We understand that workplace injuries can be devastating – both physically and financially. As experienced New York personal injury attorneys, we regularly meet hardworking individuals who are unsure about their legal options after being hurt on the job. While workers’ compensation is often the primary remedy for workplace injuries, there are important situations where you may be able to pursue additional compensation through a personal injury lawsuit. At Roth & Khalife LLP, we believe it’s crucial for injured workers to understand all their available legal options, as workers’ compensation benefits may not fully cover the true cost of a serious workplace injury.
What Defines a Workplace Injury?
A workplace injury is any injury or illness that occurs in the course of employment and is directly related to the work being performed or the work environment. These injuries can range from sudden accidents to conditions that develop over time. Under New York law, a compensable workplace injury must arise “out of and in the course of employment,” but this definition encompasses a broader range of scenarios than many workers realize.
Traditional workplace injuries often include slip and falls, machinery accidents, or injuries from lifting heavy objects. However, workplace injuries also cover less obvious situations, such as:
- Repetitive stress injuries developed from performing the same motion repeatedly, like carpal tunnel syndrome from extensive computer use or back problems from constant lifting
- Occupational illnesses caused by exposure to harmful substances or environmental conditions, including respiratory problems, skin conditions, or hearing loss
- Injuries sustained during work-related travel or while attending business functions
- Mental health conditions resulting from workplace stress, trauma, or harassment
It’s important to note that an injury doesn’t necessarily have to occur at your primary workplace to be considered a workplace injury. If you’re performing job-related duties – whether you’re making a delivery, attending a client meeting off-site, or working remotely – injuries sustained during these activities may qualify as workplace injuries.
At Roth & Khalife LLP, we’ve successfully represented clients with various types of workplace injuries, from acute traumatic injuries to long-term occupational diseases. Understanding what constitutes a workplace injury is crucial because it directly affects your right to compensation and the types of legal claims you may be able to pursue.
Who Can You Sue After a Workplace Injury?
Most employees know that workers’ compensation insurance generally prevents them from suing their employer directly for workplace injuries. However, at Roth & Khalife LLP, we frequently identify other responsible parties who may be held liable through what’s known as a “third-party claim.” Here are the key parties that injured workers may be able to sue:
Equipment Manufacturers
If your injury resulted from defective machinery, tools, or safety equipment, you may have grounds for a product liability lawsuit against the manufacturer. This includes cases involving:
- Manufacturing defects that made the equipment unsafe
- Design flaws that created unnecessary risks
- Inadequate warnings or instructions about proper use and safety hazards
Property Owners
When working at a site owned by someone other than your employer, the property owner may be liable if unsafe conditions led to your injury. This often applies to:
- Construction workers injured at building sites
- Delivery personnel hurt on customer premises
- Contractors working in commercial buildings
Subcontractors and Other Companies
On job sites where multiple companies are working simultaneously, another company’s negligence may have caused your injury. Common scenarios include:
- A subcontractor’s improper setup of scaffolding
- Another company’s employee operating equipment carelessly
- Unsafe conditions created by other contractors’ work
Vehicle Operators
If your workplace injury involved a vehicle accident, you may have a claim against:
- Delivery truck drivers
- Construction vehicle operators
- Other motorists who caused an accident while you were working
Chemical and Material Suppliers
Companies that supply dangerous materials to your workplace may be liable if:
- They failed to provide proper safety warnings
- The materials were mislabeled
- They supplied contaminated or defective materials
At Roth & Khalife LLP, our experienced attorneys thoroughly investigate workplace accidents to identify all potentially liable parties. This comprehensive approach often allows us to secure compensation beyond what workers’ compensation provides, helping our clients cover medical expenses, lost wages, pain and suffering, and other damages that workers’ compensation doesn’t address.
Remember, time limits apply to filing third-party claims, so it’s crucial to consult with an experienced workplace injury attorney as soon as possible after an accident. Contact our office today for a free consultation to discuss your legal options and ensure your rights are fully protected.
What Compensation May I Be Entitled To?
