Staten Island Workplace Accident Lawyer
If you’ve been injured in a workplace accident in Staten Island, NY, navigating the complexities of workers’ compensation law can be challenging. This is where legal counsel from a skilled accident attorney can be invaluable. With extensive experience dealing with these types of cases, we can guide you through each step needed to claim the benefits you’re entitled to.
If you need help after getting hurt on the job, contact Rosenbaum & Rosenbaum, P.C. to schedule a free consultation with a Staten Island workplace accident lawyer.
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How Rosenbaum & Rosenbaum, P.C. Can Help After a Workplace Accident in Staten Island
Dealing with the aftermath of a workplace accident in Staten Island, New York, can be an overwhelming experience. This often involves navigating complex legal matters while trying to recover from physical injuries and emotional distress.
Retaining proficient legal counsel can make a significant difference in ensuring your rights are protected. At Rosenbaum & Rosenbaum, our attorneys have over 40 years of combined experience. To date, we’ve helped our clients recover tens of millions of dollars in compensation.
Here’s how our experienced Staten Island personal injury lawyers can help you:
Evaluate Your Case
We can assess your situation, inform you about potential compensation, and advise you on the best legal course of action.
We will help secure workers’ compensation benefits by filing accurate claims to cover your medical expenses, wage loss, and other losses.
Help With a Personal Injury Lawsuit
If a third party’s negligence contributed to the accident – like a defective equipment manufacturer – we can help fight for additional compensation beyond workers’ comp benefits.
If you’re a construction worker, you might also have a valid claim under New York labor laws – including against your employer in some cases.
Represent You in Disputes and Appeals
If your workers’ comp claim gets denied or a dispute arises, we will fight on your behalf, presenting solid arguments during mediation, negotiations, trials, or even appeals.
Ultimately, hiring a lawyer after a workplace accident in Staten Island provides victims with an invaluable advantage throughout the recovery process while safeguarding their rights effectively.
Contact our law office serving Staten Island today to set up your free, no-obligation consultation.
How Common Are Workplace Accidents in Staten Island, New York?
Understanding workplace fatalities requires a thorough examination of the available statistical data. Here are some workplace statistics for New York City:
New York City Injuries and Fatalities in 2022
- 554 construction injuries occurred.
- From these injuries, there were 11 fatalities.
New York City Injuries and Fatalities in 2021
- There were a total of 70 fatal work injuries recorded.
- Exposure to harmful substances or environments resulted in 21 fatal work injuries.
- Incidents involving falls, slips, and trips accounted for 20 fatalities.
- Construction and extraction occupations led with record-high fatality figures compared to other job categories.
These facts underscore an urgent need for continued emphasis on adhering to strict safety protocols in the workplace.
What Is My Staten Island Workplace Accident Case Worth?
Determining the value of a workplace accident case will depend on several factors related to your injury and financial consequences. This process may seem complicated, but understanding these considerations can provide helpful insight. The most common factors that affect the value of your claim include the following:
Type of Injury
One central aspect is the type of injury you’ve sustained. If your injuries qualify for total disability, understandably, your claim’s value would generally be higher compared to an injury classified as partial disability.
Another key element relates to what you typically earn on a weekly basis prior to your injury – this figure is referred to as the average weekly wage (AWW). Workers’ comp benefits aim to replace a percentage of your lost AWW resulting from occupational illnesses or injuries.
Temporary or Permanent Injury
Additionally, the nature of your disability – whether it’s temporary or permanent – also significantly affects your claim’s value. If you’re suffering from a temporary disability, you could receive payments until you recover completely.
However, if it turns out that your workplace injury resulted in a permanent impairment, often, this will come with more substantial compensation to account for potential long-term financial loss.
What Workers’ Compensation Benefits Can I Get After an Accident in Staten Island?
As a victim of a workplace accident, it’s important to understand the types of damages that could be available to you through workers’ compensation benefits. The following are some of the most common:
Your medical expenses are typically at the forefront of a workers’ comp claim. This includes everything from initial hospital bills, surgical treatment costs (if required), and even dental expenses.
It also covers medications prescribed both short-term for immediate pain reduction or infection prevention and long-term use if chronic conditions have developed due to your injuries.
Also included are assistive devices such as wheelchairs or crutches that might be necessary during your recovery.
Lost wages represent another important component of damages that you may recover. This is the money that you have been unable to earn due to the limitations brought on by your injury or illness. It’s largely dependent upon what your earning capacity used to be prior to getting injured.
Disability payments are also included in workers’ compensation benefits. Should your injuries result in a permanent disability that impedes you from returning to work, you are typically entitled to such benefits under workers’ compensation laws.
Permanent disabilities can be total or partial; total permanent disability means that you are completely unable to work due to your injury. A partial permanent disability means that you are not totally incapacitated for employment purposes, but there’s still some residual effect from the occupational illness or injury limiting your scope of work.
This list should give you a good idea of what you may be entitled to. However, it isn’t exhaustive, so always reach out to a workers’ comp or personal injury lawyer to determine what benefits you may be able to obtain after a workplace injury.
