Bronx Work Injuries
If you or a loved one suffer an injury at work, your first thought is probably to file a workers’ compensation claim. This is completely reasonable given that workers’ compensation laws cover most employees in New York, and after an injury at work, you should receive medical and wage benefits. However, many work-related accidents are more complicated than a single workers’ comp claim. If you were injured at work you may have a third-party liability claim. Through this option, a Bronx work injury lawyer can help you recover additional compensation.
To learn more about third-party liability lawsuits after workplace accidents, contact a Bronx personal injury lawyer from Hecht, Kleeger & Damashek, P.C. If you have a third-party claim, it is important not to pass it up. A workers’ comp claim will not provide all of the financial support you need or deserve.
You can reach us at 212-490-5700 or online to schedule a consultation.
Common Bronx Workplace Accidents
As a worker in the Bronx, you face all types of incidents and injuries. Our third-party liability lawyers in the Bronx routinely handle claims involving:
- Construction Accidents – It comes as no surprise that we are often contacted after someone suffers serious construction injuries. The construction industry is physically demanding and rife with hazards, particularly when employers do not adhere to labor laws and best practices. New York’s Labor Law puts the obligation to provide a safe place to work at a construction site on the owner and general contractor. If you or a loved one was injured in a construction accident, never hesitate to call a work injury lawyer to discuss your options.
- Ladder Accidents – Ladders are a standard workplace tool. However, their frequency of use does not make them inherently safe. If you were given a defective or poorly maintained ladder, you could get hurt when it collapses or tips over. We have also handled claims when people are given too short of a ladder for their required work or were not provided the proper fall prevention safety equipment.
- Scaffolding Accidents – The construction industry relies on scaffolding. If this equipment is not built correctly and maintained, it could collapse, causing serious injuries and fatalities. Our Bronx work injury attorneys have handled claims in which the proper fall protection equipment is not used with scaffolding as well.
- Crane Accidents – Cranes are a necessity in the construction industry as well as in other sectors. If cranes are not properly installed, balanced, and maintained, they can collapse. A crane collapse often leads to severe injuries and fatalities.
- Transportation Accidents – All types of industries require employees to drive to and from work sites or to work around vehicles. Working with or around vehicles always presents a hazard. One negligent driver could cause a significant collision. If you or a loved one was injured in a work-related transportation accident, call us right away.
- Dangerous Equipment – Many jobs require working with or around large pieces of equipment. While this machinery may be useful, fast, and efficient, it is never without hazards. You should call a work accident lawyer right away if you were injured due to a dangerous piece of equipment. We have handled claims involving defective and poorly maintained saws, nail guns, chisels, and drills, as well as much larger machines, like excavators and cranes.
- Slip, Trip, and Falls – One of the most common and dangerous types of workplace accidents is falling. At Hecht, Kleeger & Damashek, P.C., our work injury attorneys routinely handle claims arising from a worker tripping, slipping, stumbling and falling at work because of a negligently maintained and dangerous environment.
- Struck by/Caught by or Between Objects – Another highly common workplace accident is by struck by, caught by, or caught between objects while working. These objects may be vehicles, tools, other pieces of equipment or machinery, or other objects you encounter at work, including supplies and inventory. You should speak with a Bronx work injury lawyer if you suffered an injury in this way.
- Electric Shock/Electrocution – At this point, all employees work around electricity and powered equipment, though some employees have to deal with electricity on a routine basis, including construction workers, electricians, and utility workers. If your co-workers and others on the worksite do not adhere to safety regulations, you are at risk from suffering electric shock injuries. Our attorneys also handle fatal electrocution claims.
- Explosions and Fires – Fires and explosions may not occur as often as falls, transportation accidents, and scaffolding collapses, but they happen nonetheless and can lead to devastating injuries and deaths. Do not hesitate to call us if you were injured or your relative was the victim of a work-related fire or explosion in the Bronx.
- Hazardous Materials Exposure – Many employees work with or around hazardous materials daily. These materials needed to be stored, transported, handled, and used properly. When they are not, exposure could lead to severe injuries.
- Violence – Workplace violence is all too common now. If you were injured or a loved one was killed after being assaulted at work, contact us at Hecht, Kleeger & Damashek, P.C. immediately.
