Injuries at work can leave victims unable to work, causing them to miss out on wages. All the while, victims and their families have other expenses to attend to, increased by the cost of medical care to treat the injuries.
Although Workers’ Compensation is designed to get victims the compensation they need, it rarely covers all areas of damages. Instead, consider taking your case to our Long Island workplace injury lawyers for help getting damages for medical bills, lost wages, and pain and suffering.
For a free case review, call the Long Island workplace injury lawyers at The Carrion Law Firm today at (718) 841-0083.
Getting Compensation for Workplace Injuries on Long Island
Long Island workers often have to file through Workers’ Compensation to get damages for injuries sustained at work. This system uses insurance to offer medical coverage and reduced replacement wages for workers injured at work, without the need to prove who was at fault. At the same time, it limits your ability to sue your employer, potentially leading to situations where you cannot sue the person who was at fault. However, there are some exceptions that our Long Island workplace injury lawyers can use to help you sue at-fault parties for work injuries.
Third-Party Lawsuits
First, injured workers are permitted to sue anyone other than their employer for an injury at work. Many workplace injuries are caused by other parties, such as contractors, vendors, customers, or clients. One common party that can be held liable for work injuries is a negligent equipment manufacturer. If you use machinery, tools, or safety gear at work, and that equipment had design or manufacturing defects, nothing prevents you from suing the negligent equipment manufacturer for damages.
Regulation Violations
Second, injured workers are allowed to sue their employers under certain circumstances. NY law has certain regulations that employers need to follow. Any mistakes or failures to uphold certain rules can allow an employer to be sued, even if Workers’ Compensation rules would otherwise block an injured employee from suing them. One good example of these regulations is the NY Scaffold Law, which allows workers to sue after injuries involving falls from scaffolding.
Other Exceptions
If an employer failed to carry Workers’ Compensation insurance, you can typically sue them instead. Additionally, lawsuits can be filed against employers for intentional injuries.
Damages for Workplace Injuries on Long Island
If you were hurt at work, there is a wide range of damages you could be entitled to. The purpose of damages in an injury lawsuit is to set things right. This means paying back the victim for any expenses they paid on account of the accident – such as medical expenses, the cost of replacing damaged property, and any wages they lost because of the injury. Additionally, there are harms the victim suffered that cannot be reversed, but they can be compensated – such as pain and suffering, emotional distress, and more.
Workers’ Compensation does not compensate these damages in full. There is a trade-off with Workers’ Compensation in that you do not need to prove fault to get damages, but damages are limited to only medical expenses and a portion of your lost wages. If you can take your case to court instead, it is possible you could get payments for medical expenses, full lost wages, and any other damages you faced.
In order to get pain and suffering or payments for other non-economic damages like emotional distress or mental anguish, you will have to go outside the Workers’ Compensation system. This system does not pay non-economic damages, so you must use one of the exceptions listed above to file a lawsuit to get full compensation.
It is vital to have one of our Long Island workplace injury lawyers examine your case to help evaluate how much your case is worth. Most workplace injury victims are not lawyers and do not necessarily have the legal experience to know what their case could be worth and what areas of compensation they might be entitled to. With a full case evaluation and analysis of your evidence and financial records, our Long Island workplace injury lawyers can let you know what your case might be worth and fight to get those damages paid in court.
Common Workplace Injuries on Long Island
Victims of nearly any workplace injury or illness could be entitled to compensation for their injuries. Many people wonder whether their injuries are too common or too unimportant to get them damages. Sadly, many injured workers also hesitate to file a claim or ask for damages when injured because their employers actively try to shut down claims and get people back to work with mild or moderate injuries.
If you suspect that your injuries are severe enough to get compensation, call our Long Island workplace injury lawyers today. The following are all some of the most common injuries that could entitle you to compensation, but our lawyers handle cases involving other injuries and illnesses as well:
- Back injuries
- Repetitive stress injuries
- Severe burns
- Severe cuts
- Severe bruises
- Head injuries
- Amputation
- Lung conditions (e.g., asbestosis and silicosis)
- Cancer
Many of these conditions and injuries are caused by repeat exposure to harsh work conditions. Repetitive stress injuries and back injuries can come from years of work conditions, while cancer and other illnesses can come from years of exposure to hazardous chemicals or substances. Just because there is no single, acute accident does not stop you from seeking compensation for a workplace injury or illness.
Call Our Long Island Workplace Injury Lawyers Today
For a free review of your potential workplace injury case, call The Carrion Law Firm today. Our Long Island workplace injury lawyers can be reached at (718) 841-0083.