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What Kind of Claim Do I Have if I Am Injured in the Workplace?

When employees suffer injuries while at work, the circumstances of the accident must be carefully considered to determine what sources of money recovery are potentially available. In New York, employees injured in the course of their employment are entitled to Workers’ Compensation benefits to pay for their related medical treatment and a portion of the earnings they are missing due to the accident disabling them from work.

If you have been hurt in a work-related accident, we sympathize with you. We recognize that you were doing the right thing by performing honest work to earn your income. One aspect of the “The American Dream,” is the promise that every individual in this country should be able to work to earn a living. Do not let this dream became a nightmare because of your work-related injury. Contact the attorneys at Friedman & Simon. L.L.P., to learn how the law can work to provide the justice you deserve.

How Do I File a Workers’ Compensation Claim?

If you were an employee working at the time you suffered your injury, you may qualify for benefits under New York’s Workers’ Compensation statute. There are particular forms that must be filed by strict deadlines in order to preserve your claim.

Before you “Google” the form, contact an attorney. Your claim may involve additional paperwork, testimony under oath, depositions, and even a hearing to determine whether you qualify for benefits. Inconsistencies in your filing – which may be an innocent mistake on your part- can be damaging or even fatal to your claim. Don’t go it alone. Many claims that are denied are filed by individuals who tried to tackle the process on their own. This is not recommended. The paperwork required for a successful Workers’ Compensation claim involves carefully detailing how the injury happened, what you were doing when the accident occurred, the time it took to notify your employer, the nature of your injury, the body parts you are claiming were injured, and other details that may be subject to later investigation. All of these issues and various concerns are best addressed by an experienced and dedicated Workers’ Compensation lawyer.

Are There Any Circumstances Where I Can File a Lawsuit AND a Workers’ Compensation Claim?

If an on-the-job injury was caused by the negligence of your employer or fellow employee, while you will have the benefit of Workers’ Compensation coverage, you will be barred from bringing a lawsuit against these negligent parties. However, if the accident was caused, at least in part, by the negligence of someone other than yourself, your employer or your fellow employee, -such other person or entity being generally referred to as a “third party”- you very well may bring what is termed a “third party claim” or, if indicated, commence a lawsuit which might be referred to as a “third party action”. 

For example, a supermarket worker who is stocking shelves overnight and slips on a wet floor without any cautionary “Wet Floor” sign, that was mopped and left posing a hazard without any safety warning by a fellow employee, will most likely recover only Workers’ Compensation benefits. However, if one fact is changed, for example, if the wet floor resulted from the faulty installation of a refrigeration unit by an outside company, or perhaps from a leak in the ceiling when there are commercial tenants above the store and the landlord failed to repair the leak that he/she actually knew of or, in the exercise of care should have known about, the injured supermarket worker may in these examples have a valid third party claim against the refrigeration company or the landlord.

Fact patterns such as the one above, and some that are much more complex, as in a construction site that may have dozens of companies with many building trade workers at a location, play out every day in cases where people are injured on-the-job. These fact patterns must be very carefully examined, so that the injured worker is given the opportunity to recover against each and every party that may be legally responsible for the damages caused by the on-the-job injury.

Contact Friedman and Simon to Review Your On-The-Job Injury Case Today

All cases, including Workers’ Compensation claims and Third-Party cases, have time-deadlines.

After suffering an on-the-job injury, it is best for you to focus on your medical treatment and recovery and to allow us to handle all the technical details of investigating and analyzing the facts and evidence of your case, preparing and submitting all necessary documents to preserve and assert your rights and making sure that all deadlines are met in a timely manner. 

Being permanently or temporarily disabled while at work can be devastating for you, your loved ones, and all those who depend on you for financial support. We understand how you feel and have worked relentlessly to help victims like you to obtain the justice you deserve and financial compensation you need. Call the attorneys at Friedman & Simon, L.L.P., today for a no-cost case review and a free consultation with an experienced, dedicated and compassionate lawyer: 516 932 0400

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