Workplace Accidents Lawyer in New York City

Maximizing Workers' Compensation Claims in NYC

New York City, a bustling metropolis filled with diverse industries, is a hub of economic activity and job opportunities. Amidst the vibrant professional environment, workplace accidents can unfortunately be a reality. From construction sites soaring into the skyline to the offices, factories, retail establishments, and warehouses located across New York, workers face a range of occupational hazards.

If you have been injured on the job in New York City, securing legal representation from attorney Michael S. Lamonsoff, popularly known as "The Bull," is your key to maximizing your workers' compensation claim. With a reputation for tenacity and a record of large settlements and verdicts, "The Bull" and his dedicated legal team is ready to fight for your rights.

Our seasoned workplace accident lawyers understand the unique challenges posed by the NYC legal landscape, and will do what it takes to get you the workers' compensation you rightfully deserve for your injuries and losses.

Workplace Accident Laws and Regulations in New York

In New York, workers' compensation laws are designed to protect employees who suffer injuries or illnesses arising out of and in the course of employment. The primary statutes governing workers' compensation in New York include:

New York Workers' Compensation Law (WCL)

This comprehensive statute outlines the rights and obligations of both employees and employers regarding workers' compensation. It covers the benefits available to injured workers and establishes the procedures for filing and processing claims.

New York Workers' Compensation Board (WCB)

The WCB is the state agency responsible for overseeing and administering workers' compensation claims. It plays a crucial role in ensuring that injured workers receive the benefits they are entitled to under the law.

New York Labor Law

Certain provisions of the New York Labor Law may come into play in workers' compensation cases, especially those related to workplace safety standards and regulations. For example, Section 240, known as the "Scaffold Law," imposes specific safety requirements on construction site owners and contractors.

New York Disability Benefits Law (DBL)

While not specifically related to workers' compensation, the DBL provides disability benefits for non-work-related injuries or illnesses. It may be relevant if an employee is unable to work due to a disability not covered by workers' compensation.

Public Employee Safety and Health (PESH) Act

This act establishes safety and health standards for public employees in New York. It is particularly relevant for workers in the public sector.

New York Labor Laws and Federal Laws Applicable to Workplace Accidents

In New York, workplace accidents are governed by a combination of state labor laws and federal regulations. Understanding these laws is vital for both employers and employees to ensure a safe working environment and proper procedures in the event of an accident.

State Labor Laws

New York Labor Law Section 200: This section imposes a general duty on employers to provide a safe workplace. Employers must take reasonable precautions to protect employees from foreseeable risks.
New York Labor Law Section 240 (Scaffold Law): Commonly known as the Scaffold Law, this statute imposes strict liability on contractors and property owners for gravity-related injuries, particularly in construction and demolition work.
New York Labor Law Section 241: This section outlines specific safety requirements for various industries. It includes detailed provisions addressing construction, excavation, and demolition activities.

Federal Laws

Occupational Safety and Health Act (OSHA): OSHA is a federal law that sets safety and health standards for workplaces. It requires employers to provide a safe working environment, including proper training, hazard communication, and recordkeeping.
Family and Medical Leave Act (FMLA): FMLA provides eligible employees with up to 12 weeks of unpaid leave per year for certain family or medical reasons, including the recovery from a serious health condition related to a workplace accident.
Americans with Disabilities Act (ADA): ADA prohibits discrimination against individuals with disabilities. Employers must provide reasonable accommodations for employees with disabilities resulting from workplace accidents.
Federal Employers' Liability Act (FELA): FELA provides protection for railroad workers injured on the job. It allows them to sue their employers for negligence, unlike typical workers' compensation systems.

Both state and federal laws aim to ensure the safety and well-being of workers. In the aftermath of a workplace accident, legal representation from an experienced attorney like Michael S. Lamonsoff, "The Bull," can help injured workers navigate the complexities of these legal frameworks and pursue their rightful compensation.

Types of Workplace Accidents and Injuries in New York City

Some common types of workplace accidents in New York City include:

Construction Site Incidents

Slip and Fall Accidents

Wet or slippery surfaces.
Uneven walkways.
Inadequate lighting.
Lack of proper signage.

Industrial Accidents

Transportation Accidents

Office and Retail Accidents

Trip hazards.
Repetitive strain injuries.
Ergonomic issues.
Workplace violence incidents.