Common On the Job Injuries in The Bronx
We have worked with employees in the Bronx suffering from all manner of injuries, including:
- Severe Lacerations
- Ligament Sprains
- Shoulder Injuries
- Muscle and Tendon Strain
- Traumatic Brain Injuries
- Head Injuries
- Back and Neck Injuries
- Herniated Discs and Other Back Injuries
- Spinal Cord Injuries and Paralysis
- Nerve Damage
- Broken Bones
- Dislocated and Hyper-Extended Joints
- Knee Injuries
- Crushed Limbs
- Limb or Digit Amputations
- Disfigurement
- Tendonitis
- Burns and Disfigurement
- Vision Loss
- Hearing Loss
- Respiratory Injuries
- Carpal Tunnel Syndrome
- Hand-Arm Vibration Syndrome
- Gun Shot Wounds
- Shoulder Injuries
- Knee Injuries
If these injuries took place while you were working, they might be covered by a workers’ compensation claim. However, the legal analysis of your situation should not stop there. A Bronx work injury lawyer should thoroughly investigate the cause of the workplace accident and your injuries. If the at-fault party is a person or business separate from your employer, then you also have a third-party liability claim.
Watch videos on Workers' Compensation:
Third-Party Claims Differ From Workers’ Comp
When you are suffering from a work-related injury, or you lost a relative in a workplace accident, it is important to distinguish between your possible workers’ compensation benefits and a third-party liability claim.
Bronx Workers’ Compensation Lawyers
A workers’ compensation claim is an insurance claim — not a lawsuit. If you are covered by workers’ comp insurance and are injured because of your job, you are entitled to benefits. The counterbalance to this right is that you are typically not allowed to sue your employer.
You file a workers’ comp claim, and your employer’s insurance provider covers your medical expenses. You also may receive a portion of your wages based on temporary or permanent partial disability or temporary or permanent total disability. The medical coverage and wage benefits may be paid out over time or through a lump sum workers’ compensation settlement.
Third-Party Liability
Third-party liability is different. It arises when someone other than a co-worker, supervisor, or another employee with your company is responsible for your injuries. When someone from outside of your work caused you harm due to their negligence, recklessness, or malicious conduct, then you can file a lawsuit against that third party.
Through a third-party liability lawsuit, you can pursue compensation for several injuries that are not covered by workers’ comp. When we handle third-party claims, we strive to obtain the maximum compensation possible for your:
- Medical Expenses
- Lost Wages and Benefits
- Other Injury-Related Expenses
- Physical Pain and Suffering
- Emotional Distress
- Permanent Disfigurement
- Disability
- Reduced Earning Capacity
- Loss of Normal Life
- Diminished Quality of Life
- Loss of Consortium
- Past & Future Medical Expenses
Who Is a Liable Third Party?
Before you can determine whether you have a third-party liability claim in addition to workers’ compensation, you need to understand who qualifies as a third party.
If the same business employs the individual responsible for your work-related accident and injuries as you, then that individual is not a third party.
An individual or business that is entirely separate from your employer is a third party. This can include, but is not limited to:
- Subcontractors
- Independent Contractors
- Vendors
- Motorists
- Manufacturers
- Retailers
- Property Owners
- General Contractors
- Management Companies
- Maintenance Companies
- Security Companies
The best way to determine if you have a valid third-party liability claim is to talk with a Bronx work injury lawyer. Our experienced work injury lawyers at Hecht, Kleeger & Damashek, P.C. are here to investigate the workplace accident, identify the at-fault party, and analyze the validity of a third-party claim. If someone from outside of your employer is responsible for your injuries, we are here to fight for you to receive full and fair compensation.
New York Statute of Limitations on Work Injuries
After being injured at work, you should speak with an attorney as soon as possible. There are legal time limits on how long you have to pursue workers’ compensation benefits and to file a third-party liability claim. To protect your claim to workers’ comp benefits, you need to inform your employer within 30 days of the injury or diagnosis and start your claim as soon as possible.
If you wish to file a lawsuit against a third party, the New York personal injury statute of limitations is typically three years from the date you are injured. Furthermore, in cases against municipalities and New York State, the statute of limitations is much shorter.
There is also a requirement that prior to filing a lawsuit, a Notice of Claim be filed within 90 days of the accident. A wrongful death claim must be brought within one year and 90 days. Like with a workers’ comp claim, it is better to be proactive and move forward with your third-party liability lawsuit as soon as you can.
Contact Our Bronx Work Injury Attorneys
After suffering an injury while on the job, it is important to gather accurate information about your rights and legal options. Only by being fully informed can you make the best decision for you and your family, and in most cases, obtain the maximum compensation for your injuries.
Hecht, Kleeger & Damashek, P.C. is dedicated to ensuring workers know their rights and options under New York laws, including the right to file a third-party liability claim.
Contact us or call 212-490-5700 to schedule your free work injury consultation.
CLIENT REVIEWS
05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike, HKD CLIENT
05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
5
Steven, HKD CLIENT
06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
5
Anonymous, HKD CLIENT
07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike W., HKD CLIENT
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
5
Steven B., HKD CLIENT
07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
5
Wendy B., HKD CLIENT
07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
5
Eric G., HKD CLIENT
07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
5
Ryan G., HKD CLIENT
07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
5
Michael R., HKD CLIENT
07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
5
Peter M., HKD CLIENT