Personal Injury Lawsuits
The benefits you can receive through a workers’ comp claim are limited. However, if you are eligible to file a personal injury lawsuit, you can recover both economic and non-economic damages. Punitive damages may even be available as well.
Can I Recover Compensation if I’m Being Blamed For a Workplace Accident in New York?
In New York, you can often recover compensation even if you’re being blamed for a workplace accident. This is because workers’ compensation operates under a no-fault insurance system.
What this means is that benefits are typically awarded to an injured employee without needing to establish the negligence or liability of the employer.
Circumstances That Bar You From Workers’ Compensation Benefits
However, there are significant exceptions in this “no-fault” rule that apply when your conduct breaches specific guidelines. Two common exceptions include the following:
Injured Under The Influence
Should it be demonstrated that at the time of your injury, you were under the influence of alcohol or illegal substances, your claim will be denied.
Intentional Self-Inflicted Injury
Similarly, if it’s determined that you caused the injury intentionally to yourself, whether for personal or financial reasons, the policy won’t allow compensation benefits.
Regarding Any Personal Injury Claims
In cases where you can file a personal injury lawsuit, your level of responsibility for the accident may feature more prominently. New York adheres to a “pure comparative negligence” standard in evaluating fault.
This means that your compensation can be reduced according to your assigned percentage of fault. For instance, sharing 15% of the blame for your accident means your damages can be reduced by 15%.
We’ll Fight To Recover Compensation for All of Your Workplace Accident Injuries
Workplace injuries can be as diverse as the range of industries themselves. However, several types are often experienced by workers across different fields, including the following:
- Strains and Sprains
- Nerve Damage
- Soft Tissue Injuries
- Crush Injuries
- Burn Injuries
- Brain Injuries
- Back and Spinal Cord Injuries
- Bone Breaks and Fractures
If you experience any type of injury at work, it’s essential to speak with an experienced workers’ compensation attorney to ensure you get the benefits you’re entitled to.
What Causes Workplace Accidents in Staten Island, New York?
There are various causes of workplace accidents that occur in New York. Some of the most common include the following:
This is often seen in physically-intensive jobs requiring heavy lifting or manual labor, such as construction and factory work.
Slips, Trips, and Falls
Slips, trips, and falls can occur in virtually any setting – from office spaces where cords are not properly stowed away to busy construction sites with materials scattered about.
This cause of injuries is particularly relevant for those working in warehouses or on building sites, but they can also be experienced by retail workers stocking shelves.
Repetitive Motion Injuries
This is commonly associated with desk-bound roles requiring consistent movements, like typing.
These are particularly prevalent in manufacturing, where the use of heavy machinery is a daily routine.
How Do I Prove Negligence After a Workplace Accident in Staten Island, New York?
In a no-fault system, employees are generally entitled to compensation if they are injured in a workplace accident, regardless of who is at fault. This system is designed to protect both employees and employers by offering a streamlined process for handling workplace accidents and providing benefits to injured workers.
However, situations may arise where a claim against a third party (or possibly your employer, depending on the case) is necessary. In these instances, you will need to prove negligence. To successfully file a claim of negligence against a third party, you must demonstrate the following four elements.
Duty of Care
First, you must establish that the negligent party owed you a duty of care. This simply means that the person or company in question had a responsibility to behave in a reasonable and cautious manner to avoid causing harm to you.
Breach of Duty
Once you have established that a duty of care existed, you must then prove that this duty was breached. In other words, the party in question failed to exercise the appropriate level of care and caution they were obligated to provide.
Following the establishment of a breach of duty, the next critical step is to demonstrate causation. This means showing that the negligent party’s actions (or lack thereof) directly caused the accident that led to your injury.
Finally, you must provide evidence of damages caused by the accident. Damages can include both physical injuries and the financial impacts resulting from the accident, such as medical expenses, lost wages, and property damage.
If you find yourself in a situation where proving negligence is necessary, it’s crucial to gather the right evidence and consult with an experienced attorney.
How Long Do I Have To File a Lawsuit After a Workplace Accident in New York?
In New York, understanding the statute of limitations for filing a workers’ compensation claim requires you to understand a few key elements.
First, you must report your injury to your employer within 30 days from when the accident occurred, according to state law. If you don’t do this, you are likely forfeiting your right to benefits.
The overall deadline to then file a claim with the Workers’ Compensation Board is typically within two years from the date of your injury or disability. Regarding any potential personal injury claims, the time limit is typically three years.
However, if your work-related illness develops gradually over time (as in many occupational diseases), this period commences from when you knew – or reasonably should have known – that the disease was directly linked to your employment.
To protect your legal rights, it’s best to get in touch with a personal injury lawyer as soon as possible. Your attorney can help you confirm the appropriate deadlines for your case.
Contact Our Staten Island Workplace Accident Lawyers for a Free Consultation
If you’ve been injured in a workplace accident in Staten Island, NY, legal help is critical. With our expert knowledge of New York workers’ compensation law, we diligently work towards ensuring you receive fair compensation. It’s not just about securing justice for what’s already happened; it’s also about safeguarding your future well-being.
You don’t have to face this difficult time alone. Contact Rosenbaum & Rosenbaum, P.C., to schedule a free consultation with a Staten Island workplace accident lawyer.