If you get hurt at work, you might not be aware that you can often file for compensation after your injury. Most workers are covered by Workers’ Compensation for work injuries, but many workers can also turn to the courts for potentially higher damages after a work injury.
Workers’ Compensation is the “sole remedy” for most workplace injuries, but lawsuits are allowed in many cases where the accident is caused by a third party, by workplace violence, or by some safety violation at work. This can potentially open up additional damages you can claim in your case. For help seeking compensation, talk to a lawyer about what damages you are entitled to.
For a free case review, call the Harlem work injury lawyers at The Carrion Law Firm today at (718) 841-0083.
Suing for Work Injuries in Harlem
If you were injured at work in New York, your ability to sue your employer for damages might be limited. Employees typically cannot sue their employers for workplace injuries unless the accident falls into certain exceptions. Moreover, most workers are considered “employees” for purposes of Workers’ Compensation laws, including independent contractors working in the same industry as their employers. However, our Harlem work injury lawyers can help you find loopholes to sue your employer or another responsible party.
Restrictions on Lawsuits
Because Workers’ Compensation is the “sole remedy” for injured workers, this prevents any covered employees from suing their employer for their injuries. However, this restriction only applies to lawsuits against employers, so you can typically sue any other third party for injuries they cause you while you are working.
These restrictions are typically extended to independent contractors, who are considered “employees” for Workers’ Compensation regardless of how the IRS or other agencies classify them. To truly be considered an “independent contractor” that is exempt from these Workers’ Compensation rules, you typically have to be providing services to your employer/client that are different than the services they usually perform. This means that something like a construction contractor working for a construction firm would typically be barred from a lawsuit against their client, but something like a caterer working for a tax firm for their office holiday party would not be barred from suing their client.
Exceptions that Allow Lawsuits
As mentioned, Workers’ Compensation only bars you from suing your employer for work injuries, so you can usually sue any third parties responsible for your injuries. For commercial truck drivers, for example, this could mean suing another driver who causes a crash while you are working. For other industries, this could mean suing the manufacturer of dangerous or defective safety gear, power tools, or other devices you use at work. This may even allow you to sue other contractors or workers.
You can also typically sue for workplace violence. Moreover, if your employer failed to carry Workers’ Compensation insurance, you can also typically sue to hold the accident against them since you have no insurance to file with.
Lastly, New York laws typically allow injured workers to sue their employer for injuries related to a safety violation. This is common with New York’s Scaffold Law, which often helps construction workers and other contractors sue for injuries. Talk to our Harlem work injury attorneys about whether these exceptions can help you file a lawsuit for your workplace injury case.
Damages for Work Injuries in Harlem
When you accept damages through Workers’ Compensation, you do not need to prove fault before getting the payments you need. However, these payments are often severely limited. When filing a lawsuit for your work injuries, you can often get additional damages.
Our Harlem work injury lawyers can examine your options and help you understand what route to recovery is best. Workers’ Compensation is typically limited in that it only covers medical expenses and a percentage of replacement wages while you cannot work. However, lawsuits are able to award damages for any harms you face because of an accident.
The biggest area of damages you open access to when filing a lawsuit for work injuries is pain and suffering. Along with other “non-economic damages” (i.e., damages paid on account of intangible mental and emotional harms instead of monetary harms), pain and suffering damages are barred in Workers’ Compensation claims. These damages can be one of the biggest areas of damages in your case, and you might not be able to get them paid at all unless you file a lawsuit for your injuries.
Additionally, damages for replacement wages are typically paid at only a percentage of your average weekly wages. Your rent, groceries, and other expenses at home are not reduced while you are incapacitated from your injury, so why should your wages be? Talk to our Harlem work injury lawyers about claiming full damages for lost wages and reduced earning capacity as part of a work injury lawsuit.
When to File Your Work Injury Lawsuit in Harlem
If you were injured at work, you should report it immediately to your employer. This will often get the process started for a Workers’ Compensation claim, and their insurance company might reach out to you regarding payments and settlements. It is important to get yourself a lawyer at this stage to prevent any settlements that are too low to cover your needs. If you need to file a lawsuit to get your injuries compensated fairly, contact our Harlem work injury lawyers right away. Waiting too long can mean that witnesses forget what happened or evidence is destroyed before your lawyer can collect it.
In any case, your lawsuit must be filed with the court within 3 years from the date of injury to avoid running afoul of New York’s statute of limitations for personal injury.
Call Our Harlem Work Injury Lawyers Today
If you faced a work injury, call the Harlem work injury lawyers at The Carrion Law Firm at (718) 841-0083. We offer free case evaluations.