Whether or not you can sue after a workplace accident, what damages you can recover, and how to effectively get compensation are just some of the questions you may have after getting hurt at work. We can answer all of these questions and more, helping you file a successful compensation claim that covers your damages.
While there are several exceptions, the general rule is that employees cannot sue their employers for injury if their employers also have Workers’ Compensation. If that blocks you from suing your boss, you may still be able to sue a third party, like the manufacturer of a defective tool or piece of equipment. Let us start building your case right after an accident and maximize your recovery.
To get a free and confidential case discussion, call our workplace accident and injury lawyers of The Carrion Law Firm at (718) 841-0083.
When Can I Sue My Employer for a Workplace Accident in the Bronx?
Generally, Workers’ Compensation is the exclusive remedy for employees hurt in workplace accidents. There are several exceptions to this, and our attorneys can see if any apply to your case, letting you sue your employer for compensatory damages.
No Workers’ Compensation Coverage
New York requires Workers’ Compensation for employers who have even one worker. Your coverage should begin on your first day of employment, and cover you in case an accident happens, no matter how soon into your employment. If you do not have that safety net because your employer does not have insurance, New York lets you file a lawsuit against your employer to get compensation.
We can check your employer’s Workers’ Compensation coverage and, if they do not comply, can help you bring a claim against them.
Intentional Conduct
Employers who intentionally injure workers are vulnerable to lawsuits in New York. This is another exception to the exclusive remedy rule for Workers’ Compensation. Rather than only getting lost wages and medical damages, you could recover those damages and non-economic damages from a lawsuit.
Scaffolding Collapses
Employers in the construction industry who violate scaffolding safety regulations under L.A.B. Law § 240 can also be sued by injured workers. Employers have a duty to ensure scaffolding structures are safe, as scaffolding collapses run a huge risk of life-threatening injuries.
What Evidence Do I Need for My Work Injury Lawsuit?
We can help get the evidence you need to get compensation from a work injury claim, like witness statements, medical records, and surveillance footage.
Witness Statements
Tell us which of your peers witnessed your workplace accident in the Bronx. Their statements may corroborate yours, proving how, when, and why you were injured. Witness statements can dispel assertions that you intentionally injured yourself, a common reason why Workers’ Compensation carriers deny claims.
Witnesses may testify during work injury lawsuits. You are also a witness, and your testimony is also valuable evidence.
Medical Records
Our workplace accident and injury lawyers can get medical records from all hospitals and providers who have treated you. You need to seek medical treatment to generate this evidence, so prioritize your health after suffering an injury at work.
Surveillance Footage
We can contact your employer to demand they preserve security footage of the accident. Incidents at construction sites, manufacturing plants, and even in office buildings might be filmed, yielding useful evidence for your case.
Photos
If you took any pictures of your injuries, the accident scene, debris, and obstruction, or anything else that seemed relevant, give them to our lawyers. Photos can corroborate your version of events, proving how you were injured at work.
Who Can I Sue After a Defective Product Accident at Work?
You may file a third-party work injury lawsuit if someone other than your employer was negligent and injured you while working. A common example of this is equipment or devices malfunctioning, sparking fires, or causing big explosions.
Defective products are a top cause of workplace accidents, particularly in the construction and manufacturing industries. If any of the safety equipment you rely on or tools you use fail, you might fall, suffer painful lacerations, sustain burns, or endure any number of other serious injuries.
Tell us about your recent workplace accident, and we can determine if a product manufacturer is liable. If so, our workplace accident and injury lawyers can help you file a lawsuit against them in the Bronx.
What Damages Do Bronx Workplace Injury Lawsuits Cover?
Workplace injury lawsuits can cover economic and non-economic damages, while Workers’ Compensation only covers some economic damages. That is why we will investigate to see if filing a lawsuit is possible in your case.
Economic Damages
Your economic damages are any concrete expense from a workplace injury. The two most prominent economic damages are medical bills and lost wages. Go to the hospital immediately if you need to, as delaying treatment or diagnosis of injuries can harm your recovery.
Your lawsuit may cover all lost wages from a work injury, while a Workers’ Compensation claim will only cover a portion of lost wages based on the type of benefits you qualify for.
Lawsuits can also cover additional economic damages, like childcare services, transportation accommodations, and any other out-of-pocket expenses from an injury. Allow us to identify and calculate all economic damages so we can prove them in your case.
Non-Economic Damages
Your work injury lawsuit may pay non-economic damages as well. These are not available in Workers’ Compensation cases, though they accompany most injuries. Non-economic damages are based on your subjective suffering since an accident, which we can help you understand before testifying. Your testimony helps prove non-economic damages in a lawsuit that goes to trial, though many cases settle outside of court.
