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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 2010, there were 4,690 workers were killed at work. As far as our New York personal injury and wrongful death lawyers are concerned that is 4,690 deaths too many. That is 4,690 families that should not be grieving for their loved ones. That is 4,690 honest people who went to work and never returned home. New immigrant populations continue to be disproportionately employed in hazardous and dangerous occupations. In 2010, OSHA reported that 707 Latino workers were killed in industrial accidents, which amounts to 13 deaths per week.

Our New York personal injury and wrongful death lawyers are committed to maximizing the compensation that our clients receive. 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. 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.

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.


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.


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.


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.


The New York General Municipal Law allows injured police and firefighters to sue anyone who negligently violated a law which caused the officer or firefighter’s injury. These include dangerous sidewalks, car accidents, truck accidents, building code violations, electrical code violations for dangerous and substandard buildings and violations of the alcohol and beverage control laws and security guard laws where officers are injured while breaking up bar and night club fights.

Our New York personal injury lawyers offer free consultations and from our Manhattan and New York offices, we represent victims of workplace accident victims in New York City, including Manhattan, Bronx, Brooklyn, Queens. Our accident attorneys have also represented numerous work place accident victims from Nassau and Rockland. We have successfully represented thousands of personal injury victims in accidents arising in the Bronx, Brooklyn, Queens, Manhattan, New York, New Rochelle, Bronxville, Mamaroneck, Ossining, Valhalla, Port Chester, Yonkers, Hartsdale, Valhalla, Mount Vernon, Scarsdale, Rye, Tarrytown, Greenburgh and Elmsford.

The Law Offices of Michael H. Joseph