Workplace Injury Lawyer
At Katz, Leidman, Freund & Herman, we understand the physical, emotional, and financial toll a workplace injury can have on workers and their families. Our dedicated team of workplace injury lawyers is committed to fighting for the rights of injured workers across New York City, ensuring they receive the compensation and justice they deserve. Contact us today for immediate assistance after a workplace injury.
What Constitutes a Workplace Injury?
A workplace injury refers to any injury or illness that occurs due to an employee’s job duties or work environment. These workplace injuries can range from minor incidents requiring little to no medical attention to severe, life-altering conditions that may require extensive medical treatment and rehabilitation or may even lead to permanent disability. Understanding what constitutes a workplace injury is crucial for both employers and employees to ensure the proper steps are taken following an incident. Here are the key components that generally define a workplace injury:
1. Injuries Occurring in the Course of Employment
This includes injuries sustained while performing work duties or activities related to employment. It doesn’t necessarily have to occur within the physical workplace as long as the activity is work-related. For example, injuries sustained while traveling for business, working remotely, or during work-related events are considered workplace injuries.
2. Physical Injuries
These are the most recognizable workplace injuries and include cuts, fractures, burns, and any other bodily harm. Physical injuries can result from accidents like slips, trips, falls, machinery mishaps, or being struck by objects.
3. Repetitive Stress Injuries (RSIs)
RSIs occur over time due to repetitive motions or prolonged positions that strain certain body parts. Common examples include carpal tunnel syndrome, tendonitis, and back injuries resulting from repetitive lifting or sitting in an ergonomically poor workstation.
4. Occupational Illnesses
These are illnesses or conditions developed directly from workplace environment or specific job duties. Examples include respiratory conditions from inhaling toxic substances, skin conditions due to chemical exposure, and hearing loss from constant loud noise exposure.
5. Psychological or Mental Health Injuries
Work-related stress, bullying, violence, or traumatic events can lead to psychological injuries such as anxiety, depression, or post-traumatic stress disorder (PTSD). These injuries are increasingly recognized as compensable workplace injuries.
6. Aggravation of Pre-existing Conditions
If a worker’s pre-existing condition is aggravated or worsened by their work duties or work environment, this can also be considered a workplace injury. The key factor is that the work must contribute significantly to the aggravation of the condition.
Legal and Reporting Requirements
It’s important for both employees and employers to understand their local laws and regulations regarding workplace injuries, as these can vary by jurisdiction. Generally, employees are required to report any workplace injury to their employer as soon as possible. Depending on the severity and local regulations, employers are responsible for providing a safe working environment and reporting certain injuries to relevant authorities or insurance providers.
A workplace injury encompasses a wide range of physical, mental, and emotional conditions caused or exacerbated by an individual’s work. Recognizing these injuries is the first step in ensuring that affected workers receive the appropriate care and compensation.
How a Workplace Injury Lawyer Can Help
As a law firm with experience in workplace injury cases, we at Katz, Leidman, Freund & Herman are dedicated to providing comprehensive legal assistance to individuals who have suffered injuries or illnesses due to their employment. Our team of experienced workplace injury lawyers understands the complexities of workers’ compensation insurance laws and personal injury litigation, and we are committed to helping our clients navigate these challenges to secure the compensation and benefits they rightfully deserve. Here’s how we can assist you if you’ve suffered a workplace injury:
1. Case Evaluation and Legal Advice
We begin by offering a thorough evaluation of your case. This involves reviewing the circumstances of your injury, assessing any potential claims you may have, and advising you on the best legal course of action. Our experience lets us identify key aspects of your case that could impact the outcome, ensuring you’re fully informed.
2. Navigating Workers’ Compensation Claims
Workers’ compensation can be a complex and daunting process. Our lawyers are adept at handling these claims, ensuring all necessary paperwork is filed accurately and on time. We can also help determine the full extent of benefits you are entitled to, including medical expenses, lost wages, and rehabilitation costs. If your claim is denied, we’re prepared to appeal the decision on your behalf.
3. Representation in Personal Injury Claims
If your injury was caused by the negligence of a third party, you might have a personal injury claim in addition to your workers’ compensation claim. We have the experience to pursue this additional compensation, which can cover pain and suffering, future medical costs, and loss of future earning potential. We aim to ensure you receive the fullest compensation possible for your injuries.
4. Litigation and Trial Representation
While many workers’ compensation and personal injury cases are settled out of court, some require litigation to achieve a fair outcome. Our seasoned trial attorneys are prepared to represent you in court, presenting a compelling case on your behalf to secure the justice and compensation you deserve.
5. Negotiating Settlements
Our attorneys possess strong negotiation skills, often securing favorable settlements without needing a trial. We work tirelessly to negotiate with employers, insurance companies, and opposing counsel to reach a settlement that adequately compensates you for your injuries and losses.
