Utica Work Injury Lawyer
Work injuries are some of the most destructive types a person can suffer, often leaving a victim emotionally traumatized and facing mounting expenses. Recovering compensation for work injuries is a complex process, and Workers’ Compensation benefits might not provide enough to cover all your damages.
For some workers, filing a lawsuit might be their best option to recover additional damages not covered by Workers’ Compensation insurance. An experienced Utica work injury lawyer can be helpful in understanding what circumstances you may file a lawsuit after suffering a work injury. New York law allows employees to sue their employer in only a few situations, and strict deadlines can profoundly impact your work injury case.
If you were injured at work, our dedicated Utica work injury lawyers could help you recover the compensation you deserve. For a free case assessment, call The Carrion Law Firm today at (718) 841-0083.
Common Types of Work Injuries in Utica, NY
Work injuries are all too common. While some injuries might be minor, others require long-term care and high financial costs. Workers’ compensation will typically cover medical expenses and lost wages but will fall short of providing the necessary coverage for more severe injuries. The following are the most common types of injuries a worker might suffer in a workplace accident in Utica:
- Spinal cord injuries
- Soft tissue injuries
- Traumatic brain injuries
- Broken bones
- Puncture wounds and lacerations
- Toxic exposure injuries
- Internal injuries
- Muscle and ligament injuries
These are only some of the most common work injuries that can occur on a job site and can happen in numerous other ways. Our Utica work injury lawyers are ready to discuss your case no matter how your work injuries came about.
Differences Between Workers’ Compensation Claims and Work Injury Lawsuits in Utica, NY
Workers’ Compensation benefits in Utica are designed to cover the medical expenses and lost wages of employees injured at work. Because employers are required to carry Workers’ Compensation insurance for their employees, an injured worker is generally prevented from filing a lawsuit against their employer. The compensation injured workers can recover is also limited by Workers’ Compensation policies.
While an injured worker will receive benefits for economic damages, like medical costs and lost wages, it does not provide non-economic damages, like pain and suffering. To file a lawsuit to recover additional damages, your work injury must fall under one of the exceptions set forth by New York law.
Work Injuries Caused by Third-Party Negligence
Many workplace injuries are caused by the negligence of another worker or subcontractor. Luckily, you will not be limited by Workers’ Compensation in your ability to sue a coworker for their negligent acts. Workers are required to exercise reasonable care while doing their job and can be held liable for the injuries they cause. For instance, if a delivery driver caused your accident while making a delivery, or a coworker failed to secure a piece of machinery after using it, they could be held responsible.
Products manufacturers and sellers could also be held liable for work injuries their products cause. If a product fails in its design, manufacturing, or labeling, it can cause devasting injuries. Product liability cases are difficult to prove, but Workers’ Compensation will not prevent you from filing a lawsuit against a negligent seller or manufacturer.
Work Injuries Caused by an Employer
The L.A.B. Law § 200, § 240(1), and § 241(6) set forth the circumstances in which an injured worker can file a lawsuit against their employer. An injured worker may sue their employer if their negligent acts contributed to causing one of the following accidents:
- Falling from a ladder, scaffold, or other height caused the accident
- Fall because of an unsecured opening
- Struck by falling debris
- An employer violated codes or regulations
- A negligent third party caused the accident
If your work injury was caused by an employer’s or another worker’s negligence, our Utica work injury lawyers could help you file a lawsuit to recover the compensation you are owed.
What to Do When a Utica Employer Does Not Carry Workers’ Insurance
You might have another valid reason to file a work injury lawsuit against your employer if they do not carry Workers’ Compensation insurance for their employees. Employers must carry Workers’ Compensation insurance for injuries on the job and can be held civilly liable or even criminally responsible for work accidents when they do not. Our Utica work injury lawyers can help you hold your employer accountable for failing to provide the insurance coverage you are entitled to.
Statute of Limitations to File a Work Injury Lawsuit in Utica, NY
New York’s statute of limitations sets the deadline to file a work injury lawsuit in Utica. Under C.V.P. Law § 214, injured workers will have three years from the date of the accident to file a lawsuit. Keep in mind that this deadline is incredibly strict. In most cases, if your lawsuit is not filed within the three-year window, the defense will file a motion to dismiss, which the court will grant, and you will be denied from pursuing further compensation.
While the law gives you three years to instigate your case, you should start litigation as soon as possible. Important evidence related to your work injury could be lost or forgotten. Also, surveillance footage, which most workplaces have, could be deleted before you acquire it. Further, filing mistakes could cause you to have to refile your case, starting from the beginning and sacrificing crucial time. However, once your lawsuit is filed, there is no time limit to completing your case. The three-year deadline only applies to the initial filing of your work injury lawsuit. Our Utica work injury lawyers can help you identify the important dates in your case and ensure your lawsuit is filed appropriately.
Our Utica Work Injury Lawyers Can Help
If you suffered a work injury, get help determining if filing a lawsuit is right for you. Contact our Utica work injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.