Workplace injuries can be catastrophic, if not severe. This is especially true for accidents that take place in industries like construction.
Steps to Take Following a Workplace Accident
In the immediate aftermath of a workplace accident, you may feel uncertain about what to do. Regardless of the circumstances surrounding your workplace injury, you must immediately take the following three steps:
Regardless of the type of injury sustained, it is essential to seek medical attention. To ensure that your workers’ compensation claim is successful, you should seek treatment from a provider who is approved by the Workers’ Compensation Board or your employer.
Following a workplace accident, you must inform your supervisor of the occurrence. Failure to do so may compromise your ability to recover damages.
In New York, you are required to inform your employer of your injury within 30 days of its occurrence.
Form C-3 is the application form for workers’ compensation benefits. This form must be completed as quickly and accurately as possible. This form must be submitted within two years of the accident, injury, or illness in order to receive the benefits to which you are entitled.
Sadly, the majority of initial claims for workers’ compensation benefits are denied. Occasionally, this is the result of minor errors or mistakes in the application documents.
An experienced workers’ compensation attorney will review your claim to ensure that you have the best possible chance of recovering benefits.
The Possibility of Further Legal Action
The majority of injured workers are eligible for workers’ compensation benefits, but these payments are less than the worker would have earned at the workplace.
As a result, injury victims may struggle to manage the resulting financial challenges. In certain situations, injured workers can file a second claim for financial compensation.
These are known as “third-party claims.” An employee forfeits the right to sue their employer when claiming workers’ compensation benefits.
However, if a third party is also liable for the damages, the victim can seek financial compensation from them. With a third-party claim, the injured party may seek compensation from a party other than the employer.
The state of New York has enacted special protections for construction workers, who are frequently injured on the job. If a faulty tool, machine, or vehicle caused your injury, you may be able to file a lawsuit:
- The maker of the item
- The company’s distributor
- The retailer Additionally
You should not be responsible for the financial and personal losses associated with an accident you did not cause. Consult with an experienced attorney to explore your options and pursue the financial compensation that is rightfully yours.
Common Damages in Third-Party Suits
If you file a lawsuit against a third party, you may be able to recover compensation for all of the harm you suffered. Examples of typical damages in cases involving workplace accidents include payments for:
- Physical suffering and pain
- lost wages due to absenteeism
- Medical expenses and costs
- emotional suffering and distress
- Trauma-related stress disorder (PTSD)
- Disability and disfigurement
- Reduced earning potential Retraining and more
Consultation with a New York City workers’ compensation attorney will give you the best chance of recovering the benefits and damages to which you are entitled.
Contact Our Personal Injury Law Firm
Contact Abrams Law Group for a free consultation if you’ve been hurt in an accident and require legal assistance.