What Is a Third-Party Lawsuit for Work Related Injuries?
If you have suffered workplace injuries directly because of your job, you should be eligible to receive workers’ compensation benefits. However, if you have experienced a workplace accident due to the negligence of a person or a separate entity like a contractor or property owner, you may need to seek compensation by filing a third-party lawsuit against the liable party.
Workers’ Compensation vs Third-party Lawsuits
Third-party lawsuits and workers’ comp are two different paths available to individuals who have suffered injuries or damages in the workplace. Workers’ comp gives money for medical bills and lost wages without needing to show whose fault the injury was. It’s straightforward but has limits on what it covers.
Third-party lawsuits let injured workers sue others, like equipment makers or property owners, if their negligence caused the injury. Unlike workers’ comp, these lawsuits need proof of fault. Winning can mean more money for pain, suffering, and other damages, but the process can be complicated. Knowing about both options is important for injured workers to get the right help.
How Workplace Injury Lawyers in New York to Defend You
One of the most important legal developments of the past century has been the remarkable expansion of workers’ rights. In particular, positive changes have been made to workplace safety and work injury rights. Most work-related injuries that occur on the job now will make a worker eligible for financial assistance to help them cope with the consequences.
If you’ve been injured on the job, a work injury lawyer in NYC will review your case details and assist you in navigating the legal process. Our goal is to represent injured workers in personal injury cases like yours with all our expertise and resources. We won’t collect any attorney’s fees until we deliver results.
What to Do After a Work Injury Due to Negligence
You may be reeling with questions after an accident or injury at work. How will I pay the medical bills, How long must I be out of work, How can I pursue the compensation I deserve? A workplace injury attorney can help you navigate the legal system and pursue third-party lawsuit settlement amounts that cover your expenses.
Don’t Go It Alone
We do not advise that people navigate the legal system alone. You are significantly less likely to receive the fair and full monetary compensation you deserve. Let an experienced job injury attorney fill out paperwork, facilitate phone calls with insurance companies, and handle negotiations. And we will not collect any attorney’s fees until we deliver for you.
Our Story: The Work Injury Lawyers at Hach & Rose
Since 2002, the work related injury lawyers at Hach & Rose, LLP have represented thousands of people in New York City and New York State. Over the last 15 years, we have earned a national reputation for excellence and are proud of the $250,000,000 we received in settlement verdicts, including work-related injury cases.
We Are Here for New York
For more than 15 years, Hach & Rose, LLP has been a fixture in the New York Community. Our attorneys were recognized in 2017 by Best Lawyers. Michael Rose boasts a 10-point AVVO rating and Gregory Hach is a lifetime member of the Million and Multi-Million Dollar Advocates Forum. We are members of the National Trial Lawyers Top 100, as well as America’s Top 100 High Stakes Litigation in 2017 and are lifetime charter members for the Best Attorneys of America.
If you or someone you love has been injured in workplace accidents, contact Hach & Rose, LLP for a consultation. We do not collect any attorney’s fees until we deliver for you. Contact us at (212) 779-0057, fill out contact form, or talk to us now in our online chat!
Why Choose Hach & Rose, LLP to Handle My Case?
- Experience – Hach & Rose, LLP was founded in New York City in 2002. Collectively, our attorneys have over 100 years of combined experience. Our legal team has years of experience in several different legal practice areas.
- Track record – The lawyers at our firm have an excellent track record for handling complex cases. We have successfully obtained substantial compensation for our past clients and are prepared to do the same for you.
- Client Satisfaction – Our mission is to provide quality legal representation and exceed the standard by treating our clients with sympathy and compassion. Read what our past clients had to say about our firm in their testimonials.
Work Place Injury FAQ
What should I do if I've been injured in a work accident?
If you suffer an injury in a workplace accident, it’s crucial to seek immediate medical attention and treatment. Report the incident promptly to your employer or supervisor.
Furthermore, it’s advisable to consult with a work injury attorney to fully grasp your legal rights and explore options for seeking compensation.
Am I eligible to receive workers' comp for my work-related injury?
In most cases, if you’re injured while performing your job duties, you qualify for workers’ comp benefits regardless of fault. These benefits typically encompass medical expenses, lost wages, and rehabilitation costs. However, navigating the workers’ comp process can be complex.
It’s advisable to seek guidance from a qualified work injury attorney to ascertain whether your case falls under workers’ compensation or warrants a third-party lawsuit.
What if my injury was caused by a third party, not my employer?
If a third party, like a subcontractor, equipment manufacturer, or property owner, caused your injury due to negligence, you may have grounds to pursue a third-party lawsuit in addition to workers’ comp benefits.
Under the guidance of an experienced work injury attorney, these lawsuits can help provide additional compensation for pain and suffering, along with other damages not addressed by workers’ comp.
How long do I have to file a claim for a work-related injury?
The time limit for filing a workers’ comp claim varies depending on the state and the specific circumstances of your case. In New York, you generally have two years from the date of your injury to file a claim. However, it’s essential to act promptly and consult with a work injury attorney to ensure compliance with all deadlines and requirements.
What if my employer retaliates against me for filing a workers' comp claim?
Retaliation by an employer for filing a workers’ comp claim is illegal. If you believe you’re experiencing retaliation, such as termination, demotion, or harassment, you should document the incidents and seek legal advice immediately. You have rights protected under state and federal law, and a workplace injury lawyer can help you take appropriate action to protect your interests.
The personal injury lawyers at Hach & Rose, LLP handle various worker related injuries claims including but not limited to:
Slip and Fall Injuries
Workplace injury such as slip and fall accidents, can happen when employers or employees neglect to maintain clean and clear workspaces, leading to spills or slippery substances, neglect in cleaning or clearing walkways, and other actions.
