Below you will find answers to some of the common questions that we receive most frequently from both prospective and current clients of our firm. We encourage you to read through these questions and answers to gain a better understanding about work injuries and the law. We also invite you to call our office today to speak directly with a New York City personal injury attorney from the firm.
What legal steps do I need to take if I was injured on the job?
If you were injured on the job in any capacity, then you should immediately report the injury to your employer, who is expected to provide you with the proper forms to fill out in instances of this nature. In addition, you should also have your injuries checked out by a professional physician in order to determine the degree of your injuries, and thus help determine the benefits to which you are entitled.
If proper evidence of the injury exists, then you will be eligible for workers’ compensation and the corresponding benefits that come along with it. Throughout this process, you would do well to have a professional lawyer on your side and acting on your behalf in order to ensure that all of the necessary steps are taken to secure the financial and medical support that you need at this time.
How does workers’ compensation factor into my workplace injury?
Depending on the nature and degree of your workplace injury, you could be entitled to benefits from workers’ compensation. Typically, workers’ comp allows for the injured employee to receive weekly payments, the amount of which is based off a percentage of the employee’s average weekly wages. The weekly payments from workers’ compensation are intended to cover partial disability, temporary total disability, permanent and total disability, and the permanent loss of function and disfigurement.
Additional benefits that can be received from workers’ compensation after a workplace accident include: medical bills, lost wages, vocational rehabilitation, vocational training, and death benefits.
My spouse was killed on the job. Am I supposed to file a wrongful death claim or a workers’ compensation claim?
Any case in which you are unsure of what type of legal claim should be made for the circumstances involved would be best resolved by a professional personal injury attorney at our firm. Together, we can review the details of your case and then work toward determining the best course of action to be made on your behalf.
That being said, however, there are certain standards that can help you anticipate in which direction your claim will likely go. For example, a case in which your spouse is killed on the job would most likely fall under workers’ compensation law. Because the benefits that would be paid to you come from workers’ compensation insurance from your spouse’s employer, the case would be one for workers compensation rather than wrongful death.
Who am I supposed to hold responsible for my accident and injury at work? My employer?
The answer to this question will largely depend on the circumstances involved in your accident and injury. For this reason, it is imperative that you work with a personal injury lawyer as early on in the matter as possible.
Typically, workers’ compensation laws protect employers from being held liable for an injury claim that was made by one of their employees. There are, however, exceptions. For example, if you can prove that your employer intentionally caused a hazard or that your employer failed to fix a known danger, then you might have cause for a case.
In some cases, the person responsible for your accident and injury could even be a fellow employee who was found to be contributing or exacerbating a pre-existing dangerous condition on the job. The makers of a defective product or unsafe device should also be investigated at this time, because they too could be responsible for the accident that left you injured.
How much will it cost to have a lawyer from your firm represent my case?
At Greenberg & Stein, P.C. we believe in making professional legal representation affordable to everyone who needs it. Accordingly, we offer reasonable rates that take into consideration the financial constraints of the clients we represent. Your first consultation with an attorney at our firm is provided completely free of charge.
We make ourselves available to take your call 24 hours a day, 7 days a week, so you never have to worry about reaching us when you need help the most. The knowledge to answer your questions and the skill to handle your case are only a phone call away. Contact us today to learn more about the services offered at Greenberg & Stein, P.C.
