Workplace Injury Attorney

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:

• Your employer doesn’t have any workers’ compensation insurance
• A toxic substance caused the injury
• A defective product caused the injury
• A third party is liable for the injury
• The injury occurred on a construction site

In such cases, speaking with an experienced workplace injury attorney or construction injury attorney can help you understand how to move forward and seek full compensation.

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. These incidents can often justify a legal claim, especially when they involve an injury from unsafe property.
• 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. If this describes your case, speaking with experienced construction injury attorneys is an important first step toward protecting your rights.
• 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.

In rare but tragic cases, workplace accidents can intersect with other areas of law, such as legal help for nursing home neglect when staff are injured or placed at risk in unsafe eldercare environments.

Regardless of the circumstances, partnering with a knowledgeable workplace injury attorney or construction injury attorney ensures that your legal strategy is tailored to your specific injury and working environment.

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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