The last thing anybody needs is to be hurt on the job. Serious injuries sometimes prevent people from returning to work, making it hard to pay for medical and living expenses.
An attorney can help you file a lawsuit to get compensation for your injuries and considerable expenses. Possible accidents vary based on the nature of your work. For example, construction site accidents might involve malfunctioning heavy machinery, while an accident in an office might include a slip and fall on the stairs. Often, employers are liable for unsafe work conditions, although this is not always the case. If you want to sue your employer, you might be limited by Workers’ compensation laws, and you should speak with a lawyer about your case. You can recover damages for your medical expenses, lost income, and pain and suffering if successful.
Although a work injury might slow you down, it does not have to disrupt your life completely. Our Hempstead work injury attorneys can help you get compensation for your injuries so you can recover in peace. Call The Carrion Law Firm for a free case evaluation at (718) 841-0083.
Possible Accidents in Hempstead Work Injury Lawsuits
How your accident happened largely depends on the nature of your job and where you work. Some jobs are more dangerous than others, and the risk of accidents and injuries is greater. That does not mean seemingly less risky work environments are immune from accidents. Our Hempstead work injury lawyers can help you figure out how your accident happened and who should be held liable.
Slip and falls are common in all workplaces. These accidents are often caused by a failure to clean up hazards and messes. For example, if someone spills their morning coffee on the stairs, but the custodial staff neglects to clean it up, someone might slip and fall. In such cases, your supervisor, manager, or employer might be liable for the accident as they are responsible for ensuring a safe work environment for employees.
Faulty equipment is another common cause of injuries at work. Most employees work alongside some sort of equipment. Even employees in office buildings work with fax machines, copiers, paper cutters, and other potentially dangerous equipment. If equipment malfunctions, employees might be injured.
In other cases, injuries happen because of a lack of safety equipment. You might have to work with certain safety equipment, depending on your job. For example, construction workers must wear hard hats whenever they are on the construction site. If workers did not have a hard hat because their employer failed to order enough, they might suffer a head injury.
Determining Who is Liable for Hempstead Work Injuries
After determining how your accident at work happened, we must figure out who is responsible. Often, employers are liable for creating unsafe work environments, but a third party, like a customer or vendor, might be liable instead. Our Hempstead work injury attorneys can help you determine who should be held liable for your injuries.
As mentioned before, employers are often to blame for work injuries because they are primarily responsible for making sure the work environment is safe and meets all safety codes and regulations. For example, if the area where you work – an office, construction site, retail space, or elsewhere – is unsafe because the plumbing and electrical systems have been neglected, your employer would be responsible if you were injured in an accident.
Unfortunately, suing employers is often difficult because of Workers’ Compensation laws in New York. Generally, you cannot sue your employer for a work injury unless your case meets specific criteria described below. You should meet with an attorney to determine if your case meets one of the legal exceptions.
Third parties may also be held liable if their actions lead to an accident. One significant example of third-party liability involves product liability. If you were injured because a particular tool or device you use to perform your job duties malfunctioned, was damaged, or lacked important safety features, you can sue the manufacturer for providing faulty equipment. Alternatively, if a customer or client caused the accident, they might be liable instead of an employer.
Possible Limitations on Work Injury Lawsuits in Hempstead
Even if we know who should be held liable for your lawsuit, some roadblocks might make a lawsuit difficult or downright impossible. Perhaps the biggest hurdle to overcome is the law regarding Workers’ Compensation claims. In New York, Workers’ Compensation is the legally required course of action if available. According to W.K.C. Law § 11, injured workers are barred from suing their employers, even if their employers are negligent.
Our Hempstead work injury attorneys can help you find ways around these restrictions. One possibility is that you are legally not considered an employee within the definition under Workers’ Compensation laws. Typically, only “employees” are required to abide by Workers’ Compensation rules, but people like independent contractors are not. Under New York law, independent contractors hired for construction jobs are often legally considered employees, but you should double-check this with an attorney. Your status as an employee often depends on the nature of the work you were hired to perform. Our team can help you determine if your work constitutes that of an employee of an independent contractor.
You can also file a lawsuit for work injuries if the responsible person is a third party and not your employer. The restrictions listed above do not apply to third parties, and you are free to sue them as you see fit.
Depending on your field, there might be specific exceptions that allow you to sue your employer. For example, in New York, certain provisions of the Scaffold Act allow injured construction workers to sue their employers and circumvent the Workers’ Compensation system.
Damages You Can Recover in Hempstead Work Injury Cases
Injured workers often have considerable damages that they cannot afford on their own. Our Hempstead work injury lawyers can help you calculate your damages, so you do not miss out on any valuable compensation.
Economic damages are related to actual money spent or lost because of your accident. Chief among these damages are your medical bills. While medical bills are infamously expensive, they can be especially crippling if you need ongoing or long-term care. Other economic damages include the value of your lost wages from missing work and the value of any destroyed personal property.
Noneconomic damages are less concrete and far more subjective. They are typically related to your personal experiences surrounding the accident. For example, your physical and mental pain and suffering are not necessarily connected to an exact monetary value but deserve financial compensation nonetheless. Other examples of noneconomic damages our Hempstead work injury lawyers can help you assess are humiliation and damage to your reputation.
Contact Our Hempstead Work Injury Lawyers About Your Case Today
After experiencing a work-related accident, you might be left with considerable expenses, painful injuries, and no income. Our Hempstead work injury lawyers can help you get justice and compensation. For a free case review, call The Carrion Law Firm at (718) 841-0083.