Staten Island Workers' Compensation
New York's workers' compensation system is designed to ensure that workers injured on the job receive benefits. Injuries in the workplace are quite common and frequently involve falls, vehicle accidents, accidents involving dangerous equipment, and even violence. However, while the law gives employees the legal right to benefits through workers' compensation insurance, such benefits are sometimes delayed or denied. If you were injured in a workplace accident, it is critical that you immediately contact an experienced Staten Island workers' compensation lawyer who will help ensure that you received the maximum benefits to which you are entitled through workers' compensation and through other types of claims.New York workers' compensation law
New York enacted a workers' compensation law that provides that injured workers have the right to benefits if they are injured while working. Such benefits include medical care, wage replacement, and vocational counseling. New York's workers' compensation laws were designed to benefit both employers and employees in that they limit employer liability by insulating them from personal injury lawsuit, while providing employees with a limited amount of benefits and compensation for work-related injuries.
While almost any type of workplace accident would likely be covered by workers' compensation, examples of common types of workplace accidents include:
- Falls. Falls can be slip and fall accidents in any type of work environment, or a fall from a height in a construction accident.
- Vehicle accidents. Employees who must drive cars, trucks, or buses may be involved in collisions and suffer injuries.
- Exposure to hazardous substances. Exposure to hazardous materials can lead to chemical burns and other injuries.
- Dangerous equipment. Accidents occur from incorrect use of dangerous equipment, failure to take safety measures when using such equipment, or from the use of defective equipment.
- Violence on the job. Workers getting into violent altercation can lead to serious injuries.
If you are injured at work and are entitled to workers' compensation, you may not be entitled to pursue a personal injury claim against your employer—even if your employer was clearly negligent. As a workers' compensation attorney in Staten Island will explain, New York's workers' compensation law includes an "exclusive remedy" provision designed to protect employers from the financial burden of having to pay substantial personal injury damages. The practical effect of this is that in most cases injured employees are barred from pursuing personal injury damages that would likely be significantly more than the benefits and compensation available through workers' compensation. For example, if a seriously injured worker wins a personal injury claim, the worker could be awarded compensation for medical expenses, lost income, and pain and suffering. On the other hand, benefits offered by workers' compensation are limited to medical expenses from an approved provider, a percentage of weekly wages, and vocational counseling.
There are, however, instances in which an injured employee may still have the right to file a personal injury lawsuit based on an injury sustained at work. For example, if the accident involved a defective product, the victim may have the right to file a defective product personal injury lawsuit against the equipment manufacturer.Example
Duow Sacco was employed as a salesperson for Mast Advertising when he injured his back. Succo hurt his back during a slip and fall accident when he slipped on ice during the court of his employment. In the Matter of The Claim of Duow Sacco v. Mast Advertising/Publ'g, 2010 N.Y. Slip Op. 2040 (N.Y. App. Div., 2010). Fortunately for Sacco he was eligible for workers' compensation benefits.Contact the Law Offices of Stephen Bilkis & Associates
Even though the law gives injured workers the right to workers' compensation benefits, there are rules and procedures that must be followed in order to receive such benefits. It is therefore critical for you to contact an experienced workers' compensation attorney who will review your case and determine a course of action that will give you the best possible result. The workers' compensation attorneys serving Staten Island at the Law Offices of Stephen Bilkis & Associates have years of experience handling workplace injury cases and workers' compensation claims. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.