Manhattan Workers Compensation

Each year New Yorkers suffered from thousands of injuries sustained while on the job. Under New York law, worker's compensation insurance provides benefits to workers who become ill, are injured, or die in the course of employment. In many cases workplace injuries occur due to a slip and fall accident while at work, being hit by flying debris in a construction accident, or in an auto accident that occurs while on the job. However, to be eligible for workers' compensation benefits it is not necessary that the injury was caused by a sudden accident. Some workplace injuries are caused by repeated physical motions such as a back injury from repeatedly lifting heavy boxes, or a respiratory condition from inhaling airborne chemicals over a period of time. However, it is required that the injury occur at work or that the injured be work related. If you or a family member suffered a serious injury in the court of employment, you may be entitled to compensation. Immediately contact an experienced Manhattan Workers' Compensation Lawyer who will review the details of your case and help you receive the benefits and compensation to which you are entitled.

New York workers' compensation law

New York's workers' compensation laws state that injured parties are entitled to compensation if they sustain a work-related injury. Compensation often comes in the form of medical expenses, lost income and benefits, loss of ability to earn, and more. New York's workers compensation laws are generally tailored to benefit employers by lessening their liabilities for work-related injuries sustained by employees. These laws work as an agreement between the worker and the employer – in exchange for giving up the right to sue when it comes to workplace injuries, employees are given the opportunity to receive compensation for medical expenses, professional rehab, and lost income.

Here are just a few examples of the common causes of workplace accidents:
  • Slip and fall accidents
  • Car, truck or motorcycle accidents
  • Exposure to hazardous substances
  • Injury from faulty, defective, or dangerous equipment
  • Violence on the job
Pursing damages

Under New York law workers' compensation benefits are the "exclusive remedy" for an injured employee. This means that an injured employee is entitled only to workers' compensation benefits and is generally barred from attempting to collect additional compensation through a common law personal injury lawsuit. The practical effect of this provision is that it limits the amount of money that an injured worker would be able to recover to whatever workers' compensation provides, which is likely significantly less than what a victim might be able to recover in a personal injury lawsuit. For example, if a worker wins a personal injury lawsuit, the worker could be awarded medical bills, disability benefits, job replacement benefits or wrongful death benefits. The worker may also be awarded additional compensation including damages for pain and suffering.

However, despite the exclusive remedy provision, injured employees do not always have to settle for only benefits from workers' compensation insurance. It depends on the type of accident that led to the injury and who was negligent. For example, if a workplace injury was caused by a defective product, the manufacturer of the product may be liable. The injured worker may then be able to receive workers' compensation benefits and also file a product liability lawsuit against the manufacturer of the product to recover additional damages. If the workplace accident was due to the negligence not of your employer, but due to the negligence of a third party, you may be able to sue the third party in a personal injury lawsuit.

Manhattan Workers' Compensation Lawyer

The moments immediately after a workplace injury, particularly a serious injury may be confusing. However, it is important that the proper steps are taken to preserve your rights under New Yorker workers' compensation law. It is therefore critical for you to contact an experienced workers' compensation attorney who can discuss the facts of your case with you and determine a course of action that will give you the best possible result. The staff at Stephen Bilkis and Associates has experience handling workplace injury cases and workers' compensation claims. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those injured in accidents in the following locations:

Contact Us for a Free Consultation
1-800-NY-NY-LAW (1-800-696-9529)