Is Workers’ Compensation Your Exclusive Remedy?
When you’ve been hurt on the job in New York, you have a right to file a workers’ compensation claim for benefits to cover lost wages and income, as well as any medical expenses incurred. Is that your only legal recourse? Let’s look at some of the other types of benefits or compensation and determine if they affect your right to workers’ compensation benefits.
Q: Can I choose to file a lawsuit instead of a workers’ compensation claim? Read More
Q: Can I file a civil suit and a workers’ compensation claim for the same injury?
A: Yes, provided you can show that your employer had some responsibility for your injury and that an unrelated third party also caused the accident in some way. Don’t expect to collect more than once for a specific loss, though. For example, if your medical expenses were reimbursed by workers’ compensation, you cannot recover those same losses in a personal injury lawsuit in court.
Q: Why would I choose to file a workers’ compensation claim instead of a civil lawsuit? Read More
Q: Can I receive unemployment compensation and workers’ compensation benefits at the same time? Read More
Experienced Queens, New York Workers’ Compensation Lawyers
At the law office of Pyrros & Serres, we offer more than five decades of combined experience to people throughout Queens and across the New York City metropolitan area who have suffered a workplace injury or illness. We emphasize personal service and attention, learning the details of your injury, as well as your goals, so that we can tailor our counsel to get the results you want. Many of our new cases come as referrals from doctors, lawyers and satisfied clients.
We offer comprehensive counsel to men and women who have suffered any type of work injury:
Workers’ Compensation Attorneys—Queens, New York
Filing a Workers’ Compensation Claim after a Construction Site Accident
It’s common knowledge that working on a construction site is one of the most dangerous occupations in the world. You can suffer serious injury in a fall, from a falling object, in a construction site motor vehicle accident, from a dangerous or defective tool or machine, or because of the carelessness or negligence of a co-worker. Fortunately, when you have been hurt on a construction job in New York, you have a right to seek benefits under the state’s workers’ compensation laws.
Though the workers’ compensation system may seem pretty straightforward, many legitimate claims are initially rejected by workers’ compensation insurance companies. It’s in your best interests to retain experienced legal counsel as soon as possible, so that you get the benefits you need and deserve in a timely manner.
There are only two prerequisites to qualifying for workers’ compensation benefits—you must have been hurt and the injury must have occurred during the course of your employment. Injuries suffered on breaks are generally covered, as are injuries sustained while traveling for work. It’s a fairly common practice for general contractors to use undocumented workers or pay workers “under the table.” There’s no requirement that you be on a company’s payroll to recover workers’ compensation benefits.
It’s also important to understand that, while you have the right to pursue workers’ compensation benefits, you may also have the right to file a civil lawsuit and seek damages. The workers’ compensation laws address only the liability of your employer or a co-worker. If your injury was caused by an unrelated third party—the manufacturer of a defective tool or the driver of a vehicle, for instance—you may be able to simultaneously file a workers’ compensation claim and a “third-party” action in civil court.
To learn more about your basic rights under the New York workers’ compensation laws, contact our office online or call us at 718-804-5406.
Workers’ Compensation and Construction Site Injuries
Experienced NYC | Queens | Bronx | Brooklyn Workers’ Compensation Lawyers
At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.
To learn more about the full scope of our practice, see our construction site injuries page.
Pyrros & Serres LLP
Bronx | NYC | Brooklyn | Queens Workers’ Compensation Attorneys