Workplace injuries can be some of the most devastating that a person can experience. Many workplace injuries require significant treatment and recovering compensation after a serious injury can be difficult.
An experienced Brooklyn workplace injury lawyer can help you navigate the complexities of the recovery process. In many cases, Workers’ Compensation benefits might be the only ones a worker receives for their injuries and typically only covers the economic costs associated with them. However, there are several situations where a lawsuit will be your best option to recover damages that Workers’ Compensation will not provide. If the conduct that injured you was egregious enough, you might be able to claim special damages meant to punish a defendant.
If you were injured in an accident at work, our Brooklyn workplace injury lawyers can help you recover the compensation you deserve. For a free case review, contact The Carrion Law Firm at (718) 841-0083.
Common Causes of Workplace Injuries in Brooklyn, NY
Workplace injuries can occur in numerous ways. The type of injuries that happen at work depends on the nature of the job. Some jobs are relatively safe, while others are inherently dangerous. Still, every workplace presents some risk of injury. The following are some common causes of workplace injuries in Brooklyn:
- Accidents involving company-owned or operated vehicles
- A coworker or subcontractor failed to make their work area safe before leaving
- Collapsing scaffolding
- Failing debris
- Slip and fall accidents
- Fall accidents
- Electrocutions
- Fire
- Crane, forklift, and other heavy machinery accidents
This is just a short list of how a workplace accident can occur. Our Brooklyn workplace injury lawyers can help you regardless of how your workplace injuries came about.
Suing for Workplace Injuries in Brooklyn, NY
There are only a few situations in which you will be able to file a lawsuit for the injuries you sustained at work. In New York, workers will typically be compensated for workplace injuries through Workers’ Compensation. And because most employers are required to provide Workers’ Compensation insurance to their injured employees, you will usually be prevented from filing a lawsuit to recover additional damages. However, certain circumstances allow you to file a lawsuit to recover damages not covered by your Workers’ Compensation benefits. Our Brooklyn workplace injury lawyers can help you determine if a lawsuit is appropriate in your case.
When You Can Sue Your Employer
You will most likely receive benefits for your injuries from your employer’s Workers’ Compensation insurance. Under L.A.B. Law § 200, § 240(1), and § 241(6), an injured worker can file a lawsuit against their employer in certain situations. An injured worker could sue their employer if they contributed to causing one of the following accidents:
- Falling from a ladder, scaffold, or other height caused the accident
- Fall because of unsecured opening
- Struck by falling debris
- An employer violated codes or regulations
An employer could also be held liable if they failed to provide Workers’ Compensation insurance when they were required to do so.
When You Can Sue a Third Party
The negligence of a third party causes many workplace accidents. Fortunately, New York’s Workers’ Compensation law puts no restrictions on a victim’s right to sue a third party for the injuries their negligence caused. For instance, if a delivery driver slipped and fell on the property where they were making a delivery, the property owner could be held liable.
Workers might be injured by a defective tool or product in other cases. The manufacturers and designers could be held responsible for the injuries their defective products caused. Our Brooklyn workplace injury lawyers can help you if your injuries were caused by the negligence of your employer or another person.
Damages Available for Workplace Injuries in Brooklyn, NY
As previously mentioned, Workers’ Compensation only provides workers injured on the job with certain damages. Workers’ Compensation is designed to provide benefits to cover an injured worker’s economic damages. This includes medical expenses for treatment and lost wages from missed time at work. However, workplace injuries can be serious, and Workers’ Compensation insurance might not provide enough to cover all your economic expenses. Filing a lawsuit will likely be the best option to recover damages you will not receive from Workers’ Compensation.
Filing a lawsuit is usually the only way to recover the non-economic damages associated with your workplace injuries. Non-economic damages are typically referred to as pain and suffering. They include emotional distress, mental anguish, and the physical pain and suffering you have endured due to your injuries.
Depending on the facts of the case, punitive damages could be awarded in your lawsuit. Punitive damages are meant to punish a defendant rather than compensate a plaintiff and deter similar future conduct. If an employer knowingly violated a serious safety regulation or a subcontractor committed a gross act of negligence, punitive damages might be appropriate to penalize the negligent party.
New York also has no cap or limits on the damages awarded in a successful workplace injury lawsuit. This allows the court to award you as much as it believes your injuries deserve. This is certainly a benefit to those workers who suffered serious injuries in the accident. Our Brooklyn workplace injury lawyers are more than happy to discuss your case to see what damages might be available to cover your injuries.
Statute of Limitations the File Your Workplace Injury Lawsuit in Brooklyn, NY
Workplace injury victims should be aware of the time limit they will have to file a lawsuit in Brooklyn. According to C.V.P. Law § 214, you will have three years from the date of the accident to file your lawsuit. There are very few exceptions to the rule. In most cases, if you do not file your lawsuit in time, the court will dismiss your case. Our Brooklyn workplace injury lawyers can help you ensure that your lawsuit is filed in a timely manner.
Our Brooklyn, NY, Workplace Injury Lawyers Can Help
If you suffered a workplace injury, our Brooklyn workplace injury lawyers can help by providing you with a free assessment of your case. Call The Carrion Law Firm today at (718) 841-0083.