A workplace injury can upend your life, leaving you struggling with pain, lost income, and mounting medical debt. When it’s caused by negligence or unsafe working conditions, it’s crucial to have a skilled workplace accident lawyer on your side.
For over 40 years, Fellows Hymowitz Rice has been a steadfast advocate for injured workers throughout New York State. Our team of seasoned unsafe working conditions lawyers is dedicated to securing justice and maximum compensation for individuals who have suffered injuries due to negligent companies and unsafe work environments. We have extensive experience handling a wide range of work-related injuries and a deep understanding of labor law.
We understand the devastating impact that a work accident can have on your life. At Fellows Hymowitz Rice, we are committed to providing compassionate and aggressive legal representation to help you navigate this difficult time and fight for the compensation you deserve.
New York State has a strong legal framework designed to protect workers from unsafe working conditions. Both New York State Labor Law and the Occupational Safety and Health Administration (OSHA) set strict standards for workplace safety and health, with the goal of preventing injuries and ensuring a safe work environment for all employees.
When employers cut corners and put profits ahead of worker safety, the New York Labor Law provides powerful legal tools to hold them accountable. Here are some key provisions that directly benefit injured workers:
This law protects workers who are injured due to falls from heights or being struck by falling objects. If your employer fails to provide proper scaffolding, ladders, harnesses, or other safety equipment, they can be held fully responsible for your injuries — even if you were partially at fault for the accident.
Construction sites are inherently dangerous, which is why New York has additional safety requirements specifically for construction projects. This law covers hazards related to demolition, excavation, trenching, and fall protection. If your employer violated these specific safety regulations, you have a strong case for compensation.
This comprehensive set of regulations covers a wide range of industries and hazards, ensuring that workplaces are safe and healthy for all employees. From machinery guarding to chemical handling, these regulations exist to protect you from preventable injuries.
The Occupational Safety and Health Administration develops and enforces federal safety and health regulations across various industries. Under these laws, employers have a responsibility to provide a safe work environment for their employees. This means:
Identifying and Eliminating Hazards
Employers must proactively identify potential hazards in the workplace and take immediate steps to eliminate or control them. This includes providing adequate fall protection like safety nets and safety railing, as well as ensuring proper training on the use of equipment.
Training Employees
Employers must provide comprehensive training to employees on all aspects of workplace safety procedures, the proper use of equipment, and how to identify and report hazards. This is especially crucial in high-risk environments like construction sites and when working with heavy machinery.
Providing Personal Protective Equipment (PPE)
Employers must provide and require the use of appropriate PPE — such as hard hats, safety glasses, gloves, and respirators — free of charge to employees. They must also ensure that employees are trained on the proper use and maintenance of PPE.
Maintaining Equipment
OSHA requires employers to safeguard machinery in order to prevent amputations, crushing injuries, and other accidents. Employers must make sure all equipment is properly maintained, inspected regularly, and removed if found defective.
Investigating Accidents
Employers must thoroughly investigate all workplace accidents to determine the root cause and take corrective actions to prevent similar accidents from occurring in the future. This includes documenting the incident, interviewing witnesses, and reviewing safety procedures.
Here are some of the most common unsafe work conditions in New City:
The diverse range of industries in New York State and New City — from construction and manufacturing to healthcare and retail — means that many of these risks are often present and can result in injuries.
The types of injuries caused by a workplace accident can vary depending on the nature of the accident and the industry involved. However, some common injuries include:
No matter what kind of injuries you’ve suffered, it’s vital to seek legal help immediately after a workplace accident.
The aftermath of a workplace accident can be almost as stressful as the incident itself, but you don’t have to handle the legal issues alone. At Fellows Hymowitz Rice, we help injured construction workers in New City get compensation for all their injuries. Call us today!
If you are injured in a workplace accident due to unsafe working conditions, you may have several legal options.
You can file a complaint with OSHA alleging that your employer violated safety standards. OSHA will then investigate the complaint and may issue citations and fines to your employer.
Filing an OSHA complaint can help ensure that your employer takes steps to correct the unsafe condition and prevent future accidents. This option is particularly relevant if you believe that the unsafe condition that caused your accident is widespread and poses a risk to other workers.
Workers’ compensation is a no-fault system that provides benefits to workers who are injured on the job. These benefits include:
While you don’t have to prove that your employer was negligent in order to receive these benefits, workers’ compensation benefits are typically limited to a specific amount. However, you might be able to recover additional compensation through a personal injury lawsuit.
If your injuries are severe and you believe that your employer’s negligence was a direct cause of your accident, you may be able to file a personal injury claim. This option is common when the claimant’s injuries are severe, the employer’s negligence is clear, and workers’ compensation benefits are insufficient to cover the injured party’s losses.
To be eligible for a personal injury lawsuit, your personal injuries must meet the definition of a “serious injury” under New York law, which is as follows:
A personal injury claim can offer a much higher payout compared to workers’ comp. However, filing for a personal injury can be a complex and time-consuming process, so it is important to have an experienced attorney on your side.
If you are retaliated against for reporting unsafe working conditions or for filing a workers’ compensation claim, you may be able to file a whistleblower complaint. A whistleblower complaint can hold your employer accountable for their actions, protect your rights, and ensure that your employer does not punish you for speaking out about unsafe working conditions.
Several parties can be held liable for unsafe working conditions, including:
After an unsafe work environment accident, you may be entitled to compensation for your injuries and losses by pursuing legal action against these parties.
Unlike workers’ compensation, which doesn’t require proving fault, a personal injury lawsuit hinges on proving your employer’s negligence directly caused your injuries. That is, to win your case, you must demonstrate that your employer failed to uphold their responsibility to provide a safe work site by ignoring safety regulations, not providing necessary equipment, or failing to train employees adequately. Furthermore, there must be a clear link between your employer’s negligence and your injuries.
Proving negligence is difficult and requires gathering substantial evidence and dealing with legal issues, making it crucial to have an experienced New City unsafe workplace accident lawyer on your side. They can effectively investigate, build a strong claim, and fight for the compensation you deserve.
If you are injured in a workplace accident, you may be entitled to compensation for your injuries and losses, including:
While pursuing this compensation on your own is quite difficult, an unsafe working conditions lawyer on your side can make all the difference in the world.
Fellows Hymowitz Rice is dedicated to holding negligent employers accountable by:
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Don't let an injury define your future. Get the justice and compensation you deserve. Contact us today for a free consultation!
Fellows Hymowitz Rice is dedicated to protecting the rights of injured workers across New York State. Whether you were hurt in one of the far-too-common construction accidents in New City, injured on a factory floor in Yonkers, or harmed in an office building in Manhattan, our experienced legal team understands the complexities of workplace safety violations and their devastating consequences.
No matter where your New York workplace injury occurred, we’re here to provide the dedicated and personalized legal representation you need to recover.
You deserve compensation for your pain, suffering, and lost wages. What you don’t deserve is to shoulder the burden of a legal case on your own. Contact Fellows Hymowitz Rice today to discuss your New City work injury case for free!