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According to Bureau of Labor Statistics there were over 4,000 fatal work-related or workplace accidents in 2009. The total recordable nonfatal occupational injury and illness incidence rate among private industry employees equated to 3.6 cases per 100 workers.
“If you or a loved one has been hurt in a job-related accident, we will ensure that you get the workers’ compensation benefits you are entitled to receive.”
In New York, a worker who is injured on the job is precluded from suing his employer or co-worker for injuries sustained due the negligence of the employer or a co-worker. The injured employee’s exclusive remedy against the employer is to file a claim for workers’ compensation benefits.
If another non-employer related party, however, is at fault for the accident, the injured worker is entitled to bring a claim against that party or parties for the damages sustained. This is what is called a “third-party claim”. In the event where a third party claim can be established, the workers’ compensation carrier is entitled to assert a lien for the benefits it paid to the injured worker against the proceeds of any settlement or judgment obtained from the third-party, less certain deductions allowed by the law.
A worker can be hurt on the job in a variety of circumstances. Some of these accidents include:
Workers may also be exposed to toxins, other dangerous substances, or repetitive stress activities. These types of injuries are known as occupational illness or disease and are covered under the New York workers’ compensation law.
Unfortunately, there are even times when a workplace accident results in the death of a worker or employee. In addition to workers’ compensation, distrubtees or heirs of the decedent may be entitled to bring a New York wrongful death claim or personal injury survival claim against any negligent third-party that may have been responsible for the accident.
If you or a loved one has been hurt in a job-related accident, we will ensure that you get the workers’ compensation benefits you are entitled to receive. We will also conduct a complete and timely investigation of the cause of the accident to determine whether a third-party was responsible.
If it is determined that a third-party was at fault for the accident, we will fight to get you the maximum compensation you deserve for your pain and suffering, lost wages, medical expenses, and other damages. We know how to fight for the rights of workers who are injured on the job.
Personal injury law is all we do. We get results!