Hurt at Work? Our Workplace Accident Attorneys Can Help
While you may be entitled to workers’ compensation benefits after an accident at work, many workplace injuries are far more complicated. To learn about all of your options following a workplace accident, our New York City work injury lawyers are here to help with third-party claims and lawsuits. Our work injury attorneys have years of experience handling workplace accident cases throughout New York, including a recent $9 million settlement for a workplace accident.
If you have suffered a workplace injury in New York City, contact the New York personal injury lawyers with Hecht, Kleeger & Damashek, P.C. right away. You can reach us online or by calling 212-490-5700 to set up a free case evaluation.
We offer free initial consultations and work on a contingency fee basis, so you don’t owe us anything unless we win your case.
On This Page:
Types of Work Injuries
What To Do If You’ve Been Hurt At Work in New York
After getting hurt in a workplace accident in New York, there are important steps to take.
Report the Workplace Accident
It may sound like common sense, but the first thing you should do after being injured at work is to report the injury to a supervisor. You can run into problems if you don’t realize that you are injured right away and some states have a short window to file an accident report.
See a Doctor
Like some car accident injuries, workplace injuries may become apparent after the initial accident. So it is important that you see a medical professional right away so they can properly asses you and give you the proper treatment that your injury/injuries need to begin healing properly.
Report the Injury
If an injury is discovered it’s important to report it. It is up to your employer to file a claim with their insurance company on your behalf and they can’t do this if the individual injuries are not reported.
Know your Legal Rights as a Worker
In certain circumstances, employees injured on the job can file a lawsuit in civil court to recover additional damages. Therefore, it’s important for injured employees to understand their legal rights.
Liability for Your New York Work Injury
If you are injured at work, your thoughts may immediately turn to filing a New York workers’ compensation claim.
If a coworker, supervisor, or another employee of your employer solely caused the incident, then your only way to recover compensation is through a workers’ comp claim.
Third-Party Liability
However, our New York work injury lawyers’ investigation may uncover that someone from outside of your employer’s business caused you harm. This is known as a third party, and it may be a:
- General contractor
- Subcontractor
- Independent contractor
- Vendor
- Manufacturer
- Distributor
- Retailer
- Pedestrian
- Motorist
When a third party is liable for the workplace accident and your injuries in some way, whether they were entirely or partly to blame, then you may pursue compensation for your injuries through a third-party claim. Also, under New York State Law, a Property Owner and General Contractor may be responsible for unsafe conditions at a construction worksite.
Workers’ Compensation After a New York Work Injury
Most employees in NY are covered by workers’ compensation insurance, which entitles you to specific benefits if they are injured. Workers’ comp is not a lawsuit and does not establish fault. When you file a workers’ comp claim, your employer’s insurance company covers your medical expenses. You can also receive a portion of your wages based on being considered temporarily, permanently, totally, or partially disabled. The medical coverage and wage benefits are often paid out over time or in some circumstances as a lump sum workers’ compensation settlement.
Third-Party Liability for a New York Workplace Accident
If someone from outside of your employer caused your workplace accident and injuries, then you should discuss pursuing compensation through a third-party liability lawsuit.
If you have a valid third-party claim, it is essential to consider pursuing it. The benefits you can receive through workers’ compensation are limited. They will not cover all of the expenses and financial losses you experience. Not to mention, there is no workers’ comp benefit dedicated to your pain, suffering, and emotional distress related to your injuries.
Compensation for Workplace Accidents in New York City
When a third-party claim is available, our New York work injury lawyers can help you to pursue full and fair compensation for your injuries, including compensation for:
- Medical and other related expenses
- Physical pain and suffering
- Emotional distress and mental anguish
- Disfigurement
- Disability
- Lost wages and reduced earning capacity
- Reduced quality of life or loss of normal life
- Loss of consortium
Statute of Limitations for Workplace Accidents in NYC
For every type of legal claim, there is a deadline. You cannot wait indefinitely to pursue workers’ compensation benefits or to file a third-party lawsuit after a workplace accident in New York.
How Long Do You Have to File a Work Injury Claim in New York?
In New York, you typically have two years to seek workers’ compensation benefits. Various factors can impact how long you have to pursue benefits through a workers’ comp claim, so it is important to talk with a work injury lawyer as soon as you can. Typically, you want to file a claim right away to ensure you receive your benefits right when you need them.
The New York statute of limitations for personal injury claims is usually three years. If you have a third-party personal injury claim, you have a bit longer to file than compared to your workers’ comp claim.
Not all third-party claims are straightforward personal injury lawsuits. If you have a premises liability, product liability, or wrongful death claim related to a workplace injury or death, you may face a different statute of limitations.
Common Types of Workplace Accidents in NYC
Our workplace injury lawyers represent individuals who have suffered injuries in:
Construction Accidents
At Hecht, Kleeger & Damashek, P.C., we are highly experienced in investigating construction accidents, identifying the at-fault party, and pursuing third-party claims. If you are a construction worker who was injured on the job, do not hesitate to call us to discuss your circumstances and best next steps.
