Have you been injured on the job?

If you are construction worker that has been hurt on the job, there are a few things you need to keep in mind.  The first is that, in most cases you can’t file a claim against your employer.  Because most employees are covered by Worker’s Compensation, they are eligible to receive payments for medical expenses and lost wages in the form of disability benefits when they are injured at work.

However, there are a number of other circumstances that may warrant a personal injury case.  Some common scenarios that may allow you to file a lawsuit include:
  • If you can prove your employer intentionally harmed you.
  • If your employer does not have worker’s compensation insurance in place.
  • If you work for a third party and are injured on their property or as result of their negligence.
  • If you were injured by a machine at your job and we can prove the machine had a defective design.
  • If you were injured by a toxic substance you may have a claim against the manufacturer of that substance.

When it comes to obtaining benefits, the type of injury you have is not as an important as the impact it has on your ability to do your job.  With that said, you must be prepared to prove your illness or physical injury is valid and preventing you from working.

As you can see, whether or not you have a case will depend on a number of factors. For example, we often represent workers injured on construction or excavation sites in suits against property owners and non-employer general contractors. Also, if you were working on property owned by another company and hazardous conditions existed on that property, the property owner could be liable if you sustain an injury on the job.   Lastly, if you were injured by a machine at work, you could bring action against the machine’s manufacturer for defective design. In any work-related injury, it’s best to consult with us and let us review the details to determine if you have a case or whether we can help you obtain workers’ compensation benefits.

Other Work-Related Accidents

Outside of the construction trade, workers are injured on the job every day.  These injuries can range from a slip and fall, to more serious like exposure to hazardous materials.  Whether you are a construction worker or not, if you’ve been involved and injured in work-related accident contact us.  We will review your case for free and evaluate your circumstances to determine what rights you are entitled to.

But won’t Worker’s Compensation cover my expenses after a work-related accident?

In most cases, Workers’ Compensation will cover your medical bills after a work injury.  It may also replace some of your lost wages. Also, it is important to remember that disability payments will not replace your full salary. In New York State, disability benefits typically cover 50% of your average wages, up to a maximum benefit of $170 per week.

If your family relies on your income as a means of paying expenses each month, receiving half your wages is going to cause financial stress.  Before your injury starts to impact your financial health, consult with an attorney from our team.

When should I contact an attorney?

If you’ve been injured in a work-related accident it’s best to contact us immediately following your accident.  There are a number scenarios that would allow you to bring a personal injury claim after a work-related accident.  If we review your case and determine that you do have a claim, you’ll need to be prepared to prove your case.  Having an experienced personal injury attorney on your side, helping you prepare the proper documentation will be critical in winning your case.  In the meantime, be sure to get checked out by a medical professional and document any medical attention you receive.

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    “It took almost two years to settle the personal injury suit. But during that entire time, Mr Kerr told me exactly what to expect, and it all went just as he predicted. I was able to buy a house with the initial payment, and feel secure knowing I will have a steady income for the future. It’s a great relief.”


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