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WORK PLACE ACCIDENT LAWYERS
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Work Place And Industrial Accidents
Work place and industrial accidents continue to injure and even kill innocent people, fathers, mothers, husbands and wives, who just show up to earn a paycheck to feed their family and often end up in the hospital or worse. According to the Occupational Safety and Health Administration in 2019, there were 5,330 workers were killed at work. As far as our New York personal injury and wrongful death lawyers are concerned that is 5,330 deaths too many. That is 5,330 families that should not be grieving for their loved ones. That is 5,330 honest people who went to work and never returned home. New immigrant populations continue to be disproportionately employed in hazardous and dangerous occupations. In 2020, OSHA reported that 1,088 Latino workers were killed in industrial accidents, which amounts to 20 deaths per week, which is a thirteen percent increase in Latino workplace fatalities, from the 2019..
One of the most frequent questions that our Westchester and NYC work place accident lawyers are asked is "Can I sue if I got hurt at work?" The answer is, that it depends. Most suits against an employer are barred by the New York Workers Compensation Law’s exclusive remedy provision. All employees who are injured on the job in New York are entitled to workers compensation benefits. However, there are often other defendants who are responsible for a work place accident. Of course, if your employer did not have workers compensation insurance, then you can sue your employer. Our New York accident attorneys are committed to thoroughly investigating every work place accident to determine whether there is a lawsuit against someone other than the employer. In a lawsuit, the injured employee is entitled to compensation well beyond what the workers compensation system provides. For example, in a lawsuit, you can recover money for pain and suffering, as well as compensation for a reduced earning capacity. Our New York personal injury and wrongful death lawyers are committed to maximizing the compensation that our clients receive.
There are a number of areas of law where someone other than an injured employee can pursue a third party case. A few examples are as follows:
New York’s labor laws make the general contractors and land owners responsible to comply with all of New York’s Labor Laws and a violation of any of the concrete Labor Laws is sufficient to hold the landowner or general contractor liable for the injury. Common examples include accidents involving slip and falls caused by dirty or debris ridden work sites, falls due to defective ladders, scaffolds, planks that are below OSHA rating, unguarded saws or saws that have defective or removed guards, electrocution accidents, excavation and heavy equipment accidents where workers are hit by excavators, bulldozers, buckets, or load being hoisted and trench accidents involving cave ins and inadequate bracing or shoring. Our New York City and Westchester construction accident lawyers have decades of experience in representing injured construction workers who suffered workplace accidents because of unsafe site conditions, dangerous practices or defective or insufficient safety equipment.
Often workers have to go to other locations besides their own employer’s premises. When the place to which an employee has to go to a location and they are injured by a hazardous condition, such as a slippery substance on the ground such as ice, defective or dangerous stairs, broken floors and sidewalks. Also, where an employee is injured by a structurally dangerous condition such as defective stairs, the landlord may be liable, so long as the landlord is not the injured employee’s employer. Likewise, where an employee is injured coming into or exiting a business and while in a common area of a multi tenant building, the landlord may be responsible.
Many employees have to drive during the course of their work. Often the other driver and their insurance company may be responsible to compensate a car or truck accident victim, if the other driver was at fault. If you were injured while driving, you can collect workers compensation and still due the driver of the vehicle which was at fault, so long as it wasn't your co-worker. Our office has decades of experience in representing professional drivers who are injured in car and truck accidents, including Uber drivers, bus drivers, school bus drivers, commercial truck drivers and taxi cab drivers. If you were injured in a car or truck accident, while working, call our NYC and Westchester car accident lawyers today.
Often employees are injured because of a dangerous or defectively manufactured or negligently labeled or designed piece of machinery. In some cases, the equipment is sent out for repairs and the repairs were done improperly, which causes the equipment to perform in an unforeseeable manner which causes injury. In these cases the manufacturer, retailer or repair company may be liable for the injuries. Common examples include ladders that are below specifications, unguarded machinery such as saws and other equipment and tools which are defective. Our defective product attorneys have extensive experience in handling work place accidents involving defective and dangerous products.
If you were a police officer, and were injured in the line of duty, not only are you entitled to your full pay and medical treatment, you are also entitled to sue anyone who violated a law, which caused your injury. Common examples including violations of the Vehicle and Traffic Law for car accidents, violations of the property maintenance and building codes for dangerous premises cases and dram shop violations for injuries cause by intoxicated individuals, including bar assault and drunk driving accidents. If you were a police officer who suffered an on the job injury, call our NYC and Westchester police line of duty injury attorneys today.
Our NYC firefighter injury lawyers know that if you were a firefighter, who suffered an injury on the job, you can sue if the fire your injury was caused by any violation of law. Common examples include building owners using unlicensed employees to do electrical work, building owners who fail to keep their property in good condition in accordance with building codes. If you suffered personal injuries while fighting a fire, call our Westchester & NYC firefighter injury lawyers for a free consultation.
If you were a window washer and suffered a personal injury, while working on a commercial window washing job, in New York City or Westchester, call our Window Washer injury lawyers. New York law requires that building owners provide good scaffolds and ladders for you to perform your work, as well as rings for you to hook into, so that you can safely perform your job. If you fell while on a window washing job, because of an unsafe ladder, defective scaffold or because the building did not have the ability to provide you the fall protection you deserved, call our NYC window washing injury lawyers for a free consultation.
If you suffered an injury while delivering food for Uber or another food delivery service, while on a bicycle or motor scooter, call our NYC bicycle injury lawyers. No matter whether you were hit by a car, truck, or were hit by a car door that opened, our bicycle accident lawyers can get you compensation for your injuries. You have rights that you didn't even know about.
If you were working on a tug boat, barge, fishing boat, police vessel or any other vessel because of a co-workers negligence or because of a dangerous condition on the boat, you can sue the vessel owner and your employer for personal injury, under the Jones Act and the General Maritime Law. Our New York maritime lawyers have extensive experience in representing maritime workers in on the job injuries. Call our New York Jones Act lawyers for a free consultation.
If you suffered a roofing accident because you fell off of a roof, then you may be able to sue the property owner, if you were not provided with adequate fall protection, including harnesses and life lines. New York law requires that fall protection be provided to roofers who are either constructing a new roof or repairing a damaged roof. Likewise, if you were working on a roof that collapsed, then you can also sue the property owner. If you suffered personal injuries while performing roofing, call our New York roofing injury lawyers for a free consultation today.
If you suffered personal injuries while performing repairs on an elevator, because of a fall in the elevator shaft, then you have a lawsuit against the building owner. New York law requires that building owners provide repairmen with adequate fall protection when they are working over an unprotected height, including elevator shafts.
XII. SUBCONTRACTOR EMPLOYEES
Many employers now treat their employees as subcontractor to avoid paying taxes and benefits. In these cases the subcontracted party may sue the employer directly and so long as they did not receive workers compensation benefits, they can sue the employer directly.
On average there are 182 workplace fatalities per year. The most common causes of work place accidents are worker struck by machinery or equipment, workers caught in between, roadway accidents, exposure to harmful substances and fires or explosions. OSHA