6. Support and Guidance
Throughout the process, we provide continuous support and guidance. We understand the physical, emotional, and financial toll a workplace injury can take on you and your family. Our team is here to answer your questions, provide regular updates on your case, and offer the support you need during this challenging time.
At Katz, Leidman, Freund & Herman, we are committed to advocating for the rights of injured workers. Our approach is tailored to each client’s unique circumstances, ensuring personalized and effective legal representation. If you or a loved one has suffered a workplace injury, contact us for a free consultation to discuss how we can help you secure the compensation and justice you deserve.
Common Workplace Injuries
Workplace injuries can vary significantly across different industries, with construction sites being among the most hazardous work environments. Construction accidents frequently lead to serious injuries or fatalities due to the nature of the work, which often involves heavy machinery, working at heights, and exposure to potentially dangerous materials.
Common Workplace Injuries Across Various Industries
- Slips, Trips, and Falls: These can happen in any workplace, leading to bruises, fractures, and more severe injuries depending on the circumstances of the fall.
- Repetitive Stress Injuries: Caused by repetitive motions or prolonged exertion, common examples include carpal tunnel syndrome and tendonitis.
- Back Injuries: Lifting, carrying heavy loads, or even sitting in an ergonomically poor position can lead to back injuries.
- Cuts and Lacerations: These can result from using sharp tools or machinery without proper safety measures.
- Exposure to Harmful Substances: Workers can suffer illnesses or skin conditions from exposure to chemicals, dust, or other hazardous materials.
Construction Site Accident Injuries
Our construction site accident lawyers are experienced in helping with all kinds of construction site injury cases. Construction sites are prone to a wider range of hazards, leading to specific types of injuries, including:
- Falls from Heights: One of the leading causes of fatalities and serious injuries on construction sites, falls can occur from scaffolding, ladders, roofs, or any elevated work area.
- Struck-By Object Injuries: Workers can be hit by falling objects, flying debris, or moving vehicles, leading to head injuries, causing traumatic brain injuries, fractures, and other trauma.
- Electrocution: Construction workers are at risk of electrocution from live wires, power lines, and electrical equipment, which can cause burns, cardiac arrest, and other serious injuries.
- Caught-In/Between Accidents: These occur when a worker is caught in or compressed by equipment or objects or struck, caught, or crushed in collapsing structures, equipment, or materials.
- Machinery Accidents: Heavy machinery, if improperly used or maintained, can lead to crushing injuries, amputations, and fatalities.
- Trench or Excavation Collapses: Workers in trenches or excavations can be buried or crushed in collapses, leading to asphyxiation or crush injuries.
- Burns and Explosions: Exposure to fires, explosions, or hot materials can cause severe burns and related injuries.
- Hearing Loss: Prolonged exposure to high noise levels without proper ear protection can damage permanent hearing.
Shouldn’t I Just File a Workers’ Comp Claim?
Deciding between filing a workers’ compensation claim or taking further legal action depends on the nature of your workplace injury and the surrounding circumstances. Here’s a brief overview to guide your decision:
Workers’ Compensation Claims
- Benefits: Workers’ compensation provides quick, no-fault benefits covering medical expenses and a portion of lost wages without proving employer negligence.
- Limitations: The compensation benefits are capped and typically exclude compensation for pain and suffering. Accepting workers’ comp may prevent you from suing your employer for the injury.
Considering Further Legal Action
- Third-Party Claims: If your injury was caused by a third party, you might pursue a personal injury lawsuit against them for additional compensation.
- Employer Negligence: In cases of intentional or egregious conduct by your employer, a lawsuit could offer a pathway to greater compensation beyond workers’ comp.
- Inadequate Workers’ Comp Benefits: If workers’ compensation doesn’t fully cover your losses or you’ve suffered a significant, permanent disability, exploring legal action might be beneficial.
Damages You May Be Entitled To After a Work Accident Injury
After experiencing a work accident injury, you may be entitled to various forms of compensation to cover the losses and damages you’ve incurred. These damages are designed to help you recover from your injury financially, physically, and emotionally. Understanding what you may be eligible for is crucial in ensuring you seek the full compensation you deserve. Here’s an overview of the types of damages you might be entitled to:
1. Medical Expenses
This includes the cost of all medical treatment related to your work injury, from emergency care and hospital stays to follow-up appointments, physical therapy, medications, and any future medical care you may need.
2. Lost Wages
If your injury forces you to take time off work, you can be compensated for the wages you’ve lost during your recovery period. This also covers overtime or bonuses you would have earned had you been able to work.
3. Loss of Earning Capacity
If your injury results in a disability that prevents you from returning to your previous job or from working at the same capacity as before, you may be entitled to compensation for the loss of future earning potential.
4. Pain and Suffering
This non-economic damage compensates you for the physical pain and emotional distress you’ve endured because of your injury. It acknowledges the impact of your injury on your quality of life.
5. Permanent Disability and Disfigurement
If the work accident leaves you with permanent disabilities or disfigurement, you may receive compensation for the long-term impact on your life, including your ability to work and engage in personal activities.
