Injuries occur at work all the time and in many cases, workers’ compensation covers the majority of the cost of medical care and lost wages. However, there are also occasions when it’s appropriate to file a personal injury claim.
In New York, you might be entitled to compensation even if you were partially to blame for your injuries because the state uses a pure comparative fault rule to assign damage awards. This is one of the reasons it’s important to speak to an experienced personal injury attorney, regardless of your circumstances or what you are told by the insurance company.
According to the New York State Department of Labor, there were more than 200,000 nonfatal occupational injuries and illnesses in New York in 2015. Some of the most common workplace injuries in New York include:
- Back and neck injuries
- Carpal tunnel syndrome
- Joint injuries
- Paraplegia and quadriplegia
- Electrical shock and electrocution
- Traumatic brain injury (TBI)
- Repetitive motion injuries
- Toxic exposure
- Nursing and health care worker injuries
- On-the-job car or trucking accidents
- Ground Zero worker injuries and illnesses
Is Workers’ Compensation My Only Option after a Workplace Injury?
Unexpected workplace injuries can have devastating consequences. If you work in a field that utilizes heavy machinery or equipment, a workplace injury can alter your life forever. Those injured in workplace accidents might be entitled to compensation for physical, emotional, and financial harm when a workplace injury through a personal injury claim.
In order to achieve success with your personal injury claim, you’ll need to prove:
- The defendant owed you a duty of care
- The defendant breached that duty
- The breach resulted in a foreseeable injury to you
- You suffered damages as a result of the injury
Working with a personal injury attorney following a workplace accident ensures your claim is filed correctly and your rights are protected throughout the process. Compensation from personal injury claims can include damages for pain and suffering, lost wages, medical care, and any other harm arising from the accident.
You have a limited amount of time to take action if you are injured in the workplace in New York. It’s important to report your injury to your employer as soon as possible. If you decide to file a personal injury claim in addition to workers’ compensation, you’ll need to do so within three years in most cases (there are some instances in which the statute of limitations is shorter, and in some cases much shorter if the claim involves the government or public authorities).
Workplace accidents can change your life forever. To speak to someone about whether or not a personal injury lawsuit might be appropriate in your situation, contact the Law Offices of ELAN WURTZEL, P.C.