Dangerous Job Sites
Construction workers are not the only New York employees to face hazardous work environments. If you work in NYC and were injured because of your work environment was not safe, connect with our work injury attorneys as soon as you can. A work injury lawyer can advise you of your options, including pursuing compensation through a third-party lawsuit.
Ladder & Scaffold Accidents
Many workers are injured in falls from ladders and scaffolding or when this type of equipment is defective and fails. If you were injured in a ladder or scaffolding accident, call our NYC work injury lawyers right away to discuss your options. We have helped workers injured in these types of accidents recover millions in settlements and court verdicts.
Crane Accidents
While cranes are a sign of an active construction industry and economy, they also create risks for workers and nearby motorists and pedestrians. Crane accidents can cause serious injuries and fatalities. If you were injured in a crane accident while at work, call our NYC work injury lawyers right away.
Forklift Accidents
Forklifts are a common vehicle on many work sites. When handled carefully by someone trained to operate the forklift, the vehicle is unlikely to cause anyone harm. However, a lot can go wrong when the person operating the forklift is not properly trained or becomes careless. Forklift defects can also lead to serious accidents and injuries. If you were hurt in a forklift accident, let us investigate the circumstances and determine your best options.
Transportation Accidents
Working in and around vehicles is dangerous. We handle many claims involving vehicle collisions, vehicle-pedestrian accidents, backup accidents, and other types of transportation-related injuries and fatalities.
Dangerous Machinery
Potentially dangerous tools, equipment, and machinery are necessary aspects of many industries and jobs. When working around electric, automatic, heavy, and other potentially hazardous machines, workers need to be properly trained, supervised, and careful. It only takes one moment of carelessness in the workplace for an accident or injury to happen. If you suffer an injury because of dangerous machinery, call our New York work injury lawyers right away.
Fires, Explosion, and Burns
Hazardous materials at work sites can lead to significant fires and explosions. Our works’ injury lawyers in Manhattan are here to represent you if you suffered severe burns and other injuries due to a fire or explosion that took place while you were working.
Electric Shock and Electrocution
If you work around live electricity or with electric machinery and equipment, you face the risk of electric shock and electrocution. That risk should be mitigated by adherence to safety regulations and best practices. However, when someone else on your job site fails to follow the rules, your life is put in jeopardy. Call us right away if you are suffering from electric shock injuries or your loved one passed away due to work-related electrocution.
Toxic Chemical Exposure
Toxic exposure is being directly or indirectly in contact with a substance that poses significant health risks. Toxic substances can be found on all manner of job sites. Toxic substances may be airborne, liquid, or solid, and often enter the body through breathing or direct handling.
Mesothelioma
Mesothelioma is cancer found in the lining of the lungs, chest, or abdominal cavity. It is frequently associated with prior environmental or occupational exposure to asbestos. While exposure to asbestos has been an issue in work injuries for some time, asbestos in NYC gained a lot of attention after the 9/11 attacks because 400 tons of toxic asbestos was among the Twin Towers debris. If you’ve been diagnosed with Mesothelioma in connection to your employment or proximity to ground zero, contact us right away.
Common Workplace Injuries in New York
At Hecht, Kleeger & Damashek, P.C., we represent workers recovering from moderate, severe, and catastrophic injuries. Whatever the type and extent of your injuries, we are here to help. Some of the most common work-related injuries we handle include:
- Lacerations that cause scarring and disfigurement
- Ligament sprains, muscle and tendon strains, and other soft tissue injuries
- Concussions and traumatic brain injuries
- Herniated discs and other neck and back injuries
- Spinal cord injuries and paralysis
- Back Injuries
- Nerve damage
- Complex and simple bone fractures
- Shoulder Injuries
- Knee Injuries
- Dislocated and hyper-extended joints
- Crushed limbs and amputations
- Tendonitis
- Severe burns
- Respiratory injuries
- Sensory loss
- Carpal tunnel syndrome
- Hand-arm vibration syndrome
- Gunshot wounds
- Post-traumatic stress disorder
Frequently Asked Questions
1. Who Is Liable If I Was in a Car Accident While Working?
Although you can file workers’ compensation if you were in a car accident while working, you can also file a third party personal injury claim against the other driver for being negligent. Workers’ compensation may only cover part of your losses, but you can seek all of your damages in a third party claim.
2. What Are the Most Common Work Injuries in New York?
Some of the most common work injuries we handle include car and truck accidents, construction site accidents, slip and fall accidents, and other accidents that occur on a work site.
3. Who Should I Contact After a Work Injury?
You are required to notify your employer after a work injury, but you should also contact an experienced workplace accident attorney as well. Do not make a statement to any insurance company before talking to a work injury lawyer. We will evaluate your case and help you determine if you can make a third party claim for additional compensation to cover all of your damages.
Were You Hurt at Work? Call Our NYC Work Injury Lawyers
If you were injured while on the job, or a loved one died in a workplace accident, we recommend speaking to Hecht, Kleeger & Damashek, P.C. right away Our New York injury lawyers will thoroughly investigate the circumstances surrounding your work-related injury or relative’s death. We will advise you on your right to pursue workers’ compensation benefits and third-party liability compensation. We are here to guide you every step of the way, and we will always fight for the full benefits and compensation you are entitled to under the law.
Contact us through our online form 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