Bronx & Westchester Workplace Injury Attorney
Tens of thousands of workplace injuries are reported every year in New York. For a worker, an injury can mean lost wages, medical expenses, and fear about how to support one’s self and one’s family. A Bronx & Westchester workplace injury attorney can help you to recover compensation if you’ve been hurt while performing an on-the-job activity.
Most Common Workplace Injuries
Those who work in hands-on and manual labor fields are the most at-risk of sustaining a workplace injury. To be sure, the most common workplace injuries in New York include:
- Contact with objects and equipment;
- Slips, trips, and falls;
- Violence by persons or animals; and
- Transportation incidents.
However, the list above is by no means inclusive. Injuries may also be sustained from repetitive work, electrocution, exposure to dangerous chemicals, overexertion, heavy lifting, and more.
Can I Sue My Employer?
If you are an employee in New York, then no, you cannot sue your employer after an on-the-job injury occurs. The only exception to this is if your employer intentionally caused you harm, usually via battery, assault, or another form of wanton damage. Rather than suing your employer, state law provides you with the right to file a workers’ compensation claim for benefits. You may also be able to file a third party liability claim depending upon the circumstances surrounding your cause of injury.
New York Workers’ Compensation Insurance vs. a Third-party Liability Claim
A workers’ compensation claim is filed with your employer’s workers’ compensation insurance company, and is only allowed when your injuries are sustained during the course of your employment. This is the most common form of compensation for employees who are injured while working in New York.
It is a common misconception, however, that workers’ compensation insurance is the only method of recovering damages after a workplace accident occurs. While you cannot file a lawsuit against your employer or another employee, you can file a lawsuit against a third-party when your injury would not have been sustained but for the third-party’s negligent actions. Examples of third parties who may be held liable include:
- The driver of a car who hit you while at a work site;
- The manufacture of a defective piece of equipment that caused your injury; or
- A property owner who failed to maintain his or her property in a safe condition, resulting in your injury.
While you do not need to prove negligence in a workers’ compensation claim, you must prove negligence in a third-party liability claim for damages. An attorney can explain in depth what negligence is, provide examples of negligence, and show you how to prove negligence to recover compensation.
Why You Need to Call a Bronx & Westchester Workplace Injury Attorney Today
After an injury, you only have so much time to file a workers’ compensation claim for benefits (you must notify your employer within 30 days after the injury) or a third party liability claim (you must file within three years from the date of injury). The sooner that you call a workplace injury attorney, the sooner you can discover the best course of action for recovering damages for harm suffered.
The skilled Bronx and Westchester workplace injury attorneys in the Westchester County area at Cavallo & Cavallo are ready to discuss your claim today. For a free consultation, call us now at 914-235-8500.