you are partially at fault for the accident. For example, if you are found 20% at fault, your damages will be reduced by that percentage. An experienced attorney can help minimize any allegations of your fault to maximize your recovery.

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