Rosenbaum & Rosenbaum, P.C. | March 18, 2022 | Workplace Injuries
Injuries that happen in the workplace can be severe, if not catastrophic. This is especially true for accidents that take place in industries like construction.
If you have been hurt while working, it is normal to feel confused and overwhelmed. Because of this, it is critical to consult with an experienced worksite injury attorney.
With the help of a legal professional, you can file a workers’ compensation claim to recover the money that you need. In some instances, injury victims can file a third-party lawsuit against any other responsible parties.
Steps to Take Following a Workplace Accident
In the moments after an on-the-job accident, you may feel uncertain about what steps to take. Regardless of the circumstances of your workplace injury, take the following three steps as soon as possible:
Secure a Medical Assessment
No matter what type of injury you have sustained, it is vital to seek medical care. To ensure a successful workers’ compensation claim, you should seek care with a provider that is approved by the Workers’ Compensation Board or your employer.
Notify Your Employer
Following an on-the-job accident, make sure to notify your superior about the incident. Failing to do so could jeopardize your ability to recover compensation.
In New York, you must make your employer aware of your injury within 30 days of the initial occurrence.
Complete Form C-3
The application form for workers’ compensation benefits is called Form C-3. It is crucial to complete this form accurately and as quickly as possible. You must submit this form within two years of the accident, injury, or illness to recover the benefits that you deserve.
Speak with a Knowledgeable Workers’ Compensation Lawyer
Unfortunately, many initial applications for workers’ compensation benefits are denied. Sometimes, this is the result of small mistakes or errors in the application documents.
An experienced workers’ compensation attorney will review your application to ensure that you have the best chance of recovering benefits.
The Possibility of Further Legal Action
Most injured employees are entitled to workers’ compensation benefits, but these payments are less than the worker would have earned at their place of employment.
For this reason, injury victims may have difficulty handling the resulting financial challenges. In some instances, injured workers can file an additional legal claim to recover financial compensation.
These cases are called “third-party” claims. When claiming workers’ compensation benefits, an employee relinquishes their right to sue their employer.
However, if a third party also bears responsibility for the damage, the victim can seek financial recovery from them. With a third-party claim, the injury victim can pursue damages from any liable party, other than their employer.
The state of New York has passed special protections for workers in the construction industry, where workplace injuries occur often. If a defective tool, machine, or vehicle was the cause of your injury, you may be able to sue:
- The manufacturer
- The distributor
- The retailer
- And more
You should not have to bear the financial and personal losses from an accident that you did not cause. Speak with a seasoned legal professional to explore your options and pursue the financial compensation that you are rightfully due.
Common Damages in Third-Party Suits
If you file a third-party lawsuit, you have the potential to recover compensation for all of the harm that you sustained. Common examples of damages in workplace accident cases include payments for:
- Physical pain and suffering
- Lost wages from missed work
- Medical bills and expenses
- Emotional distress and anguish
- Post-traumatic stress disorder (PTSD)
- Disability and disfigurement
- Decreased earning capacity
- Job retraining
- And more
Consulting with a workers’ compensation attorney in New York City will give you the best chance of recovering the benefits and damages that you deserve.