Queens is home to thousands of different industries, making injuries unfortunate but common in the workplace. Workplace accidents are some of the most severe a person can suffer but recovering compensation can be challenging.
A dedicated Queens workplace injury lawyer can help ensure that you are treated fairly in the compensation process. Many workers injured in Queens will need significant help covering what could be severe damages from their accident. While Workers’ Compensatioån might provide some relief, a lawsuit will often be your best option to recover additional damages that Workers’ Compensation benefits will not cover.
If you were injured in the workplace because of another person’s negligence, our Queens workplace injury lawyers can offer you the legal support you need to protect your rights. Call The Carrion Law Firm today at (718) 841-0083 for your free case review.
Common Types of Workplace Injuries in Queens, NY
Workplaces do not have to be considered dangerous for injuries to occur there. While some workplaces are inherently dangerous and cause serious injuries, others are more benign, with injuries developing over time. Regardless of whether your injury is significant or minor, you deserve to be compensated. The following are common workplace injuries that a person could suffer in Queens:
- Traumatic brain injuries
- Concussions
- Spinal cord injuries
- Repetitive motion and stress injuries
- Eye injuries
- Lacerations
- Soft tissue injuries
- Scarring and disfigurement
- Internal injuries
- Toxic exposure
- Burn injuries
- Amputations
- Cancer
Many of these injuries require extensive medical treatment, surgeries, and long-term care. Some workplace injuries are severe enough to even result in death. Our Queens workplace injury lawyers can help you recover compensation for your injuries or for your loved one’s death.
Workers’ Compensation Rules and Your Queens, NY, Workplace Injury Case
New York requires most employers to carry Workers’ Compensation insurance in the event an employee is injured on the job. Workers’ Compensation benefits will usually provide an injured employee with coverage for medical costs and their lost wages, albeit at a reduced rate, without the injured worker having to prove fault for the accident.
However, Workers’ Compensation rules limit an injured worker’s ability to sue their employer for additional compensation not covered by insurance. Workers’ Compensation does not provide compensation for non-economic damages, like pain and suffering. However, those damages can be claimed in a lawsuit if your case falls into one of the situations permitted by New York law. Our Queens workplace injury lawyers can help you determine if filing a lawsuit is the best option to recover the compensation you are entitled to.
Filing a Lawsuit After Being Injured in a Workplace Accident in Queens, NY
Filing a lawsuit after being injured in the workplace will be the only way to recover non-economic damages. This includes physical pain, emotional distress, loss of enjoyment in life, and other subjective damages you have experienced because of your injuries that the court deems to award. Fortunately, there are a few situations in which Workers’ Compensation will not prevent you from filing suit.
Lawsuits Against an Employer
New York law lays out several specific situations where an employer could be held liable for your injuries. According to L.A.B. Law § 200, § 240(1), and § 241(6), a lawsuit can be filed if an employer caused a workplace injury in one of the following ways:
- Falls from ladders, scaffolds, or other heights
- Falls because of unsecured openings
- Injuries from falling debris
- Code or regulation violation by an employer
Because the law requires employers to offer Workers’ Compensation insurance, they could could be sued if they failed to provide coverage when they had a duty to.
Lawsuits Against Third Parties
Worker’s Compensation places no restrictions on a worker’s right to sue a third party, thankfully. Many workplace injuries result from another party’s negligence besides the employer. Queens is home to many types of residential and commercial properties that individuals work in daily. Thus, many different parties could potentially be responsible for your workplace injuries depending on the property you were working on:
- Property owners
- Third-party contractors
- Property managers
- Property tenants
- Retail business owners
Defective products are one of the main causes of workplace injuries. If a designer or manufacturer fails to catch a product defect and correct it, they can be held liable for the injuries that result. A seller of a defective product that knew of the defect or should have known could also be named in a lawsuit with the manufacturer and the designer.
There could, of course, be other parties besides these that could be responsible for your injuries. Our Queens workplace injury lawyers can help you develop the right legal strategy for your potential lawsuit.
Determining Fault in a Queens, NY, Workplace Injury Lawsuit
Workplace accidents can be chaotic events, and it could be the case that you contributed to your injuries somehow. Many injured workers worry that they will lose out on all compensation if they share the blame for their current state. Fortunately, New York law does not bar an injured worker from recovering damages even if they contributed to causing the accident that they were injured in.
New York follows what is known as a pure comparative negligence rule. According to C.V.P. Law § 1411, an injured worker’s award for damages will be reduced proportionally to the percentage of fault the worker was found to have contributed to causing the accident. For example, if you were awarded $100,000 for your injuries but found 50% at fault for the accident, you would still receive $50,000. Even if the court found you 99% at fault for the accident, you would still recover 1% of the total damages awarded. Our Queens workplace injury lawyers can review your case to determine if any actions on your part might impact your prospective compensation.
Our Queens, NY, Workplace Injury Lawyers Can Help
If you have suffered a workplace injury, our Queens workplace injury lawyers can fight for you to hold the responsible parties accountable. For your free case evaluation, contact The Carrion Law Firm at (718) 841-0083.