Whether someone works twenty hours or sixty hours a week, it is the employer’s responsibility to ensure that their employees have a safe environment to come to each and every day. If you’ve been injured by a fall at work, you should discuss your case with a New York personal injury attorney because you may be entitled to compensation.
Generally, you can recover most if not all of the initial losses you suffered from the injury, as well as future costs you may endure. Your attorney will help you determine who was responsible, how much liability will likely be attributed to them, and how much compensation you can recover.
In order for your employer to be held liable, your injury typically has to occur during work hours and on employer premises. If either doesn’t apply to your accident, you may not recover.
If you were working at the time of your accident, you can potentially be compensated for:
- Current and future medical treatment,
- Current and future lost wages,
- Emotional trauma,
- Expenses for dependants, and even
- Pain and suffering.
All businesses are required to have workers’ compensation insurance coverage for all employees. Workers’ compensation protects the rights of employees and employers by managing and delivering benefits when needed and also promoting worker and employer compliance with the law. However, prior cases show us that workers’ compensation is not a perfect system. For example, in one New York case, an employee was going into work when her foot slid out from under her as she was about to go up the steps. The employee figured there must have been an ice build up because it had snowed heavily the week before. Despite the accident occurring at work, the board initially did not allow her to receive benefits, so the employee decided to appeal this decision to the courts.
On appeal, the board’s ruling was reversed and it held in favor of the injured worker because it was determined that the employee was injured as a result of a risk exclusive to her workplace. The board also failed to investigate whether there was ice or not, which is something that it should have done.
As you can see, if the employee had not pursued legal action by appealing, she may have never received compensation for her injury and damages. It is extremely difficult to navigate the legal side of a slip and fall accident at work, and the process may be lengthy. By consulting an experienced personal injury attorney, you’ll have a better chance to get the compensation you deserve while you recover from your injuries.
It’s also important to note that even though a worker who is injured on the job can’t sue their employer but rather is required to file a Worker’s Comp claim, that’s only if the employer was the only responsible party. However, if a third party was negligent, a traditional lawsuit can be filed. So to give a common example, say a worker is injured on the job due to a defective piece of equipment, the equipment manufacturer can be sued in court.
If you’ve fallen at work, you will need the support of the highly competent and determined legal team here at Rosenblum Law. Don’t hesitate to take the crucial first step on the road to recovery by contacting us. We offer decades of experience and unrivaled attention to our clients’ cases to ensure the best possible outcomes.
Read More: https://rosenblumlaw.com/personal-injury/ny/slip-fall/workplace/