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A workplace injury can affect every aspect of your life. One moment you are earning a living, and the next you may be unable to work while facing medical appointments, rehabilitation, and uncertainty about your financial future. Fortunately, New York law provides important protections for employees injured on the job.
Whether you suffered an injury on a construction site in Manhattan, while making deliveries in Brooklyn, working in a Queens hospital, or performing maintenance in a Bronx apartment building, understanding your legal options is an important first step toward recovery.
At Lipsig, Freund & Wisell, PLLC, our work injury attorneys pursue the benefits available in your workers’ compensation case under New York law and determine whether you may also have a separate personal injury claim. We also challenge workers’ comp claim denials.
Understanding New York Workers’ Compensation Benefits
Most employers in New York are required to carry workers’ compensation insurance for their employees under the New York Workers’ Compensation Law. The system is designed to provide benefits to employees who suffer work-related injuries or occupational illnesses, regardless of who caused the accident.
Workers’ compensation benefits may include:
- Payment of necessary medical treatment through authorized healthcare providers
- Earnings replacement benefits if your injury prevents you from working
- Compensation for permanent impairments or disabilities
- Vocational rehabilitation in some circumstances
- Death benefits for eligible surviving family members following a fatal workplace accident
The New York State Workers’ Compensation Board administers the state’s workers’ compensation system, including benefit claims, hearings, and dispute resolution.
Common Workplace Injuries in New York City
New York City’s workforce spans nearly every industry, from office buildings and restaurants to hospitals, warehouses, construction sites, and transportation services. While every occupation carries different risks, some workplace accidents occur far more frequently than others. Common injuries our attorneys see in NYC workers’ compensation cases include:
- Falls from ladders, scaffolds, roofs, and elevated work areas
- Slip and fall accidents in offices, retail stores, and commercial buildings
- Injuries caused by falling tools, equipment, or building materials
- Machinery and industrial equipment accidents
- Vehicle collisions involving commercial drivers, delivery workers, and other employees traveling for work
- Repetitive stress injuries that develop over time
- Electrical injuries and severe burns
- Back, neck, and spinal injuries caused by lifting or overexertion
You May Be Entitled to File a Personal Injury Claim
Although workers’ compensation benefits are available regardless of fault, they are not always an injured worker’s only legal remedy.
Many workplace accidents involve negligent third parties who are not the employer. For example, a subcontractor may create an unsafe condition on a construction project, defective machinery may malfunction because of a manufacturing defect, or a delivery driver may be struck by another negligent motorist while making deliveries.
When someone other than your employer contributed to the accident, you may have a separate personal injury claim in addition to your workers’ compensation benefits. Unlike workers’ compensation, a third-party lawsuit may allow you to recover damages for losses that are not available through the workers’ compensation system, including pain and suffering.
What to Do After a Workplace Injury
The steps you take after a workplace accident can affect your ability to obtain benefits and protect your legal rights. If you suffered an injury at work, you should:
- Report the injury to your employer as soon as possible
- Seek prompt medical treatment from a provider authorized by the New York State Workers’ Compensation Board when required
- Follow your physician’s treatment recommendations
- Keep records of medical care, missed work, and accident-related expenses
- Speak with an attorney
Call a NYC Workers’ Compensation Lawyer Today
If you suffered an injury while performing your job duties, understanding your legal rights early can make a meaningful difference. When you work with Lipsig, Freund & Wisell, PLLC, we ensure you’re meeting filing deadlines, properly filing your workers’ compensation, and not leaving any compensation on the table if you qualify for filing a separate personal injury claim. Call our team today at (212) 285-3300 to explore your legal options after a workplace injury.