If you have suffered injuries in your workplace, you will likely be concerned with how you will cover your damages. Some workers might not be aware that they can recover compensation in a lawsuit depending on how their accident occurred.
Fortunately, our work injury attorneys can be helpful in determining if you have a valid claim to file a lawsuit. In Huntington and throughout Long Island, injured workers can sue their employer for negligence, but only under certain circumstances defined by law. If your injuries were caused by a third party or coworker, however, your ability to file a lawsuit is much less restricted. Considering the types of injuries that happen in the workplace, you could be entitled to significant compensation.
Contact The Carrion Law Firm at (718) 841-0083 to receive a free case review from our work injury lawyers today.
Filing a Lawsuit for Work Injuries Caused by an Employer in Huntington, Long Island
Negligence alone is not enough to sue your employer. To file a lawsuit against your employer, their negligence must have occurred under specifically defined circumstances. Fortunately, our work injury lawyers have years of experience helping injured workers hold their employers accountable. According to L.A.B. Law § 200, § 240(1), and § 241(6), these accidents include falling from a ladder or scaffold, falling due to an unsecured opening, being struck by falling debris, or if the employer violated codes or regulations.
If your employer did not commit one of these acts in your incident, holding them liable for your injuries could prove difficult. However, it is possible that another party is to blame for bringing about your injuries.
Filing a Lawsuit for Work Injuries Caused by a Third Party in Huntington, Long Island
Many workplace injuries are caused by the negligence of another worker or subcontractor. Luckily, you can sue a third party or coworker for their negligent acts. As a worker, it is important to exercise reasonable care while performing your job duties. Failure to do so may result in liability for any injuries caused. For instance, if a delivery driver causes an accident while making a delivery or a coworker neglects to properly secure machinery after use, they may be held responsible.
Manufacturers, designers, and sellers might also be held accountable for any work-related injuries caused by their products. If a product malfunctions due to design flaws, manufacturing defects, or improper marketing, it can result in severe harm.
When filing a lawsuit, you should also consider other parties that might be involved. This includes property owners, third-party contractors, property managers, property tenants, and retail business owners. These parties could also be responsible for the safety of your workplace and could potentially be named a party in your lawsuit, improving your chances of recovering compensation.
Common Types of Workplace Injuries in Huntington, Long Island
Injuries can happen in any workplace, not just in inherently dangerous ones. Some injuries may develop over time in less hazardous environments. Whether your injury is a major one or not, you deserve compensation. Here are some common workplace injuries that commonly occur in Huntington:
Traumatic Brain Injuries and Concussions
These injuries often result from falls, vehicle accidents, or being struck by objects. Symptoms typically include headaches, dizziness, memory loss, difficulty concentrating, and mood changes. Employers must ensure that proper safety measures are in place to minimize the risk of head injuries, such as providing helmets and enforcing safe driving practices.
Spinal Cord Injuries
Spinal cord injuries can be devastating and are often caused by falls from heights, lifting heavy objects, or vehicle accidents. Symptoms can range from pain and numbness to paralysis in your extremities. Employers should provide adequate fall protection equipment and training on safe lifting techniques to prevent these types of injuries.
Repetitive Motion and Stress Injuries
Prolonged sitting or standing, repetitive tasks, or poor ergonomics can lead to repetitive motion and stress injuries. These injuries can be hard to determine, but common symptoms include pain, swelling, stiffness, or numbness in affected areas.
Eye Injuries
Eye injuries can occur due to exposure to bright light, flying debris, or chemical splashes. You might experience redness, blurred vision, or even temporary or permanent vision loss. Employers must provide appropriate eye protection and safety training to minimize the risk of eye injuries in the workplace.
Scarring and Disfigurement
Burns, lacerations, or surgical procedures related to workplace injuries can lead to scarring and disfigurement. Permanent changes in the appearance or function of the affected area can have significant psychological and financial implications for the injured employee.
Internal Injuries
Blunt force trauma, crush injuries, or falls can lead to internal injuries. These injuries can lead to difficulty breathing, dizziness, fainting, and in some cases prove fatal. This is why receiving medical treatment immediately after being injured in a workplace accident is critical.
Toxic Exposure
Exposure to hazardous substances or chemicals in the workplace can result in respiratory issues, skin irritation, or neurological symptoms in the worst cases. Employers must provide adequate protective equipment, training, and ventilation to minimize exposure to harmful substances when used in the workplace.
Burn Injuries
Burn injuries can be caused in many ways but usually occur when an employee makes contact with hot surfaces, steam, chemicals, or electrical sources. These injuries can be extremely painful and usually include swelling or blistering of the burned area. In some cases, surgery and skin grafts might be necessary to repair the burned skin.
Amputations
Amputations can occur due to machinery accidents, crush injuries, or severe lacerations. Loss of limb function, phantom pain, and the psychological effects of losing a limb can significantly impact an employee’s life and future income. Employers and other third parties must ensure that machinery is properly guarded and maintained to prevent these injuries.
Time Limit to File a Lawsuit for Work Injuries in Huntington, Long Island
In Huntington, the deadline for filing a lawsuit for work-related injuries is determined by New York’s statute of limitations. As per C.V.P. Law § 214, individuals who have sustained injuries at work have three years from the date of the accident to file a lawsuit. It is important to note that this deadline is strictly enforced. Failure to file the lawsuit within this three-year period will result in the defense filing a motion to dismiss, which the court will grant, and you will be unable to seek further compensation.
It is recommended that you begin litigation for your work injury case as soon as possible, despite the three-year timeframe granted by the law. Delaying could result in critical evidence being lost or forgotten, such as surveillance footage commonly found in most workplaces. Additionally, mistakes in filing could mean restarting the filing process from the beginning, costing you valuable time. However, there is no time limit for completing your case once it has been filed, as the three-year deadline only applies to the initial filing of your work injury lawsuit.
Our Huntington Work Injury Lawyers Can Help
For a free case assessment with our work injury attorneys, call The Carrion Law Firm today at (718) 841-0083.