Healthcare Accidents

Patient handling injuries.
Needlestick injuries.
Slippery floors in healthcare facilities.

Restaurant and Hospitality Accidents

Kitchen injuries.
Burns and scalds.
Slip and fall accidents.

Whether you work in construction, an office, a restaurant, or any other industry, understanding your rights and having a knowledgeable advocate, like Michael S. Lamonsoff, "The Bull," can make all the difference in your recovery process.

woman filling out workplace injury claim

OSHA's "Fatal Four" Workplace Hazards

The Occupational Safety and Health Administration has identified four hazards, collectively known as the "Fatal Four," that contribute significantly to workplace fatalities.

Falls

Falls are the leading cause of workplace fatalities. They occur when workers are not protected from unprotected edges, slippery surfaces, or improperly used ladders. Prevention measures include the use of guardrails, safety nets, and personal fall arrest systems.

Struck by Object

This hazard involves workers being struck by tools, equipment, or falling debris. It is prevalent in construction, manufacturing, and other industries. Preventive measures include proper storage practices, maintaining organized workspaces, and using personal protective equipment (PPE).

Electrocutions

Electrocutions result from electrical hazards such as faulty wiring, exposed electrical parts, or improper use of electrical equipment. Prevention strategies encompass proper equipment maintenance, insulation, and employee training on electrical safety.

Caught-in/Between

This hazard occurs when workers are caught in or between objects, especially machinery. It includes incidents where a worker is compressed, pinched, or crushed by equipment or structures. Prevention measures involve machine guarding, lockout/tagout procedures, and comprehensive employee training.

Notice Period and Statute of Limitations in Workers' Comp Cases in New York

In workers' compensation cases in New York, understanding the notice period and statute of limitations is crucial for filing a successful claim. Here's an overview:

Notice Period

In New York, injured workers must notify their employer of a work-related injury or illness within 30 days of the incident or the date they became aware of the connection to their job.
The notice can be provided verbally or in writing and should include details about the injury, the date and location of the incident, and how it occurred.
Failing to provide timely notice may result in a denial of workers' compensation benefits, unless the employer had knowledge of the injury.

Statute of Limitations

The statute of limitations for filing a workers' compensation claim in New York is generally two years from the date of the injury or the date the employee knew, or should have known, that the injury was work-related.
If an injured worker fails to file a claim within the specified time frame, they may lose the right to receive workers' compensation benefits.
Exceptions to the two-year limitation exist, such as for occupational diseases, where the two-year period begins when the worker becomes disabled and is aware, or should be aware, of the relationship between the disease and employment.

The Law Offices of Michael S. Lamonsoff Can Protect Your Workers' Compensation Rights in New York

The Law Offices of Michael S. Lamonsoff in New York is dedicated to safeguarding your workers' compensation rights, ensuring you receive the benefits you deserve after a workplace injury. Here's how our legal team can assist you:

Legal Guidance

Our experienced attorneys specialize in workers' compensation cases, possessing in-depth knowledge of New York labor laws and regulations. We provide skilled guidance on the entire workers' compensation process, ensuring you understand your rights and obligations.

Timely Filing

We assist in meeting critical deadlines, including the notice period and statute of limitations, to ensure your claim is filed promptly and accurately.

Claim Preparation

Our team helps gather essential evidence to support your workers' compensation claim, including medical records, incident reports, and witness statements.

Negotiation with Insurers

We handle negotiations with insurance companies to secure the maximum compensation available under workers' compensation laws.

Appeals Process

If your claim is denied, we navigate the appeals process, representing your interests at hearings and ensuring a fair review of your case.

Medical Treatment Advocacy

We advocate for your right to receive appropriate medical treatment and work with healthcare professionals to document the extent of your injuries.

Communication and Update

Our team maintains open communication, keeping you informed about the progress of your case and addressing any concerns you may have.

Litigation Support

In cases where litigation becomes necessary, our skilled litigators are prepared to take your case to court, fighting vigorously for your rights.

By choosing the Law Offices of Michael S. Lamonsoff, you benefit from a team with a proven track record of successfully handling workers' compensation cases in New York. We are committed to securing the compensation you deserve and easing the burden during a challenging time. Don't let workplace accidents dictate your future – harness the strength of "The Bull" and reclaim your path to recovery and financial stability. To schedule your free consultation, call us today at 212-962-1020 or contact us online.