We go to work every day to earn a living so we can provide for ourselves and our families. Workplace injuries can leave employees with serious injuries, and those responsible should be held accountable.
Work injuries may happen in a wide variety of workplaces and jobs. While we often associate work injuries with factory jobs or construction, they can also happen in offices and shops. Employers are often responsible for workplace injuries, although holding them accountable can be tricky. New York often makes Workers’ Compensation the sole remedy for injured employees. Still, there might be ways to get around these restrictions and file a personal injury lawsuit against your employer. Proving your claims will require evidence and persuasive arguments. The stronger our evidence, the more likely you can recover damages.
If you were injured at work, your higher-ups might be pressuring you to file a Workers’ Compensation claim or just to let things go. Our Rochester work injury lawyers can help you explore all your legal options. For a free case review, call The Carrion Law Firm at (718) 841-0083.
Possible Causes of Work Injuries in Rochester
Work injuries might come from numerous possible sources. How and where your injuries happened depends on the nature of your job. While some jobs are more inherently dangerous than others, almost all workplaces come with some risk of injury. Our Rochester work injury attorneys can help you determine how your accident happened and who should be held responsible.
Many workers are injured in falls. Whether falling from atop a high ladder or slipping on some rickety stairs in the office, an employee might be gravely injured in a fall or slip-and-fall incident. Injuries like broken bones, sprains, dislocations, and more are possible in a fall. Often, falls happen because of unsafe working conditions. For example, perhaps there was no railing on the stairs, or the ladder was uneven and should have been replaced or repaired.
Equipment failures or malfunctions are another significant cause of workplace injuries. Equipment and tools may be found in all kinds of workplaces. Even basic office equipment like copiers, shredders and paper cutters can lead to serious injuries if they are not properly maintained. While employers might be responsible for their failure to keep the equipment safe, you might instead sue the equipment manufacturers if the equipment arrived damaged or malfunctioned due to a design flaw or manufacturing defect.
Sometimes, workplace injuries present as illnesses rather than physical injuries. For example, if your office has a mold problem because your employer failed to have the office properly cleaned, the mold could cause you and other employees to become sick. Similarly, outdated materials like asbestos might make workers very ill if employers do not have them safely removed.
Liability for Work Injuries in Rochester
Liability for work injuries can be a tricky issue to deal with. In New York, the law often makes Workers’ Compensation the only remedy for injured employees. All employers are required by law to carry Workers’ Compensation insurance, and injured workers often must file a claim through that system; lawsuits against employers are categorically barred. Our Rochester work injury attorneys can help you determine if there is an exception to these restrictions in your case that would allow you to sue your employer.
Lack of Insurance
Generally, injured workers cannot sue their employers if they are eligible to file a Workers’ Compensation claim. While Workers’ Compensation claims can be helpful, they also tend to provide for more limited damages that would be available in a personal injury lawsuit. One way to get around this restriction is if your employer does not carry Workers’ Compensation insurance. Without the necessary insurance, there is no way you can file a claim, and your employer is not protected from liability in a personal injury lawsuit.
Employer Misconduct and Employee Status
You might also be able to sue your employer if they intentionally caused the accident that led to your injuries or if you are legally not considered an employee. First, employers’ intentional and purposeful acts that cause employees’ injuries are not protected, and you can sue if you believe your employer meant to cause you harm. Second, not all workers are considered employees under the law. For example, many independent contractors are not technically employees, but qualifying under this exception is rare because of the way NY law defines contractors.
Third Parties
Finally, you are not faced with any of the above legal restrictions if you want to sue a third party for your injuries. Common third parties in work injury cases include manufacturers of faulty or damaged work tools and equipment, customers or clients, and trespassers. If any of these parties, or other third parties who are not employers or coworkers, caused your injuries, our team can help you sue for compensation.
How to Prove Your Work Injury Claims in Rochester
To prove your claims and get financial compensation for your injuries, we need as much evidence as we can gather. Lawsuits turn on evidence. Without it, the court might reject your case before we ever set foot inside a courtroom. We also need to prepare persuasive arguments to accompany the evidence, as jurors are free to decide what is or is not good or believable evidence. Our Rochester work injury attorneys can assist you in collecting the evidence you need.
In any injury case, medical records are important. They show a court and jury the extent of your injuries and how they happened. We can even have your doctor, or another medical expert, testify about your records and explain, in their expert opinion, whether they believe the defendant is responsible.
Many workplaces are monitored by security cameras. Security camera footage often catches accidents on film, and we can present these recordings in court to show a jury exactly how the injury happened. Video evidence of the accident can be very strong, and we must try to find any existing footage.
Perhaps your workplace was full of coworkers when you were injured. Your coworkers, clients, customers, or anyone else who might have been around can testify about what they saw. The more people who can back up your version of events, the better for your case. Coworkers might also be able to testify about any history of accidents.
Call Our Rochester Work Injury Lawyers for Help Now
If you were hurt at work and need help paying for your recovery, our Rochester work injury lawyers can help you. Contact our team to schedule a free case review. Call The Carrion Law Firm at (718) 841-0083 to get help.