Workplace Accidents

Workplace Accidents


Workplace accidents can happen at any time and in any industry. Whether you work in construction, manufacturing, healthcare, or any other field, it’s crucial to understand your rights and legal options if you suffer injuries in a workplace accident.

In New York City, workplace accidents are a common occurrence, and victims often face significant physical, emotional, and financial challenges as a result. In such cases, hiring an experienced New York workplace accident attorney is essential to protect your rights and seek the compensation you deserve.

Were you injured at work? Call Greenberg & Stein, P.C. now for a FREE consultation! 844-211-6150.

The Importance of Hiring an Experienced New York Workplace Accident Attorney

Following a workplace accident, the need of engaging an experienced New York workplace accident attorney should not be overlooked. While some may dispute the necessity of hiring a lawyer, there are numerous compelling reasons to do so.

To begin with, personal injury laws can be complex and difficult to interpret on your own. An expert workplace accident attorney has in-depth understanding of New York’s personal injury laws and workers’ compensation laws and can carefully lead you through the legal procedure, ensuring your rights are protected.

In addition, an attorney can assess the merits of your case by taking into account facts, medical records, expert consultations, and potential damages. This thorough evaluation enables them to establish the worth of your claim, which includes medical bills, lost income, pain and suffering, and projected future costs resulting from your injuries.

Furthermore, having legal counsel gives you a significant edge when negotiating with insurance providers. Insurance adjusters sometimes seek to limit settlements, putting profits ahead of your well-being.  

You gain a seasoned negotiator on your side who will fiercely push for a fair settlement, ensuring you are not taken advantage of. Finally, if a fair settlement remains elusive, an experienced workplace accident attorney is ready to take your case to court. They will manage all stages of the lawsuit process effectively, including document filing, courtroom representation, and presenting a convincing case to win the just recompense you deserve.

What Should I Do Immediately After a Workplace Accident?

In the aftermath of a workplace accident, it is crucial to take certain immediate steps to protect your health, rights, and potential personal injury claim. Here are important actions to consider:

Seek Medical Attention: Your well-being should be the top priority. If you are injured, seek immediate medical attention, even if the injury seems minor. Prompt medical care ensures that your injuries are properly assessed, treated, and documented.

Report the Accident: Notify your supervisor or employer about the accident as soon as possible. Provide them with a detailed account of what happened, including the date, time, location, and any witnesses present. Request that an official accident report is filed and obtain a copy for your records.

Document Evidence: If possible, gather evidence at the accident scene. Take photographs of the area where the accident occurred, including any hazards, defective equipment, or unsafe conditions. Additionally, collect the names and contact information of any witnesses who saw the incident.

Preserve Physical Evidence: If there are any physical objects or equipment involved in the accident that may have contributed to your injuries, do not alter or dispose of them. They may serve as crucial evidence to support your claim later on.

Obtain Witness Statements: If there were witnesses to the accident, ask them to provide a statement describing what they saw. Their testimonies can strengthen your case by corroborating your version of events.

Notify Your Employer: Inform your employer about your intention to file a workers’ compensation claim. They should provide you with the necessary forms and instructions for initiating the claims process.

Consult with an Attorney: It is advisable to consult with an experienced New York workplace accident attorney before proceeding further. They can evaluate the circumstances of your case, explain your legal rights and options, and provide guidance on the next steps to take.

Remember, every workplace accident is unique, and the specific actions you should take may vary depending on the circumstances. Consulting with an attorney can ensure that you receive personalized advice tailored to your situation, increasing your chances of a successful claim.

When Do I Need a Lawyer for a Workplace Accident at Work?

While hiring a lawyer after a workplace accident is not mandatory, it is highly advisable to do so. Workplace accident cases can become complex and without the proper knowledge about New York’s laws and workers’ compensation laws you may end up receiving less money than you should.

If you have sustained serious injuries that need substantial medical treatment or long-term care, an attorney can assist you in obtaining appropriate compensation for your medical bills and future care needs.

Medical expenses are a crucial element when determining the worth of your case and if not done correctly, your injuries may represent a big expenditure in the future for you.

Workers who are injured on the job in New York do not have to prove that their employer was negligent in order to collect workers’ compensation payments. Because the workers’ compensation system is a no-fault system, the employee is usually not able to sue their employer.

However, if there are more parties involved in the accident, the law does not prohibit the injured worker to sue any of these parties and pursue further compensation besides their workers’ comp benefits. An attorney will thoroughly investigate your case.

If they conclude that there is another party that may be at-fault, they will start working on building a solid evidence-based case to prove their negligence. 

Whether or not a third party is involved, one thing is almost certain: you will have to deal with an insurance company. If the insurance company refuses to make a reasonable payment, an attorney can negotiate with the insurance firm to get a fair settlement for you. 

Finally, an attorney can defend your rights and take proper legal action if you risk retaliation or termination from your workplace after filing a workers’ compensation claim or seeking reimbursement for your injuries.

