Spring Valley, NY Workplace Accident Attorney
New York State Law provides special protection and accountability to workers who are injured on jobs involving construction, painting, roofing, renovating, demolition, cleaning, excavating, and related procedures. These laws protect all workers, regardless of their immigration or residency status. Since undocumented workers are often victimized by unsafe work sites, there are many cases in court involving serious injuries of such workers, and the devastating effects that life-long impairments have on their families. Citizens, residents, those on a visa, or those in the country without legal permission are all entitled to have their grievances heard in court.
If you have been injured by a fall, a falling object, hazardous substances, dangerous equipment or machinery, or even by a co-worker, it is very important to immediately contact an attorney.
Beyond Workers Compensation
Workers compensation provides payment of medical bills and lost earnings, but that is usually only a small portion of what has been lost. Pain and suffering, no matter how severe and permanent, are not compensated by workers compensation.
Identify All Liable Parties
Although an injured worker who is receiving workers compensation from his employer cannot sue his employer for pain and suffering, there is often another party that can be sued, such as the owner, general contractor, architect, equipment seller or supplier, or any other responsible party. Even if those parties played no role in the accident itself, they can still be responsible under the law. All participants in a construction project have responsibility to ensure a safe work site, and to prioritize worker safety over profit.
Workers can often sue even if it seems that the accident was their own fault. People are human and make mistakes. That’s what laws providing for safe equipment and practices are all about.v
Bringing a lawsuit against a party other than your employer does not affect your right to receive money from workers compensation during the lawsuit.
Strict Deadlines to File a Workplace Accident Lawsuit
There are very strict timelines to bring a lawsuit, so when an accident occurs, you should consult an attorney as soon as possible. Aside from not being able to sue after the deadline has passed, early contact with an attorney makes the chance of success more likely for a number of legal and practical reasons.
The construction companies, their lawyers, their insurance companies and their investigators often get to work as soon as the accident happens, so that they can be in a better position to defend against a lawsuit.
Injured workers should waste no time, and hire experienced, knowledgeable, dedicated attorneys to protect their rights.
Soon after an accident workers are often confronted and pressured by their employers or insurance investigators, to provide a detailed statement. Promises to pay medical bills and assurances of continued work should not fool a seriously injured worker into signing away his rights. There is no obligation to answer anyone’s questions.
Injured workers should not speak with anyone about the accident or their injuries, or fill out any forms, or sign anything, until first consulting with a lawyer. This is also true for any accident, including car accidents, property accidents, product accidents, sidewalk accidents and medical malpractice.
Free consultations, with no obligation of payment, and visits to the home or hospital are available. There is no down side to asking a lawyer for advice or whether you have a case, whether it is for a work accident or any accident.
Workers’ Rights and Employers’ Duties
Plaintiffs have to prove a dangerous or unsafe worksite or conditions to support the claim. The National Department of Labor in collaboration with Occupational Safety and Health Administration published lists of workers’ rights and employers’ duties. Violating any of those rights or breaching any of duties by employers may be a basis for filing a workplace personal injury claim. Personal injury law is confusing and complicated so before filing a New York workplace injury lawsuit you should first consult a NYC personal injury attorney. Evan Goldberg thinks that injured workers shouldn’t meet social apathy. They should be fairly compensated by their for being injured while working unsupervised or without proper personal protective equipment. Often, a party who is negligent or responsible under the law is not the plaintiff’s employer, but rather a general contractor, a construction manager or a property owner. Liability can often be established even if such parties had no direct involvement in the work at issue.
According to OSHA laws and regulations workers have the right to:
1) Speak up about hazards without fear of retaliation
2) Receive workplace safety and health training in a language you understand
3) Work with machines, equipment and at sites that are safe
4) Receive required safety equipment, such as gloves, goggles, ladders, scaffolding and a harness and lifeline to prevent falls
5) Be protected from toxic chemicals
6) Request an OSHA inspection, and speak to the inspector
7) Report an injury or illness, and get copies of your medical records
8) Review records of work-related injuries and illnesses
9) See results of tests taken to find workplace hazards
10) Be supplied with with all necessary protective equipment
Which industries are most at risk of personal injury workplace accidents?
Manufacturing Accidents
The most common manufacturing-related personal injuries include:
- Injuries from machinery: fractures, first-degree burns, concussions and even death.
- Exposure to harmful substances: exposure to harmful substances and chemicals which can lead to breathing issues caused by inhalation and skin irritations or even chemical burns.
- Manual handling injuries: work-related musculoskeletal disorders (MSDs) such as pain and injuries to arms, legs and joints, and repetitive strain injuries of various sorts.
Construction Accidents
The most common construction-related personal injuries at workplace include:
- Work-related illness: Industrial dermatitis, occupational asthma and HAVS.
- COPD due to exposure to asbestos.
- Occupational Asthma due to the airborne particles inhalation.
Culinary Accidents
Kitchen personal injury accidents at the workplace:
- Cuts from kitchen Equipment: severe cuts and wounds from hazardous sharp kitchen equipment such as knives, food processors and graters.
- Kitchen burns: first, second and third degree burns caused by hot frying pans, boiling water, boiling oil, oven.
Agriculture Accidents
The most common types of farming personal injuries include:
- Machinery accidents: wounds, cuts which can even lead to amputation.
- Vehicle accidents: tractors and quad bikes crashes and accidents.
- Livestock accidents: animal icks and bites, zoonotic diseases.
Transportation accidents and delivery drivers
Most common drivers’ personal work-related injuries:
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- Musculoskeletal injuries due to poor posture whilst driving to extended periods of time.
- Exhaustion, fatigue and permanent tiredness from driving long distances without any break.
- Road accidents injuries: severe injuries due to vehicle crushes, vehicle-pedestrian accidents, vehicle-bicycle accidents, frantions, spinal cord injuries, skull fractures, internal bleeding, disabilities and even death.
Most common causes of personal injury workplace accidents:
- Lack of personal protection equipment
- Unsupervised tools and heavy equipment
- Improper using of tools and machinery
- Poor knowledge of personal protection rules
- Poor management
- Contact with moving objects
- Messy workplace environment
Spring Valley, NY and New York City Workplace Accident Lawyer
Have you or a loved one been injured in a workplace accident? Contact an NYC injury attorney today by visiting our personal injury law firm contact page or call us today: 1 845-545-0448