6. Rehabilitation Costs
Rehabilitation expenses cover physical therapy, occupational therapy, and any other rehabilitation services needed to help you recover and return to work, if possible.
7. Vocational Rehabilitation
If you cannot return to your previous job, you might be entitled to vocational rehabilitation services, which help you retrain or gain new skills for a different job.
8. Wrongful Death and Survivor Benefits
If a work accident results in a fatality, the deceased worker’s family may be entitled to wrongful death benefits, including compensation for funeral expenses, loss of financial support, and loss of companionship.
Seeking Legal Advice
Given these considerations, it’s often beneficial to consult with a workplace injury lawyer who can provide advice tailored to your specific situation. An attorney can help you understand your rights, the potential benefits and drawbacks of filing a workers’ compensation claim versus a lawsuit, and what course of action is likely to result in the best outcome for you.
At Katz, Leidman, Freund & Herman, our experience in workplace injuries and workers’ compensation claims allows us to offer you the guidance you need to make informed decisions about your case. We can evaluate your situation, advise on the best path forward, and represent your interests, ensuring you receive the full compensation and support you’re entitled to.
Why Choose Us?
- Experience: With decades of experience in workers’ compensation and personal injury law, our attorneys possess the knowledge and skills required to navigate the complexities of workplace injury claims. We have a proven track record of securing favorable outcomes for our clients through negotiation or litigation.
- Personalized Attention: We believe every case is unique, and every client deserves individualized attention. Our workers’ compensation lawyers take the time to understand the specifics of your situation, providing tailored advice and strategies designed to achieve the best possible results.
- No Upfront Costs: We operate on a contingency fee basis, meaning you don’t pay us unless we win your case. We aim to make quality legal representation accessible to all injured workers, regardless of their financial situation.
Need Help with Your Workplace Injury Claim? Contact Us Today.
If you’ve suffered a workplace injury in New York City and feel overwhelmed by the complexities of filing a claim, securing the compensation you deserve, or facing resistance from insurance companies or employers, we’re here to help. At Katz, Leidman, Freund & Herman, our experienced workplace injury lawyers are dedicated to advocating for injured workers. We understand your challenges and are committed to guiding you through every step of the legal process.
Don’t navigate this journey alone. Contact us today for a free consultation to discuss your case, understand your rights, and explore your options for compensation. Let us help you achieve the justice and financial support you need to recover and move forward.
NYC Workplace Injury Lawyer FAQs
1. What should I do immediately after a workplace injury in NYC?
First, seek medical attention for your injury. Then, report the injury to your employer as soon as possible, following any specific procedures your workplace has in place. Document everything related to your injury and the circumstances surrounding it. Consider consulting with a workplace injury lawyer to understand your rights and options.
2. Am I entitled to compensation for a workplace injury in NYC?
Yes, most workers in NYC are covered under workers’ compensation insurance, which provides benefits for medical care and a portion of your lost wages. Depending on the circumstances, you may also be entitled to additional compensation through personal injury claims, especially if a third party’s negligence contributed to your injury.
3. How long do I have to file a workers’ compensation claim in NYC?
In New York, you must notify your employer about the injury within 30 days of the accident. The formal workers’ compensation claim must be filed with the New York State Workers’ Compensation Board within two years of the injury date.
4. Can I sue my employer for a workplace injury in NYC?
Generally, workers’ compensation is an exclusive remedy, meaning you cannot sue your employer for injuries if you’re receiving workers’ comp benefits. However, exceptions exist, such as in cases of intentional harm or gross negligence. Discussing your case with a personal injury lawyer can clarify if suing your employer is an option.
5. What if my workers’ compensation claim is denied?
If your claim is denied, you have the right to appeal the decision with the New York State Workers’ Compensation Board. An experienced workplace injury attorney can help you through the appeals process to fight for your rights and benefits.
6. How can a workplace injury lawyer help me?
A workplace injury lawyer can guide you through the process of filing a workers’ compensation claim, represent you in appeals if your claim is denied, and identify any potential third-party claims. They can also negotiate settlements and ensure you receive the maximum compensation possible for your injuries.
7. What kind of compensation can I receive for a workplace injury?
Beyond medical expenses and lost wages covered by workers’ compensation, you might be eligible for compensation for pain and suffering, loss of future earning capacity, and other damages through a personal injury lawsuit if third-party negligence is involved.
8. How much does it cost to hire a workplace injury lawyer in NYC?
Many workplace injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. The fee is usually a percentage of the compensation awarded. Initial consultations are often free, allowing you to discuss your case without financial obligation.
9. What is the difference between workers’ compensation and personal injury claims?
Workers’ compensation provides benefits regardless of fault but limits the types of compensation you can receive. Personal injury claims require proving negligence but can result in a broader range of damages, including pain and suffering.
10. Can I be fired for filing a workers’ compensation claim?
No, it is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. If you believe you’ve been retaliated against, you should consult with an attorney immediately.