Workplace Accident & Work Injury Claims NYC
Top New York Work Injury Claims Lawyers
What Is A Workplace Accident Claim?
Were you hurt at work? If yes, it is critical to have an experienced Workers’ Compensation lawyer to discuss what you are entitled to following a work place injury. Workers’ Compensation Law is mandatory State legislated insurance which an employer must have when operating a business. It has been reported that 129,000 nonfatal workplace injuries and illnesses occurred in New York in 2020. This is where Workers’ Compensation comes into play. Workers Compensation insurance is specifically designed to protect workers that were injured on the job.
Although Workers Compensation is designed to benefit injured workers, it is very easy to jeopardize your claim. Do not fall a victim to this. Insurance companies can often deny claims or pay incorrect lost wage amounts – this is where you will need an experienced workers’ compensation attorney to take your claim to court and successfully have your case accepted while adjusting your lost wage amount. If you or a loved one were hurt at work, you need to speak with an experienced Queens Workers’ Compensation lawyer at Beck Law, P.C. Our office offers a free case consultation where we will evaluate your claim and have it set on the right track to speedy recovery. Contact an experienced Queens Workers’ Compensation lawyer lawyer today.
Workers’ Compensation is insurance that is provided by your employer in the event of an accident or injury that occurs on the job. Workers’ Compensation applies regardless of fault. In other words, as long as you were providing a benefit to the employer when your injury occurs, you are entitled to the benefits under Workers’ Compensation.
Contact Beck Law, P.C. to discuss your case with an experienced Queens Workers’ Compensation lawyer today.
Workers Comp vs. a Personal Injury Lawsuit — The Key Difference
Workers’ compensation is a no-fault system. You don’t prove your employer was negligent. You just prove you were hurt at work. In exchange, your employer gives up the right to raise negligence as a defense — and you give up the right to sue your employer in civil court. It’s a trade.
What the system doesn’t cover: pain and suffering. The full amount of your wages. Non-economic losses of any kind. Workers’ comp is designed to be efficient, not generous.
The third-party claim exists outside that trade. If a vendor, a subcontractor, a property owner, an equipment manufacturer, or any other party that isn’t your employer was responsible for what happened to you, you can sue them in civil court for the full range of damages. Workers’ comp and a personal injury settlement can both be collected — they’re not mutually exclusive.
Who Might Be a Third-Party Defendant?
- Property owners where you were working when injured — particularly relevant in construction under Labor Law 240 and 241
- General contractors or subcontractors on multi-employer job sites
- Manufacturers of defective machinery, tools, or safety equipment
- Delivery truck drivers or other vehicle operators who caused a work-related vehicle accident
- Building owners who failed to maintain safe premises where your work was being performed
What Do I Do After A Work Accident?
In order to protect the validity of your Workers Compensation case, it is very important that you document everything that takes place after your workplace injury. Below is a list of important key tools that you should take after being involved in a work injury:
- Report the Injury to Your Employer or Supervisor immediately: You have up to thirty (30) days to notify following your work place injury;
- Seek Medical Attention on the day of your work accident: Notify your treating physician’s that this injury happened on the job;
- Find a Doctor that handles Workers’ Compensation: Workers’ Compensation doctor’s are coded with the New York Workers’ Compensation Board.
- File Your Claim: You have two (2) years from the date of your work injury to file your Workers’ Compensation claim in New York. Contact the Queens Workers Compensation attorneys at BECK LAW, P.C. Our attorneys will evaluate your claim and inform you of your rights under Workers’ Compensation for free. Do not make the mistake of trying to handle this on your own.
Unfortunately, it takes one mistake to have your Workers’ Compensation case challenged. Employers use tactics with their insurance companies in order to avoid having their Workers’ Compensation insurance rate increase. Therefore, it is important that you contact an experienced Queens Workers’ Compensation lawyer at BECK LAW, P.C. immediately after a work place injury.
What Benefits Am I Entitled To After Being Involved In A Work Related Accident?
If you have been hurt at work, you are entitled to the following Workers’ Compensation benefits:
- Coverage for all Medical expenses associated with the injury;
- Lost wages (up to 66% of your salary); Medical Reports indicating your temporary degree of disability are needed to qualify for lost wage benefits.
