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Workplace accidents can happen in a variety of settings, including construction sites, manufacturing plants, and trade settings involving hazardous conditions like electricity and toxic chemicals. Here are some common types of workplace accidents:
Scaffolding accidents are a leading cause of construction worker injuries. Improperly assembled or maintained scaffolding can collapse, leading to falls and serious injuries. These accidents can occur due to:
Due to the severity of the injuries that can result from scaffolding accidents, it’s vital to hold responsible parties accountable. Receiving compensation for your injuries can help cover the costs of your losses and deter future negligence.
Falls from heights are another common workplace accident. These can occur from ladders, roofs, or other elevated work surfaces. Factors contributing to falls include:
Employers have a responsibility to ensure that workers are properly trained in safety protocols and provided with the necessary equipment to avoid falls.
Heavy machinery can malfunction or be operated unsafely, leading to accidents. Common causes include:
If you were injured because of negligence involving heavy machinery, you could be entitled to compensation.
Workers in some industries are at risk of electrocution from exposed wires, faulty equipment, and other electrical hazards. These accidents can occur due to:
An electrical accident can result in injuries that require extensive medical care. We can fight on your behalf to obtain the compensation you need to pay for medical bills and other costs.
Accidents involving the handling of heavy materials can lead to serious injuries, such as back injuries, hernias, and crush injuries. These accidents can be caused by:
If you or a loved one suffered an injury at work because of another party’s negligence, contact us for a free consultation. We’ll work diligently to hold them accountable and make you financially whole.
Workplace accidents can result in a wide range of injuries, including:
Psychological injuries can also result from workplace accidents. These may include post-traumatic stress disorder, anxiety, and depression. Such injuries are equally deserving of compensation and can be included in your claim for damages.
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Many factors can contribute to workplace injuries, including:
Failure to provide a safe work environment is a primary cause of workplace injuries. This can include inadequate training, lack of safety equipment, and failure to address known hazards. For example, a construction company may fail to provide proper fall protection for workers on a roof, leading to a fall and serious injury.
Malfunctioning tools, machinery, or scaffolding can lead to accidents. This can be caused by poor maintenance, inadequate inspection, or design flaws. For instance, a faulty ladder may collapse under a worker's weight, causing a fall.
Slippery surfaces, exposed wires, and other unsafe conditions can pose significant risks. These hazards may be created by construction activities, weather conditions, or inadequate maintenance. For example, a construction site may have a pile of debris that creates a tripping hazard, leading to a fall.
Long hours, insufficient rest breaks, and pressure to meet deadlines can lead to fatigue and decreased alertness, increasing the risk of accidents. Workers who are tired may be more likely to make mistakes or take shortcuts, leading to injuries.
Inadequate oversight of workers can lead to unsafe practices. Supervisors may not be adequately trained to identify and address safety hazards, or they may not be present to enforce safety rules.
Several parties can be held liable for workplace injuries, including:
If more than one party contributed to your accident, we’ll collect evidence of their negligence and seek damages from each party. Our goal is to obtain settlements that fully compensate you for your losses and give you a sense of justice.
To prove negligence in a workplace injury case, you need to demonstrate that your employer failed in their legal duty to provide a safe work environment. This involves proving four key elements:
Your employer has a legal responsibility to protect you from harm in the workplace. This includes providing adequate training, supplying necessary safety equipment, maintaining a safe worksite, enforcing safety rules, and addressing known hazards promptly.
Your employer failed to fulfill their duty of care. This could involve neglecting to provide proper training, ignoring safety concerns, or allowing unsafe work practices to continue. For example, if your employer failed to provide fall protection equipment on a construction site, and you were injured in a fall, this could be considered a breach of duty.
Slippery surfaces, exposed wires, and other unsafe conditions can pose significant risks. These hazards may be created by construction activities, weather conditions, or inadequate maintenance. For example, a construction site may have a pile of debris that creates a tripping hazard, leading to a fall.
The employer's breach of duty directly caused your injuries. You must demonstrate a clear link between the employer's negligence and the accident that led to your injuries. For example, if you were injured while operating a faulty piece of equipment that the employer failed to maintain, this would establish causation.
You suffered financial or non-financial losses due to your injuries. These damages can include medical expenses, lost wages, pain and suffering, emotional distress, and permanent disability.
After a workplace accident, it's crucial to take the following actions:
Even if you feel fine, it's essential to get checked out by a doctor. Some injuries do not present symptoms until hours or days after the accident. Being examined by a doctor is important for documenting your injuries and ensuring you receive appropriate medical care.
Inform your supervisor or employer about the accident and follow your company's reporting procedures. This is crucial for triggering the workers' compensation process and ensuring there is a record of your accident.
Take photos of the accident scene, gather witness contact information, and keep a detailed record of your injuries and medical treatment. This documentation will be essential for building your case and supporting your claim for compensation.
Consult with a work injury attorney to discuss your legal options and protect your rights. An attorney can help you understand your rights, navigate the workers' compensation system, and pursue additional compensation if necessary.
Workers' compensation is a state-mandated insurance program that provides benefits to employees who are injured on the job. It covers medical expenses, lost wages, and other benefits, regardless of fault. This means that even if the accident was your fault, you are still entitled to workers' compensation benefits.
However, workers' compensation benefits are often limited, and you may be entitled to additional compensation through a personal injury lawsuit.
No, you cannot sue your employer after collecting workers’ compensation because these benefits are considered the sole remedy for workplace accidents.
In some scenarios, you may be able to sue a party other than your employer if they contributed to your accident. These are called “third-party lawsuits.” For instance, you may be able to sue a driver who caused an accident while you were driving a work truck.
There are strict time limits for filing workplace injury claims. In New York, workers must notify their employer of the injury within 18 days of the incident and file a claim within 2 years. It's essential to consult with an attorney as soon as possible to ensure you meet all deadlines.
It's best to schedule a free consultation with a work injury attorney to discuss your case and get an honest assessment of your legal options. An attorney can review the details of your accident, evaluate the potential liability of the parties involved, and advise you on the best course of action.
A work injury attorney can provide invaluable assistance in navigating the legal complexities of your case, including:
Attempting to obtain compensation from a workers’ comp claim on your own is not recommended. Insurance companies are notorious for using tactics that undervalue claims and provide insufficient compensation to workers. You deserve to receive the full monetary value of your losses, and we’ll work tirelessly to achieve that.
Don't let an injury define your future. Get the justice and compensation you deserve. Contact us today for a free consultation!
We serve clients across New York, from the bustling streets of New York City to the peaceful communities of Rockland County and beyond. We're here to help you wherever you are.
If you’ve suffered an injury at work, call Fellows Hymowitz Rice today for a free consultation. We’ll explain your options thoroughly and ensure that you feel confident as we embark on this journey together. Your best interests will always be our priority as we pursue the compensation you’re owed.