Staten Island Workplace Injury Lawyer
Workplace accidents can lead to devastating injuries for employees in Staten Island, entitling them to compensatory damages.
Workplace accidents must be reported as soon as they occur in Staten Island. Failure to inform your employer of an accident within 30 days might lead to issues with your case. Even if you can file a third-party lawsuit against a negligent party for the workplace accident, that does not guarantee you will recover compensation. Such third-party work injury cases must be carefully investigated using methods that are particular to each case. For example, third-party work injury cases involving negligent drivers might require different evidence than cases involving negligent product manufacturers. Regardless, you will have three years to file a work injury lawsuit in Staten Island. Filing a lawsuit when possible might allow victims to claim greater damages than simply filing a claim with their employer’s workplace liability insurance.
To have The Carrion Law Firm’s Staten Island workplace injury lawyers review your case for free, call (718) 841-0083 now.
Reporting Workplace Injuries in Staten Island
If you are hurt at work in Staten Island, properly reporting your injuries to your employer, medical professionals, and, in some cases, law enforcement, will be crucial to your future recovery.
Since the exclusive remedy for injured workers in Staten Island is to file a claim with their employer’s workplace liability insurance, it is fair to assume that will be your only option when seeking compensation after sustaining an occupational injury. That might be the case, depending on who is to blame for your injuries. So, it is important to heed the reporting guidelines for informing employers of workplace accidents. According to W.K.C. Law § 18, victims in Staten Island have 30 days to report an occupational injury or illness to their employers and must do so in writing. Do not delay taking this step.
In addition to reporting your injuries to your employer, you might also have to call the police and emergency medical services, depending on your injuries. Serious workplace accidents, especially in places like construction sites, might lead to severe injuries that warrant such attention from emergency personnel. While injured employees typically need to see treatment from authorized medical professionals, emergency medical care can often be sought from any source. Make sure, however, that you go to an authorized health care provider for any continuous care you require.
Navigating Third-Party Workplace Injury Lawsuits in Staten Island
Because injured workers are typically barred from suing their employers for injury in Staten Island, the next best thing is suing a negligent third party. Our workplace injury lawyers will review the details of your case to confirm whether or not another party is liable for your injuries.
Investigating the Case
This begins with an investigation. Various parties, including negligent third parties, might cause workplace accidents. Drivers might crash into construction sites, injuring workers. Negligent office building owners might fail to maintain common areas, causing accidents that harm workers. Manufacturers might produce defective products that hurt individuals while they are working. Determining if a third party is involved in your accident can allow you to start on the path to a greater recovery in Staten Island.
Filing the Lawsuit
Filing third-party workplace injury lawsuits sooner rather than later is always best. In Staten Island, victims of occupational accidents have three years to pursue compensation against negligent third parties. According to W.K.C. Law § 28, victims will have just two years to pursue compensation in claims involving an employer’s workplace liability insurance. This is a difference of an entire year. Being aware of the filing deadlines and how they vary depending on the basis of your claim will be important. If you miss the deadline, you cannot sue a negligent third party.
Once you have brought your work injury claim in Staten Island, the burden will be on you, not the defendant, to prove fault. To do this, you will need evidence of negligence. Looking into a negligent product manufacturer’s manufacturing and distribution practices can result in evidence that proves they knew that a product was defective and distributed it anyway. Other evidence, like statements from eyewitnesses or experts, can also prove fault for workplace accidents in Staten Island. We might have to subpoena security camera footage from your employer or other information to strengthen your claim. The sooner you contact our lawyers after sustaining an occupational injury, the better, as that will give us ample time to investigate your case and gather evidence that proves a third party’s fault for your injuries.
The final step in your workplace injury case will be recovering compensation. Typically, cases against third parties allow victims to claim greater compensation than if they were only to pursue a Workers’ Compensation case. In workplace accident lawsuits, victims have the opportunity to recover compensation for financial and emotional losses. Because New York does not limit recovery in lawsuits against negligent third parties for workplace accident victims, victims stand to recover considerable compensation by taking this route. To recover compensation for your specific damages, you will have to submit proof of your losses. This can come in the form of medical bills, records of lost wages, and proof of any additional out-of-pocket expenses.
To prove your need for pain and suffering damages, our lawyers may advise you to seek counsel from a therapist or confide in close friends and family. These individuals can then provide statements that further explain your emotional and mental suffering due to a workplace accident in Staten Island. Personal testimony from victims can also be very helpful to their recovery of non-economic damages. Depending on the level of negligence exhibited by the defendant, you might be awarded punitive damages as well.
Call Our Staten Island Lawyers to Discuss Your Work Injury Case
You can call our workplace injury lawyers at (718) 841-0083 to have The Carrion Law Firm analyze your case for free.