Smithtown, NY Work Injury Lawyer
Depending on who is to blame for the injuries you sustained in a workplace accident in Smithtown, you may be able to file a lawsuit and recover compensatory damages.
When victims are permitted to sue for a workplace injury in Smithtown, it is often against a negligent manufacturer. Victims can file these lawsuits when a defective product causes their workplace injuries. Cases might also be brought against negligent drivers that strike workers on the job in Smithtown. Victims can also file claims against negligent landlords that fail to maintain common areas in their office buildings. Although rare, employer lawsuits are possible when they do not have the proper workplace liability insurance. Proper calculation of financial and emotional losses is important so that victims can recover sufficient compensation for their work injuries.
For a free assessment of your case, call the Smithtown, NY work injury lawyers at The Carrion Law Firm today at (631) 910-7493.
Work Injury Lawsuits and Negligent Manufacturers in Smithtown, NY
In most instances, injured workers can only file a lawsuit provided the person or entity responsible for their injuries is not their employer. Because of this, many work injury lawsuits are actually against negligent manufacturers in Smithtown.
When an on-the-job accident happens in Smithtown, our work injury lawyers will immediately investigate the incident to confirm who exactly is at fault. If another party’s negligence led to your injuries, you will most likely be able to file a claim.
Most often, third-party work injury lawsuits are filed against negligent manufacturers. For example, suppose you were hurt because your office chair broke, causing you to fall. Or, suppose a printer malfunctioned and caught on fire, causing you to sustain burn injuries. In either case, the company that manufactured those defective products could be held responsible for your financial and emotional damages in Smithtown.
Workplace Accidents Caused by Negligent Landlords in Smithtown, NY
Employees injured at work can also typically sue for compensation if the party that is to blame for their injuries is the owner of their office building, depending on the circumstances of the accident.
Companies often rent out office spaces in commercial buildings. This means companies might be tenants, so to speak, responsible for maintaining only their specific units. Because of that, common areas, like stairwells and entryways, may be the building owner’s responsibility to maintain. Thus, if you were hurt because of a loose handrail or ice on the front steps of your office building, you might have reason to sue the owner of the building for compensation. This is provided that your employer does not own the building your workplace is located in.
Work Injury Claims and Auto Accidents in Smithtown, NY
Many professions require employees to work outside, near or on roads that see considerable traffic. This is why many workplace accidents are due to motor vehicle incidents.
Construction workers, landscapers, and other trade workers are all at risk of being hit by a car while working in Smithtown. Should this happen to you, you will likely be unable to sue your employer for the injury, as their negligence did not contribute to your damages. Whether or not you can sue the driver responsible for your injuries largely depends on the type of personal injury protection insurance you have.
New York is a no-fault state for auto accidents, including those that cause injury to people that are on the job. If you are hit by a car while working in Smithtown, you can only sue if your injuries pass the serious injury threshold. If they do not, your recovery will likely be from your personal injury protection insurance, health insurance, or the negligent party’s liability insurance.
Suing Your Employer for Work Injury in Smithtown, NY
In the vast majority of cases, employees cannot sue their employers for compensation following a workplace accident, even if their employer’s negligence caused their injuries in Smithtown.
Almost all employers in New York are mandated to have workplace liability insurance, which protects them from litigation in the event of an on-the-job accident. However, if your employer fails to have the necessary insurance and their negligence causes your injuries, you can file a lawsuit against your employer for compensatory damages. Again, the chances of this happening are relatively low, which is why our attorneys will search for indications that another negligent party might have contributed to your injuries, enabling you to file a third-party work injury compensation claim in Smithtown.
Calculating Loss Wages in Your Smithtown, NY Work Injury Claim
In many instances, when victims are injured at work, they are unable to return to their prior duties for some time. Because of this, victims are often entitled to recovery for lost wages in Smithtown.
Suing is typically better than filing an insurance claim with your employer’s carrier as it provides the opportunity for recovery of all lost wages, not just a percentage of them. Our lawyers will calculate your lost wages by considering the hours of work you have missed because of your injuries. Even if you are a salaried worker, you might be entitled to compensation for lost wages depending on the amount of paid time off your company allows.
In addition to compensation for lost wages, victims of workplace accidents may be able to recover additional damages. For example, recovery for other financial losses, such as medical expenses, is relatively standard, especially in cases involving injury. Recovery for pain and suffering is also often available, even more so when victims have sustained life-altering injuries in a workplace accident. If you file a third-party claim against a negligent manufacturer, you could possibly claim punitive damages, which are only available in cases of gross negligence in Smithtown.
Contact Our Smithtown, NY Lawyers About Your Work Injury Case
To have your case assessed by our work injury lawyers, call The Carrion Law Firm at (631) 910-7493.