There are no statutory limits on non-economic damages in New York injury lawsuits, so your recovery may be great, especially if you sustain distressing or permanent injuries.
What if You Can Never Return to Work After an Accident in the Bronx?
Explosions, fires, falls, and other major workplace accidents might be life-altering. If you suffer permanent injuries that forever affect your earning capacity, we will help you get compensation for that.
Qualifying for permanent total disability benefits means you get lost-wage payments indefinitely. If you can file a lawsuit, we can also seek future lost wages.
Regardless, we must prove your injuries are permanent and warrant considerable compensation for lost wages. We can use your medical records to accomplish this, as well as statements from physicians who have treated you. They can attest that your injuries are permanently limiting and will forever restrict your earning ability.
Do not try to return to work prematurely or do anything that might worsen your injury, like missing doctor appointments. That might jeopardize your claim, so keep your physical recovery and health a top priority.
We can use income records to prove your previous income, so give us recent tax returns, pay stubs, and other financial records.
Recovery Options After Fatal Workplace Accidents in the Bronx
Some workplace accidents turn fatal, leaving victims’ survivors unsure of what to do next. Our attorneys can help survivors determine if someone else is liable for their loved one’s death and, if so, how to get justice.
Workers’ Compensation provides death benefits to survivors in New York, and we can help with these claims. Workers’ Compensation death benefits are limited, so we will see if a lawsuit against a third party is possible. You may be able to sue the victim’s employer after a fatal workplace accident for any of the exceptions previously mentioned.
The statute of limitations for wrongful death lawsuits in the Bronx is two years, one year shorter than the normal personal injury statute of limitations. Do not let this stop you from bringing your claim on time, and contact our lawyers about a loved one’s fatal work injury right away.
What Are the Most Expensive Workplace Injuries?
Many workplace injuries are expensive, requiring months of medical treatments and costing lots of lost wages. No matter your recovery method, you should get compensation for all medical expenses, so report any to our attorneys.
Back Injuries
Back injuries are very serious, especially spinal cord damage. Falls from high heights might cause paralysis, nerve damage, and other painful injuries that might be permanent. Back injuries may require expensive surgery and extensive physical therapy to regain movement in affected areas.
Brain Injuries
Brain injuries are not only expensive, but they are often fatal. You may need to stay in the hospital for days or weeks after suffering a traumatic brain injury. Some injuries cause permanent brain damage. Victims may heal from other brain injuries but only have intense treatment.
Fractures
Broken bones are immediately painful and may need surgery when they are displaced or pierce through the skin. You might suffer a fracture in a massive explosion or during a slip and fall at a messy worksite. Regardless, fractures mean time off of work, possible surgery, casts, and rest, which warrants compensation.
Burns
Burns and electrocution injuries are exceptionally damaging. The pain associated with these injuries is severe, as is the mental suffering. If you suffered bad burn injuries during a workplace accident in the Bronx, let our lawyers see if a lawsuit is possible so you can get non-economic damages.
What Should I Do After a Workplace Accident in the Bronx?
What you do after a workplace accident might make or break your future claim. The sooner you involve us in your case, the better so that we have ample time to prepare.
Tell Your Employer
Do not wait to tell your employer about an accident at work. Even if there was a big explosion, fire, or other words, make sure you report the accident to your employer; do not assume they know it happened.
To get damages from Workers’ Compensation, we must show you were injured at work and not by your own intentional conduct. If you wait to tell your employer about an accident, they might question whether you were hurt at work.
Get Medical Attention
You should certainly get medical attention after a workplace accident in the Bronx. Your physical health and safety is the top concern, as is documenting your injuries. Going to the hospital right away helps prove when you were injured. If you need to, call 911, and paramedics can collect you in an ambulance and take you to the hospital, generating useful evidence for your case.
Keep getting medical attention for as long as you need it. Most injuries require some form of follow-up care, and neglecting that could worsen your injury and jeopardize your case.
We can get all relevant medical records and bills proving your injuries and how expensive they are to treat.
Contact Our Attorneys
You should not wait to start your compensation claim after a workplace accident. Damages might start to grow fast, especially if you cannot resume working. You can get Workers’ Compensation benefits after missing seven work days in New York, and we can start preparing your case before that time comes.
You will have three years to file a work injury lawsuit under C.V.P. Law § 214(5), but you do not have to wait that long and can call us to file your case much sooner. We will ensure you file a timely claim so you do not have to wait unnecessarily long to get compensation.
Call Our Workplace Injury and Accident Lawyers Today
For a free case evaluation, call our workplace accident and injury lawyers of The Carrion Law Firm today at (718) 841-0083.