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/

If you or a loved one suffered an injury from a fall in a nursing home, know that you are not alone. Sadly, fifty to sixty percent of nursing home residents suffer falls. Fortunately, the law provides a path to compensation if another is at fault. 

Determining who is at fault in a slip and fall accident is crucial. Not surprisingly, the nursing home itself is typically at fault. Why? In most slip and fall cases, the party responsible for the victim’s injuries is whoever was responsible for the safety of the premises where the victim fell. A second reason is that a nursing home employee can be held responsible for another person’s accident because they were directly responsible for keeping that person safe. Establishing whether a fall was a result of a dangerous condition at the location of the incident or someone’s failure to care for the resident is vital. 

However, not all cases are so straightforward. This is where a consultation with a knowledgeable personal injury attorney can be especially helpful. Here at Rosenblum Law, we’ll  review the facts of your case to determine who can be held responsible for your fall before you make a claim for compensation. Moreover, we will review all possible sources of law that can make you eligible for compensation, like the often complicated section of New York’s Public Health Law covering nursing homes. 

There are several steps you can take to get compensated for an injury. The most common route of action is to file an insurance claim and attempt to settle without filing a personal injury lawsuit. When filing an insurance claim, a claims adjuster will investigate your case and decide whether the insurance company is responsible for compensating you. If the determination is in your favor, the insurance company will have to pay. However, if they decide against you, or they offer a sum of money that does not adequately compensate you, you may decide to file a lawsuit.

If you file a personal injury lawsuit in a court of law, a judge or jury will ultimately decide whether the entity you are accusing was responsible for the accident and whether they have to pay you for your injuries. Taking your case to court can lead to greater and more fair compensation, given the impartiality of the decision makers. 

There is also potential for both filing a claim and lawsuit. Although an insurance claim and an attempt to settle is typically made before a lawsuit is filed, if a settlement cannot be reached, you can proceed with a lawsuit but they are not mutually exclusive. Reaching a settlement after you have filed a lawsuit but before a court ruling after trial is also a possible outcome. 

Your attorney can help you negotiate with an insurance company, advise you on whether or not an offer is fair, guide you in filing a lawsuit, and ultimately help you reach an adequate settlement, whether it’s done in the courtroom or not. Rosenblum Law has spent decades leveraging our resources and unmatched legal expertise to successfully advocate for our injured clients. We are committed to providing justice and helping you and your family secure the compensation you are owed for your nursing home injury  Call us today for a free, no-obligation consultation.

Read More: https://rosenblumlaw.com/personal-injury/ny/slip-fall/