WORKPLACE ACCIDENTS

safety at workAlthough, workplaces today are much safer and healthier than 20 or 30 years ago, work-related injuries and fatalities happen every year, particularly in high-risk industries like construction. Close to 5,000 Americans are killed in their job every year and over 3 million suffer serious work-related injuries from which they never fully recover.

The most common causes of work-related injuries include: repetitive motion and overexertion, violent acts of co-workers, machine entanglement, defective equipment, tripping, falling, slipping, reaction injuries, falling from heights (ladders, platforms, scaffolding), vehicle accidents, exposure to toxic materials and chemicals, inadequate work safety (failure to follow safety guidelines) and reckless behavior.

If you live in the State of New York and you have sustained a work-related injury, illness or disability, you could be entitled to compensation under the Workers’ Compensation Law. In order to do so, you will need to report your injury to your supervisor as soon as possible. If you fail to notify your employer / supervisor within 30 days from the date you sustained the work-related injury, you may lose the right to claim compensation under the Workers’ Compensation Law. If you develop an occupational disease, this deadline is two years after the date the disablement. Also, make sure to complete Form C-3 (a claim for worker’s compensation) and send it via registered mail to the nearest office of the Workers’ Compensation Board immediately after the accident.

worker accidentYou are also strongly advised to find a competent and experienced workplace accident lawyer because consulting a lawyer is essential any time there is a serious injury. There is special legislation in place in the State of New York that provides additional protection to certain types of workers, particularly those working in construction. By contacting a good workplace accident lawyer, you will increase your chances of getting a fair compensation for your injuries. Bear in mind that legal consultation is free. In case you do contact a lawyer, you will need to produce evidence of your work-related injury or occupational illness.

The damages you may receive under the Workers’ Compensation Law include weekly compensation (the amount of weekly benefits for total disability is usually 60% or 2/3 (66 2/3%) of the employee’s pre-injury average weekly wage), permanent impairment benefits, medical bills and vocational rehabilitation which is essentially job retraining into a new line of work.

MOTOR VEHICLE ACCIDENTS

car accident

Car crashes and generally motor vehicle accidents are an everyday occurrence. Did you know that motor vehicle and traffic accidents are the leading cause of injury-related death in the State of New York? Every year, over 1,500 people die, 15,000 are hospitalized and close to 150,000 treated in ERs across the state as a result of being involved in motor vehicle accidents.

If you or your loved one has been injured as a result of a car accident, or another car / vehicle has hit you while you were a pedestrian or riding a bicycle, our lawyers are here to help you. If the accident you were involved in was no fault of your own, you could be entitled to compensation. Also, your legal rights have to be protected after a motor vehicle accident which is why you are strongly advised to hire a seasoned car / vehicle accident lawyer who will assess and handle your case. Furthermore, and in order to be entitled to compensation, you will need to prove liability of the other party which can be a very complex process.


injured peopleThe amount of compensation depends on many factors such as: the type and the extent of your injury, the amount of time you had to take off work and consequential lost wages and earnings, the extent to which your injury will prevent you from working in the future, whether you will need assistance around the home as a result of your injury etc.

Damages may include hospital and medical bills, lost wages due to inability to work, and compensation for pain, suffering and loss of enjoyment of life. Injured party should also be mindful of the statute of limitations or the time period within which legal proceedings may be brought or a lawsuit filed. In the State of New York, the statute of limitations is three years from the date of injury. Another legal remedy that is applicable in the State of New York is the so-called Comparative Fault Rules. This, in practice, means that even if you are partially to blame for the motor vehicle accident, you still may be entitled to compensation. For instance, a jury might determine that the other party in the accident is 70% at fault for causing the accident, but you are 30% to blame.

If you are involved in a motor vehicle accident, there are several things you should do (if you are able to):

  • Call 911 immediately after the accident;
  • Get the contact details from the witnesses;
  • If you are able, take photographs of the accident scene;
  • When the paramedics arrive, allow them to evaluate your state of health;
  • File a report about the accident with your insurance company (make sure you do this within thirty days from the date of the accident);
  • Follow doctor’s advice and don’t stop your medical treatment too soon;

Free Case Review

Contact Us

Silver & Kelmachter, LLP
11 Park Place, Suite 1214
New York, New York 10007
Phone 212-661-8400
Fax 212-661-1242

logo