Posts Tagged ‘workers compensation’

New York law mandates that employers carry workers compensation (also known as workers comp) insurance.  The purpose of workers comp insurance is to provide workers who become ill or sustain an injury on the job with the financial resources the need to pay for:

• Medical treatment
• Partial disability
• Total disability
• Permanent impairment
• Death benefits to surviving family

In exchange for receiving these benefits, you as an employee must agree not to sue.

If you are injured in a construction site accident in New York you should notify your employer immediately. They then should document the incident with their Workers’ Compensation carrier and begin your claim.

In the meantime, you should also contact a New York Worker’s Compensation lawyer to assist you in resolving your claim.  Be sure to seek medical treatment immediately and carefully document:

• All details pertaining to your accident
• Your injuries and recovery
• Bills and medical records you receive

These documents will be used to help build your claim so you can recover any lost wages and medical expenses.

If you are injured on the construction site, New York law prevents construction workers from suing their employers – even if the accident was caused by employer negligence.  When you are injured on the Construction site, your best bet is receiving workers compensation benefits.  Though this is common, there are cases in which you can sue for damages.  These include:

• Injuries caused by a defective product
• Injuries caused by a toxic substance
• Injuries caused by intentional or bad conduct of employer
• If employer does not carry workers comp insurance
• If a third party caused your injury.

In all but one of these instances, a third party caused the accidents.  Though you forfeit the right to sue your employer by accepting workers comp insurance, you can however contact a construction accident attorney new york to sue any third party involved in your accident.

Oftentimes construction workers injured on the job are only entitled to workers compensation benefits. Rarely does this compensation fully reimburse a worker for their pain, suffering and other losses. If you are injured on the job, depending on what caused your accident, you may be able to sue a third party in a personal injury lawsuit.

A third party claim can be filed against your employer if negligence or wrongful actions of a third party, such as another employee can be proved. This is especially common on construction sites where there are several subcontractors all working at the same time.

Common third party accidents include:

• Falling from scaffolding
• Falling into an unsecured elevator shaft
• Being hit by falling tools or building materials
• Falling into trench
• Being struck by a crane, fork lift or other construction vehicle

While you wait for your third party claim to go through, you can apply for and receive workers comp benefits. If your workers compensation attorney new york is able to recover damages for you, you will have to pay back your workers compensation you were paid with the money you are awarded.

If you are injured in a construction site accident it is important that you seek a lawyer before you apply for workers comp insurance. Insurance companies hire experience lawyers to investigate accidents in order to find enough evidence that will help them pay out the smallest benefit amount possible.

An experienced attorney knows what to look for in a construction site accident case. They can help develop legal argument with medical testimony from doctors to describe the extent of your injuries, which gives you the best possible chance of obtaining the maximum benefit amount possible.

By hiring a lawyer, you can also focus on getting healthy again. You will need to spend time documenting the accident, injuries sustained and the cost of your medical bills so that your workers compensation attorney new york can build your case. But besides that, you have the piece of mind in knowing that an attorney is handling your claim for you, which can lower your stress level and enhance your recovery process.

WORKERS COMPENSATION: THIRD PARTY ACTION

As a general rule, as we have stated previously, if there is a possibility of bringing a lawsuit against some party OTHER THAN one’s employer or co-worker (“THIRD PARTY ACTION”), for a injury sustained on the job, the recovery will almost always be greater than the worker’s compensation award that may be given, if both remedies are available. Without explaining the technicalities of liens that arise, we can summarize by saying that the injured party will usually have the luxury of keeping the greater of the two amounts. Often, there is no third party available to sue. Sometimes, there may not be Workers Compensation available to a worker, though he may think there should be. It can be a close call.

Example: A worker is on his way to a job site in his automobile and crashes with another vehicle. It is the other vehicle’s fault. The worker is very seriously injured. The other auto has only the minimum insurance coverage which is not nearly enough to fairly compensate the injured worker. Workers Compensation now becomes extremely important since the worker may be disabled for his entire life.