Slip and fall accidents can occur when:
- Failing to clear off ice or rain
- Failing to clean up chemical spills
- Failing to keep items cleared off of walkways
- Failing to clean up any leaks that could make walkways slick
Neck and Shoulder Injuries
While workers in physically demanding jobs face a higher risk of injury, various activities can also heighten the likelihood of neck and shoulder injuries. Serving food, stocking shelves, operating large drilling equipment, reaching for office supplies, shoveling, painting, and lifting are just a few examples. Even walking in an office can pose dangers when basic safety precautions are neglected.
Common workplace accident injuries to the neck and shoulder:
- Fractures
- Shoulder dislocation
- Whiplash
- Bursitis
- Pinched nerves
- Soft tissue injuries
- Spinal cord injuries
Back Injuries
Workers sustain Back injuries by lifting objects that are too heavy, lacking proper technique guidance, or due to employers failing to provide adequate safety advice. Back injuries are serious and can lead to secondary injuries, so closely monitor any back pain, even if it seems minor.
Some safety mistakes responsible for back injuries may include:
- Overworking employees responsible for heavy lifting duties
- Requiring employees to complete heavy lifting tasks at significant heights without assistance
- Failing to provide safety devices for employees who may sustain back trauma at work
- Failure to inspect or maintain work devices that may lead to back trauma if they malfunction
Leg and Knee Injuries
Repetitive motions, like frequent lifting of heavy objects, or sudden, unexpected accidents can cause immediate damage or lead to the development of leg and knee injuries over time.
Hazards that can contribute to knee or leg injuries, including:
- Trip hazards
- Uneven ground
- Falling debris
- Explosions
- Repetitive lifting or squatting
Head Injuries
If you sustain a head injury on the job, your employer should promptly recommend immediate medical treatment, as the condition may worsen over time if left untreated. Head injuries can necessitate significant medical care, potentially resulting in loss of mobility, severe pain, and even cognitive impairments.
An employer may be held responsible for these injuries in the following instances if:
- Construction safety standards for objects at a certain height or loose objects aren’t observed
- Building and ceiling fixture safety regulations aren’t followed
- Heavy objects are stored too high for employees to safely
- Sufficient safety headgear isn’t provided when needed
Occupational Illness
Occupational illness can develop when workers’ jobs put them dangerously close to potentially hazardous or unsanitary materials. Exposure to known irritants, gas, or chemicals can seriously impair employees and create long-term health issues. Illnesses may not show symptoms immediately but can develop over time.
Employer negligence has been linked with wide-ranging occupational illnesses such as:
- Failure to protect employees from excessive smoke or chemical gas inhalation
- Failing to provide meat packers with safety gear
- Not providing equipment to prevent dust inhalation in industries such as construction.
- Failing to provide safety gear to miners to protect them from coal worker’s pneumoconiosis (CWP), or black lung
- Not offering safety equipment to workers who handle common dermal irritants.
Stairwell Fall Accidents
As workers fall down a staircase, they can sustain multiple points of impact and numerous injuries on their descent. The building owner or property manager bears the responsibility for ensuring safe walking conditions on all stairways.
Some common stairwell fall accidents are due to the following:
- Worn or slippery surfaces, including carpeting and hardwood
- Outdoor stairs that are icy or wet
- Damaged or broken steps
- Lack of proper illumination
- Broken or damaged railings or handrails
- Dangerous, unstable, or broken risers
- Trips over items such as debris or tools
Elevator Accidents
Workers who service, clean, repair, or even work next to elevators face potential injuries like internal bleeding from catastrophic falls or even death.
Even apparently minor accidents can lead to more serious complications months or even years later. Seeking medical treatment immediately after the incident is crucial to ascertain whether more severe, unknown injuries exist.
Window Washer Accidents
Window washers have inherently dangerous jobs, as they scale the side of buildings, suspended above the ground below, attached to scaffolds on ropes, or by rigging on the rooftop.
Some common window washer workplace injuries are due to the following:
- Falls due to unguarded floor openings
- Static line failure or an unsecured line
- Malfunctioning personnel lift
- Tools and items that fall on pedestrians below
Painter Accident
Commercial painters face hazards that can lead to injuries due to falls, exposure to chemicals, or physical strains, among many other common injuries related to painting work. Painters commonly work on elevated surfaces, ladders, or scaffolding to perform their duties.
Some common painter accidents are due to the following:
- Slips falls, and trips on uneven ground or over debris
- Falls from ladders or scaffolding
- Exposure to chemicals
Workplace Injury Statistics
Recent 2022 statistics from the Bureau of Labor Statistics reveal that private industry employers reported 2.8 million nonfatal workplace injuries and illnesses in 2022, up 7.5 percent from 2021.
From 2021-2022, cases involving:
- Sprains, strains, tears: 547,980
- Injuries to the back: 250,830
- Falls, slips, trips: 450,540
- Total fatal work-related injuries: 5,486
Interestingly, a study from a 2013 PubMed academic journal states that while 30% of workers had reported either lost time from work or restrictions because of their injury, only 5% of all workers had an injury recorded in the the federally-mandated record-keeping log of work-related injuries and illnesses.
Work Related Injuries Case Results
The personal injury lawyers of Hach & Rose, LLP are familiar with the laws and regulations governing workers’ comp claims in New York City. With extensive experience in securing substantial verdicts and settlements for our clients, our personal injury lawyers stand ready to deliver the same results for you. We are committed to offering top-notch legal representation to alleviate your stress during this challenging period. Reach out to us at (212) 779-0057 or chat with us live on our website today.
Contact Us
The work injury lawyers of Hach & Rose, LLP are are experienced in recovering significant verdicts and settlements for our clients and are prepared to do the same for you. Call at (212) 779-0057, contact us online, or chat live with us on our website today."*" indicates required fields