Types of Workplace Accidents in New York

New York City is a thriving metropolis with several industries, each with its own set of dangers and hazards. The following are some of the most prevalent forms of occupational accidents in New York:

  • Slip and Fall Accidents: These mishaps happen when a worker falls or stumbles because of dangerous conditions including damp flooring, uneven surfaces, or garbage.
  • Machinery Accidents: These accidents can occur in businesses that rely on heavy machinery owing to defective equipment, insufficient training, or failure to follow safety regulations.
  • Falling Objects: Workers can suffer severe injuries when objects fall from shelves, scaffolding, or construction sites.
  • Struck by or Against Accidents: Accidents in which a worker is struck by a moving vehicle, equipment, or another object fall into this category.
  • Burns and Explosions: Industries involving chemicals, flammable materials, or faulty electrical systems can pose a high risk of burn injuries or explosions.
  • Electrical Accidents: Electrical shocks, burns, and electrocution are all risks for electricians and employees who operate with electrical equipment.
  • Transportation Accidents: Delivery drivers and construction site employees, for example, are at danger of transportation accidents as part of their profession.
  • Falls from Heights: Construction workers and others working on elevated surfaces are at risk of falling, which can result in serious injury or death.
  • Caught in or Between Accidents: When a worker’s body becomes trapped or stuck in machinery, equipment, or items, an accident occurs.
  • Chemical Exposure: Workers in industries involving chemicals, such as manufacturing or laboratories, may suffer from chemical exposure, which can lead to serious health issues.
  • Structural Collapses: Construction sites offer the potential of structural collapse, putting employees’ lives in peril.

The Most Common Causes of Workplace Accidents in New York

Understanding the root causes of workplace accidents is critical for avoiding future instances. The following are some of the most common causes of workplace accidents in New York:

  • Human error: Mistakes committed by employees or managers might contribute to accidents. This might involve carelessness, inattention, or a failure to follow safety measures.
  • Inadequate Training: Inadequate or incorrect training might raise the likelihood of an accident. Employers must offer extensive training to employees to ensure they are aware of possible dangers and how to mitigate them.
  • Unsafe Working Conditions: Employers are required by law to create a safe working environment for their employees. Accidents and injuries can occur if a safe workplace is not maintained.
  • Defective Equipment or Machinery: Malfunctioning or faulty equipment can cause accidents and injuries. Manufacturers and suppliers may be held accountable if they supply defective machinery or equipment.
  • Slips, Trips, and Falls: Slip, trip, and fall incidents can occur due to hazardous circumstances such as damp flooring, congested paths, or a lack of sufficient signs.
  • Fatigue and Stress: Long working hours, weariness, and severe stress can affect employees’ judgment and reaction times, increasing the possibility of an accident.
  • Lack of Emergency Preparedness: Failure to have sufficient emergency response methods and equipment in place can make workplace accidents worse.

How Long Do I Have to File a Workplace Accident Lawsuit in New York?

In the state of New York, you must notify your employer of your injuries within 30 days of the accident date. Failure to do so may result in the loss of your access to workers’ compensation payments.

After notifying your employer, you have two years from the date of the occurrence to submit an Employee Claim (Form C-3) with the board to inform them of your injury.

If you are suing a third party, you have three years from the date of the accident to file a lawsuit. However, it is critical to speak with an attorney as soon as possible to learn about the precise deadlines that apply to your case. If you do not file within the specified time limit, you may lose your right to seek compensation.

What Is My Workplace Accident Case Worth?

The amount of your injuries, medical bills, missed pay, pain and suffering, and the impact on your quality of life all play a role in determining the worth of a workplace accident case.

An experienced New York workplace accident lawyer can assess your case, gather evidence, consult with specialists, and determine the monetary damages you may be entitled to.

While each situation is different, filing a personal injury claim can assist you in seeking compensation for the losses and suffering you have suffered as a result of the workplace accident.

Who’s Liable For My Workplace Accident and Injuries?

Every accident is different, and it can be difficult to determine who is to blame for your injuries. Fortunately, the workers’ compensation system in New York does not require the employee to establish that their employer was negligent.

This implies that regardless of who was at blame, the injured worker is still entitled to workers’ compensation payments. Nonetheless, in some accident cases there might be a third party involved. This could include subcontractors, property owners, manufacturers of defective equipment, or other negligent parties.

If a third party is involved and you want to sue them, you must follow the same processes as you would for any other personal injury litigation. This entails demonstrating that the third party you are suing breached their duty of care and caused your injuries.

An experienced New York workplace accident attorney can investigate the circumstances of your accident, gather evidence, and determine who may be held liable for your injuries.

Have questions about your work accident?

Greenberg & Stein, P.C. has the answers! Visit our Workplace Accident FAQ page for answers to common questions on accidents at the workplace.

How Our New York Personal Injury Attorneys Can Help After Your Workplace Accident?

Following a workplace accident, our experienced New York personal injury lawyers can provide complete legal counsel targeted to your individual situation. Here’s how we can help you:

  • Case Evaluation: We will examine the specifics of your workplace accident case, assessing its strengths and weaknesses, and advising you on your legal rights and choices.
  • Gathering Evidence: To establish a compelling case on your behalf, our attorneys will acquire and evaluate all available evidence, including accident reports, medical records, witness testimonies, and expert opinions.
  • Negotiation and Settlement: We will manage all correspondence and negotiations with insurance companies, ensuring a fair settlement that fully pays you for your injuries, medical bills, lost earnings, and other losses.
  • Guidance and Support: We will give you counsel, assistance, and frequent updates on the status of your case throughout the legal procedure. We understand the physical, emotional, and financial costs of workplace accidents and are dedicated to assisting you through this difficult time.

Injuries sustained in a working accident can have a serious impact on your life. It is critical to get legal counsel from an experienced New York workplace accident attorney in order to preserve your rights and obtain the compensation you deserve.

These lawyers can help you manage the complexity of personal injury law, gather evidence, negotiate with insurance companies, and argue on your behalf.

Contact Greenberg & Stein, P.C. Today

Greenberg & Stein P.C. is a prestigious law firm located in New York. We have helped countless clients get the compensation they deserve. At our firm, you will find some of the most experienced workplace accident attorneys in the state. Our legal team is fully committed to helping you through every step of the process. If you or a loved one has been involved in a workplace accident, do not hesitate in contacting us. Call us at 888-716-4088 to schedule a free consultation to review your case. For a free evaluation of your case, contact our firm today!

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