Workplace Accidents Attorney
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Given the vast number of different jobs and workplace environments, it is not surprising that the umbrella category of “workplace accidents” can include almost any type of imaginable injury. A zoo keeper faces different workplace risks than a construction worker; a construction worker faces different risks than a teacher; a teacher faces different risks than a scuba instructor; and so on. And while some professions/professional environments are undeniably more dangerous than others, almost every working employee in New York state has at least one thing in common: if they are injured while on the job, they are rightfully entitled to workers’ compensation benefits. However, even where workers’ compensation is an option, you should still strongly consider consulting a workplace accidents attorney to help you evaluate your options.
If you suffered a “work-related” injury, you have two years from the date of accident/injury to file a workers’ compensation injury claim. In a perfect world, the process would be fair and uncomplicated. Unfortunately, unscrupulous employers may try to shirk responsibility by undermining your claim, or the insurance carrier may try to lowball you.
The general rule regarding workers’ compensation is that it precludes personal injury litigation against your direct employer for workplace injuries. Very often, workers’ compensation insurance simply does not adequately compensate you for your injuries.
In addition, workers’ compensation will only cover medical bills and lost earnings. Any pain and suffering you experienced due to your injury will not be covered.
You still have options, however. For example, you can potentially pursue a lawsuit where:
However, if you receive workers’ compensation and a personal injury money judgment, the carrier who paid the workers’ compensation will likely have a lien on your recovery, meaning you may have to reimburse them for some or all the workers’ compensation benefits you received.
Injuries at work and workplace accidents can be incredibly diverse and are not limited to a specific type of injury. In addition to the previous cases mentioned, some of the most prominent injuries at work include:
Slips, trips, and falls: These are the most common type of workplace injury, accounting for about 33% of all nonfatal workplace injuries. They can be caused by a variety of factors, including wet or slippery floors, uneven surfaces, and poor lighting.
Sprains, strains, and tears: Another common type of injury, these are caused by sudden or forceful movements that damage the muscles, tendons, ligaments, and cartilage. They occur most often in workplaces where employees are required to lift heavy objects, bend or twist their bodies, or work in awkward positions.
Repetitive motion injuries: These injuries are caused by repeated movements of the same muscles or joints. They are most common in workplaces where employees are required to do the same tasks over and over again, such as typing, using a computer mouse, or operating machinery.
Falls from ladders, scaffolds, and other elevated surfaces: A fall at work can be very serious and even fatal. Falls can happen in workplaces where employees are required to work at heights, such as construction sites, factories, and warehouses.
Contact with objects and equipment: Usually caused by objects falling, flying, or being thrown. They are most common in workplaces where employees are required to work with machinery, tools, or hazardous materials.
Fires and explosions: These injuries can be caused by a variety of factors, including equipment malfunction, improper storage of flammable materials, and smoking in unauthorized areas.
Regardless of the particular circumstances surrounding your injury, it is prudent to seek advice and counsel from a qualified attorney. The statute of limitations for negligence claims is three years from the date of the incident. Therefore, time is of the essence. The workplace accidents attorneys at Campbell & Associates have years of experience helping injured workers recover the true costs of their personal injuries. So, whether you are a construction worker, a factory worker or in some other type of career, we invite you to call us at 716-992-2222 for a free consultation.
Call 716-992-2222 today for a free consultation, or send us a message by completing the form below.
Koheler v. Port Authority of NY & NJ, et al. (N.Y. Sup. 2015) – Plaintiff, a 39-year old laborer, was working at the 1 World Trade Center construction site when unsecured wooden planks he was walking on shifted, causing him to fall some four feet. He sustained a torn right ACL that required reconstruction surgery and revision of a prior arthroscopic repair of the medial meniscus. He also sustained lumbar herniations that eventually required spinal fusion surgery. Plaintiff received approximately $195,000 in workers’ compensation, but maintained that he was permanently unemployable following the accident. He sued Defendant owners of the construction site. The parties ultimately settled for $1,625,000.
Olkowski v. City of New York (N.Y. Sup. 1990) – A 30-year old sanitation worker sustained a herniated disc when physicians at his employer’s clinic hastily cleared him for full physical duty following a work-related back sprain. A jury awarded him $3,200,000 ($5,593,000, adjusted for inflation).[1]
Tuitt v. Otis Elevator Co. (N.Y. Sup. 1990) – Plaintiff, a 34-year old nurse’s aide, was wheeling a cardiac-emergency patient into an elevator when it malfunctioned and “misleveled” about 4 inches above the elevator frame. Plaintiff attempted to lift the wheeled-bed and the patient so she could load them into the elevator. As a result, the Plaintiff sustained a bulging lumbar disc with associated radicular symptoms. She sued Defendant elevator servicing company, alleging that their negligent and insufficient maintenance of the elevator led to the malfunction that ultimately caused her injuries. Plaintiff contended that she was unable to continue as a nurse’s aide and was restricted to part-time work as a receptionist. A jury awarded Plaintiff $1,337,890 (about $2.5 million, adjusted) for her injuries.
[1] https://data.bls.gov/cgi-bin/cpicalc.pl
Our firm recognizes the difficulties that injured clients face, financially and physically. When you team up with us, you will not only have an attorney working with you side by side but you will also have a strong legal ally and advocate. We genuinely care about the outcome of your case, and we do everything in our power to help you secure a positive case result. To discuss your options, call us at 716-992-2222 or fill out our contact form.
