Many victims of on-the-job injuries are not aware that they may have a right to a settlement for pain, suffering and many other damages IN ADDITION to their workers’ compensation benefits! The lawyers at Ellis Law, P.C., together with our co-counsel, represent employees and workers throughout New York and nationwide who have been injured on the job.
Workers who are hurt or injured while performing their work duties in New York State are covered by the New York Workers’ Compensation Law (workers’ comp) for lost salary, medical bills and certain other limited expenses. However, they are NOT entitled to ANY money for pain, suffering, excess lost wages (not covered by workers’ comp) and the countless additional damages that are part of a personal injury claim. Many other states have similar laws.
The workers’ compensation statutes govern how much an injured employee can recover from his or her employer’s insurance company as a result of a work-related injury. But many times an additional claim may be submitted against one or more OTHER insurance companies, which could lead to a substantial recovery for the worker.
If you have been injured in a construction, factory or workplace accident, please call our Workers’ Comp Answerline® at 1-800-COMP-LAW (1-800-266-7529, toll-free nationwide) to learn your rights free of charge.
Were you just injured? Find out what to do and how to submit a work injury claim.
Skillfully Handling New York Workers’ Compensation Claims And Appeals
The workers’ compensation lawyers at Ellis Law, with our co-counsel, can help you file your workers’ comp claim for medical treatment, wage loss and disability benefits. In New York, workers’ compensation benefits can include payment of medical bills, vocational rehabilitative benefits, job training, temporary total disability benefits, permanent partial disability benefits, total disability benefits and death benefits if the employee died as a result of a work-related injury.
Also, while many workers’ compensation claims are resolved to the satisfaction of the injured employee, there are times when you, as an injured employee will disagree with a denial of benefits or other decision made in your case. Our experienced workers’ compensation lawyers can also help you challenge an unfavorable decision by the New York Workers’ Compensation Board.
Third-Party Liability For Workplace Accidents
Generally, an injured worker in New York may not sue his employer or any fellow employee for pain, suffering or other damages caused by ordinary negligence when an injury occurs at work. The exclusive remedy provision of the New York Workers’ Compensation Law protects employers from being sued by their employees for on-the-job injuries. Claims must be filed with the New York Workers’ Compensation Board, the state agency charged with administering claims under the New York Workers’ Compensation Law.
However, in certain cases, an injured employee may sue another party (besides his or her employer) to recover an insurance settlement in addition to workers’ comp. In an action against such a “third party,” the injured worker may be able to recover damages not compensable by workers’ comp, including damages for pain and suffering, emotional distress, and reduced quality of life.
Third parties who can be liable for work-related injuries include: negligent drivers who cause motor vehicle accidents, manufacturers of defective products or equipment, negligent contractors or property owners responsible for dangerous conditions on construction sites, and negligent homeowners or commercial building owners of the property where the employee was hurt.
Fighting For Fair Compensation For All Types Of Work Injuries
Work-related injuries or illnesses that commonly trigger a workers’ compensation claim or coverage under the New York Workers’ Compensation Law, some of which can give rise to a third-party claim, include:
- Spinal cord injury or other injury caused by falls from scaffolds, ladders and roofs
- Brain damage, head injury or other injury caused by objects falling onto a worker on a construction site
- Factory injuries
- Amputations, degloving or crushing injuries from work machines
- Abrasions, contusions and lacerations
- Asbestos exposure and occupational diseases such as lung cancer
- Back injuries, knee injuries, neck injuries and shoulder injuries
- Burns, disfigurement and scarring
- Carpal tunnel syndrome (CTS) and repetitive stress injuries (RSI)
- Work-related stress, emotional and psychiatric disabilities
- Eye injuries and hearing problems
- Reflex sympathetic dystrophy (RSD)
- Complex regional pain syndrome (CRPS)
- Work-induced heart attacks and strokes
- Construction site injuries
To find out more about your rights as a victim of a work-related injury or illness, please call our Workers’ Comp Answerline® at 1-800-COMP-LAW (1-800-266-7529) for a free consultation or submit a simple online request form to the Injury Answerline®.
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