In New Jersey recently, it was decided that a worker, on a coffee break, WAS entitled to Workers Compensation.** The yardstick?: Was the activity of the worker at the time he was injured “within the course of his employment?”

In this case, even though the worker chose to drive five miles away from the work location for the coffee break, it was found that the diversion was caused by the worker having to wait for another person he was to meet, and the coffee break was a reasonable thing to do in the meantime. The result: the worker can get Workers Compensation for his severe injuries and will be covered for a lifetime disability. If it had been decided that the coffee break was NOT “within the course of his employment,” all the worker would have to look forward to was the small amount available under a limited automobile insurance policy…

Any time a “third party” may be involved in a work injury, it is absolutely essential that an experienced Personal Injury Attorney, in addition to a Workers Compensation Attorney, be consulted…A worker does himself a terrible injustice, and may subject himself to grievous financial damage, if he fails to heed this advice.

**Http://www.insurancejournal.com/news/east/2010/01/25/106840.htm

CONSTRUCTION ACCIDENTS IN NEW YORK CITY | 2009 UPDATE

Construction activity in New York City, as almost everywhere else in the nation, has experienced a drastic slowdown during this past year.  The reason is not difficult to fathom: the Recession, and the consequent constriction in financing by banks.

One piece of good news accompanies this fact: building sites reported THREE (3) fatalities in all of 2009.   That represents a downward spiral of 12 deaths in 2007 and 19 fatalities in 2008 !*

New York City Buildings Department – tougher enforcement caused decline in construction accident fatalities.

While the recession certainly had a major role in this situation, the officials in the New York City Buildings Department attribute tougher enforcement of rules as a contributing factor in the decline.It should be noted, however, that tougher enforcement was undoubtedly directly linked to the experience of two recent horrendous construction crane accidents.

In taking solace at the diminished number of fatalities at construction sites, the overall number of injuries at construction sites rose in 2009.  According to officials, this was mainly due to improved reporting of accidents.

It is vital to remember that construction site accidents virtually always involve THIRD PARTIES which may be responsible for recoveries, in addition  to WORKERS COMPENSATION recovery. Any construction  worker, involved in any accident at a construction site, should contact an experienced Personal Injury attorney immediately, so that his rights and interests can be fully protected.  A Worker’s Compensation attorney will also have to be contacted at some point.

*ClaimsJournal.com–Associated Press

ELEVATOR ACCIDENTS | WORKERS COMPENSATION | THIRD PARTY ACTIONS | NEW YORK LABOR LAW CASES

In an effort to repair an elevator in a five story cooperative in Manhattan, a repairman lost his life on Wednesday, January 13, 2010. While the exact method of the repairman’s death is not yet determined, speculation is divided between a fall in the elevator shaft or electrocution. The repairman was there to deal with tenant complaints of elevator misalignment with the floor, and with “squeaking” sounds.

Having died in the course of his employment, the representatives of the deceased will look to Workers Compensation for their remedy.

Without explaining the intricacies of the New York Labor Law, whether the repairman’s estate will have a viable THIRD PARTY lawsuit against the owner of the building, in addition to the Workers compensation claim, may well rest on a judicial determination as to whether a “repair”, as opposed to “maintenance,” was involved in the work being performed by the repairman at the time of his death !! The availability of a THIRD PARTY action could make a significant difference in the eventual amount recovered.

The laws surrounding injuries sustained by workers in the construction trades and allied fields are very protective but also very complicated at times.

The difference to the injured party and that party’s dear ones can be very substantial since, as an almost inviolable rule, THIRD PARTY actions result in recoveries significantly greater than awards under Workers Compensation.

An attorney with considerable experience in handling THIRD PARTY LABOR LAW cases is essential to safeguard the vital financial interests of those grievously affected by a worker’s accident. If you or your family member have been injured contact Orlow, Orlow, & Orlow today.