- Ongoing care costs, as well as funeral expenses if an employee is hurt, becomes sick, or dies as a result of a work-related accident or illness;
- Monetary settlement compensation for permanent injuries from the work accident.
Ensure that your Workers’ Compensation benefits are in effect without the frustration of all the paperwork. Contact our office to speak with an experienced Queens Workers’ Compensation lawyer at Beck Law today.
Why Do I Need An Attorney?
Work place accidents create financial hardships, frustration and anguish. Do not let this process discourage you from fighting for what you are entitled to. Workers’ Compensation insurance companies know that self-represented individuals are not equipped with the legal background to fight back. The Queens Workers Compensation Lawyers at Beck Law, P.C. will make sure that your claim for lost wages and medical expenses are filed properly to ensure that your claim will be processed immediately. Our office will make sure that we handle the following on your behalf:
- Your medical treatment remains open until you fully recover;
- You receive the lost wages that you are entitled to under the New York Workers’ Compensation Law;
- You obtain maximum compensation for lost wage benefits and for your settlement.
Don’t let the insurance company bully you into taking a small settlement or intimidate you into thinking you don’t have a case. Talk to the knowledgeable Workers Compensation attorneys at Beck Law, P.C. about your Queens Work place Injury, and let us put our legal skills to work for you.
How Much Time Do I have To File My Claim?
In New York, you must file your Workers’ Compensation case within two (2) years following your work place injury. You are responsible for notifying your supervisor or employer about your work injury within thirty (30) days following the accident date. Failing to do so bars the injured individual to pursuing a Workers’ Compensation claim.
Do not jeopardize your rights and avoid the frustration of waiting for your lost wage checks. Contact an experienced Queens Workers’ Compensation lawyer today to discuss your case.
Common Workplace Injury Scenarios We Handle
- Construction accidents — falls, scaffold collapses, falling objects, electrocution
- Warehouse and distribution center accidents — forklift incidents, conveyor equipment, loading dock falls
- Slip and falls on commercial or industrial premises
- Delivery driver accidents — hurt in a vehicle crash while making work-related deliveries
- Repetitive stress conditions — carpal tunnel, shoulder and back deterioration from physical labor
- Chemical and hazardous substance exposure
- Machinery malfunctions and entrapment
Contact a Queens Work Injury Lawyer at Beck Law Today For a Free Consultation
If you or a loved one were hurt at work, do not wait until you are frustrated. You are entitled to getting your lost wages covered while you recover from your work place injury. The experienced Queens Workers Compensation attorneys are here to help. Contact us today for a free consultation.
FAQ
Questions About Workplace Injury Claims
My employer says workers' comp is my only option. Is that true?
Workers’ comp is your only option against your employer, yes. But if any other party contributed to your injury — a contractor, an equipment company, a property owner — they’re not protected by workers’ comp exclusivity. You can sue them. Many clients don’t learn this until it’s too late. Come in and let us look at the full picture.
What if my employer doesn't have workers' comp insurance?
Every New York employer with one or more employees is legally required to carry it. If yours doesn’t, there are still avenues for recovery — including claims directly against the employer and in some cases through the New York State Uninsured Employers Fund. Call us.
I got hurt driving for work. Do I have a workers' comp claim AND a car accident claim?
Very likely yes. If you were in a vehicle accident in the course of your employment, you probably have a workers’ comp claim for your medical bills and lost wages, and a personal injury claim against the driver who caused the crash. These run simultaneously. We handle both.
My employer is pressuring me to come back to work before I'm ready. What are my rights?
You have the right to follow your treating doctor’s recommendations about returning to work — not your employer’s preferences. If your doctor says you’re not ready, you’re not required to return. Pressure to return prematurely is something we deal with regularly. Document it and call us.
Can I still claim if the accident was partly my fault?
For workers’ comp — yes, it’s no-fault. For a third-party personal injury claim — New York’s comparative negligence applies, meaning you can recover even if partially at fault. Your compensation is proportionally reduced, but not eliminated.
