On the Job Injuries: The Truth About Workers' Compensation
"I got hurt on my job! What are my rights?" That is a simple question that we are often asked. The answer is not as simple as you might think.
The Workers' Compensation Law provides certain benefits to workers who are injured while they are working "within the scope of their employment." Workers' Compensation Benefits may include medical expenses, lost wage compensation (up to a fixed amount), and a lump sum award for a permanent injury. The lump sum award is a set schedule and is generally less than recovery could be in an ordinary accident case.
In many cases the Workers' Compensation Law takes away your right to bring a law suit in regard to your injury. You may not sue your employer or your fellow workers even if they were negligent and caused your injury at the work place.
However, even if your accident occurred at work, there are situations where you may be able to sue the negligent person responsible for your injuries. If you are injured on a construction site, the New York Labor Law gives you the right to sue the owner of the premises or the general contractor. If your are injured by a defective machine you may be able to sue the manufacturer of the machine. You may be able to sue the negligent party even if you are receiving Worker' Compensation Benefits.
We recently settled two work place injury cases for $400,000 and $450,000. In the first case our client while working for one company was on the premises of another company. Due to negligent conditions at this other company, our client was caused to trip and fall thus injuring himself severely. We sued the company with the negligent condition and obtained a settlement of $400,000 for our client.
In the second case our client was working on a construction site. Due to debris at the site he fell down an open elevator shaft injuring himself. We sued the owner and general contractor and have partially settled this claim for $450,000.
If you have been in a workplace accident call Martin Block or Marc Weinblatt to discuss the details. Learn what your rights are.
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