When you’ve been injured at work, you may be entitled to significantly more compensation than you realize. At Roth & Khalife LLP, we work diligently to help our clients recover every form of compensation available under New York law. Here’s what you may be entitled to receive:
Workers’ Compensation Benefits
- Weekly cash benefits for lost wages (up to two-thirds of your average weekly wage)
- Coverage for all necessary medical treatment
- Disability benefits for permanent injuries
- Vocational rehabilitation services
Third-Party Lawsuit Compensation
Unlike workers’ compensation, a third-party lawsuit allows you to pursue additional damages such as:
- Full lost wages and future earning capacity
- Complete medical expenses, past and future
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium for impacts on marital relationships
Construction Accident Special Provisions
New York Labor Law Sections 200, 240, and 241 provide special protections for construction workers, potentially entitling you to:
- Full compensation for gravity-related accidents
- Additional damages for violations of specific safety regulations
- Compensation even in cases where you may have been partially at fault
Social Security Disability Benefits
If your workplace injury results in long-term disability, you may also qualify for:
- Monthly Social Security Disability Insurance (SSDI) payments
- Medicare coverage after receiving SSDI for two years
- Supplemental Security Income (SSI) if you meet financial eligibility requirements
Our experienced attorneys at Roth & Khalife LLP understand how to maximize your compensation by pursuing all available sources of recovery. We carefully document your injuries, calculate future expenses, and work with medical experts to ensure that any settlement or verdict fully accounts for your long-term needs.
Can I Pursue Workers’ Compensation and File a Claim?
At Roth & Khalife LLP, we often hear this crucial question from injured workers. The answer is yes – you can potentially pursue both workers’ compensation benefits and a third-party lawsuit simultaneously. However, understanding how these claims interact is essential for maximizing your recovery.
How Dual Claims Work
When you’re injured at work, you can receive workers’ compensation benefits while pursuing a lawsuit against a third party. This dual approach offers several advantages:
- You receive immediate medical coverage and wage benefits through workers’ compensation
- You maintain the right to seek full compensation from responsible third parties
- You don’t have to wait for a lawsuit to conclude to receive essential benefits
Important Considerations
There are several key factors to keep in mind when pursuing both claims:
- Workers’ Compensation Lien: Your workers’ compensation insurer may place a lien on your third-party settlement or verdict. This means they may be entitled to recover some of the benefits they paid you if you receive compensation from another party. However, our experienced attorneys can often negotiate to reduce this lien, maximizing your overall recovery.
- Timing Requirements: Different deadlines apply to workers’ compensation claims and third-party lawsuits:
- Workers’ compensation claims must be reported to your employer within 30 days
- Third-party lawsuits generally must be filed within three years
- Certain claims, like those against municipalities, have much shorter notice requirements
- Coordination of Benefits: Our legal team carefully coordinates both claims to ensure:
- All deadlines are met for both types of claims
- Evidence is properly preserved and shared when beneficial
- Settlement negotiations consider the impact on both claims
- Your total compensation is maximized through strategic timing and negotiation
Let Roth & Khalife LLP Help Navigating multiple claims requires experienced legal guidance to ensure you receive maximum compensation while avoiding potential pitfalls. Our attorneys have extensive experience handling complex workplace injury cases involving both workers’ compensation and third-party claims. Contact us today for a free consultation to discuss your situation and develop a comprehensive legal strategy tailored to your needs.
Take Action to Protect Your Rights After a Workplace Injury
If you’ve been injured at work, time is of the essence. At Roth & Khalife LLP, our dedicated team of workplace injury attorneys has the experience and knowledge to help you navigate both workers’ compensation and third-party claims. We understand the complexities of workplace injury law and will fight tirelessly to ensure you receive the full compensation you deserve. Don’t let confusion about your legal options or concerns about legal fees hold you back – we offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we win your case. Contact our New York office today at 212-608-3015 or fill out our online contact form to schedule your free case evaluation. Let us help you protect your rights and secure your future while you focus on your recovery.