During a recent winter, a 17 year old female student was a passenger in a motor vehicle traveling on the north side of the Van Wyck expressway in Queens, New York.
Birth injuries are serious complications that can occur during the birthing process, potentially leading to lifelong challenges for the child. These injuries can range from minor bruising and swelling to severe, permanent disabilities, such as cerebral palsy or brachial plexus injury.
Common surgical errors include performing the wrong procedure, leaving foreign objects in the body, damaging vital organs, or causing infections. Such mistakes can lead to severe pain, disability, and even death.
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Our dedicated team of attorneys is committed to providing personalized legal guidance and aggressive advocacy to help you secure the maximum compensation for your injuries. Call us today for a free consultation to discuss your case.
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What Dangerous Accidents Can Happen in a Workplace?
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 Construction 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:
Insufficient or Faulty Bracing: Scaffolding must be properly braced to support the weight of workers and materials, as inadequate bracing can lead to collapse.
Overloading: Exceeding the maximum weight capacity of the scaffolding can cause it to buckle or collapse.
Lack of Proper Inspection: Regular inspections are essential to ensure that scaffolding is safe and in good working order.
Improper Use: Workers may not be adequately trained on how to safely use and maintain scaffolding, leading to accidents.
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
Falls from heights are another common workplace accident. These can occur from ladders, roofs, or other elevated work surfaces. Factors contributing to falls include:
Lack of Fall Protection: Workers must be provided with fall protection equipment, such as safety harnesses and guardrails, to prevent falls from heights.
Inadequate Ladder Safety: Ladders must be properly inspected, secured, and used correctly to prevent falls.
Slippery Surfaces: Wet or icy surfaces can make it difficult for workers to maintain their footing, increasing the risk of falls.
Inadequate Lighting: Poor lighting can make it difficult for workers to see hazards and navigate safely, increasing the risk of falls.
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 Accidents
Heavy machinery can malfunction or be operated unsafely, leading to accidents. Common causes include:
Mechanical Failure: Improper maintenance or defective parts can lead to equipment malfunctions, resulting in accidents.
Operator Error: Inexperienced or untrained operators can make mistakes that lead to accidents.
Lack of Proper Safety Procedures: Construction sites should have clear safety procedures in place, including traffic control and safe operating zones.
Inadequate Communication: Miscommunication between workers or between workers and operators can lead to accidents.
If you were injured because of negligence involving heavy machinery, you could be entitled to compensation.
Electrocution
Workers in some industries are at risk of electrocution from exposed wires, faulty equipment, and other electrical hazards. These accidents can occur due to:
Exposed Wires: Electrical wires should be properly insulated and protected to prevent accidental contact.
Faulty Equipment: Defective tools or machinery can create electrical hazards.
Wet Conditions: Water can conduct electricity, making it even more dangerous to work with electrical equipment in wet conditions.
Lack of Training: Workers must be properly trained on electrical safety procedures and how to identify and avoid electrical hazards.
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.
Material Handling Accidents
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:
Improper Lifting Techniques: Workers must be trained on proper lifting techniques to avoid injuries.
Inadequate Equipment: Using the wrong type of equipment or equipment that is not in good working order can lead to accidents.
Overloading: Exceeding the weight capacity of lifting equipment can cause it to fail, leading to accidents.
Lack of Supervision: Workers must be properly supervised to ensure they are using safe lifting practices.
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.
What Injuries Can Be Sustained in a Workplace Accident?
Workplace accidents can result in a wide range of injuries, including:
Head Injuries: Concussions, traumatic brain injuries, skull fractures.
Spinal Cord Injuries: Paralysis and loss of mobility.
Neck Injuries: Whiplash, herniated discs, and nerve damage.
Back Injuries: Spinal fractures, herniated discs, and muscle strains.
Bone Fractures: Broken bones in any part of the body.
Amputations: Loss of limbs due to machinery accidents or other traumatic events.
Burns: Thermal burns, chemical burns, and electrical burns.
Soft Tissue Injuries: Muscle strains, ligament tears, and tendonitis.
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.
Who Can Be Held Liable for Your Injuries?
Several parties can be held liable for workplace injuries, including:
Employers: Employers have a legal duty to provide a safe work environment and comply with safety regulations.
General Contractors: General contractors are responsible for overseeing the overall safety of the construction site.
Property Owners: Property owners are responsible for maintaining the safety of their property, including construction sites.
Equipment Manufacturers: Manufacturers can be held liable for defective equipment that causes injuries.
Other Workers: Workers can be held liable for their negligence that causes injuries to other workers.
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.
How Can Workplace Negligence Be Proven?
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.
What Should I Do Immediately After a Workplace Accident?
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.
What Is Workers' Compensation and How Does It Work?
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.
Can I Sue My Employer Even If I Receive Workers' Compensation Benefits?
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.
What Are the Time Limits for Filing a Workplace Injury Claim?
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.
How Do I Know If I Have a Strong Case?
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.
How Can a Work Injury Attorney Help You?
A work injury attorney can provide invaluable assistance in navigating the legal complexities of your case, including:
Investigating the Accident: Gathering evidence, interviewing witnesses, and obtaining accident reports.
Negotiating With Insurance Companies: Protecting your rights and ensuring you receive fair compensation.
Filing Claims: Completing necessary paperwork and meeting deadlines.
Litigating Your Case: Representing you in court if a settlement cannot be reached.
Maximizing Your Compensation: Seeking damages for medical expenses, lost wages, pain and suffering, and other losses.
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.
Rob Fellows is more than just a lawyer; he's a seasoned advocate and a respected leader in the legal community. With over 40 years of experience, he's earned a reputation for meticulous preparation, unwavering advocacy, and a genuine commitment to his clients.
Steve Hymowitz is a champion for the underdog, specializing in medical malpractice and construction accident cases. He’s known for his warmth and unwavering dedication, relentlessly pursuing justice for those who feel powerless against insurance companies.
Matthew brings an unparalleled level of energy and drive to every case, earning a reputation for achieving exceptional results. He goes beyond financial wins, building deep connections with clients and becoming a trusted advisor during their most difficult times.
Joanne Horowitz is a skilled legal strategist and a strong advocate for those facing injuries due to negligence, construction accidents, and medical malpractice.
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.
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