If you are a New Yorker, we will fight for your right to recover from any injury suffered at work, under any working condition, without having to go out of pocket.
At Bangel, Cohen & Falconetti, our team of experienced lawyers has been helping the injured get back on their feet after workplace accidents since 1997. You have our undivided attention, and we work closely with you to understand your circumstances and pursue the benefits and care that may be available to you.
What You Need To Know About Workers’ Compensation Benefits
A common misconception of workers’ compensation is that it involves filing a lawsuit against your employer. The truth is, when the Workers’ Compensation Law was passed by the Legislature in 1914 employers were mandated to provide workers’ compensation insurance coverage for their employees regardless of fault. However, in exchange employees gave up the right to sue employers for negligence resulting in an injury. But, if your injury was caused by the negligence of a person or entity outside of the company you work for, or happened on a construction site, then you may have the option of filing a lawsuit in addition to a claim for workers’ compensation benefits.
Circumstances that may lead to a separate lawsuit because of an injury at work are commonly referred to as third-party liability injuries. Third-party liability cases can involve:
- Injuries caused by visitors to your workplace, such as customers, delivery people or unauthorized personnel.
- Injuries caused by improperly labeled toxic products used by your employer.
- Injuries caused by defective tools supplied by your employer.
- Injuries sustained at a construction site.
These injuries can be the result of actions that cannot be attributed to you or your employer. Since the fault could lie elsewhere, it may be necessary to file a lawsuit to recover damages.
You should not be afraid to seek workers’ compensation benefits if you believe you may be eligible. Workers’ compensation is a separate statutory insurance system that provides benefits to eligible employees who suffer work-related injuries or illnesses. New York law also prohibits an employer from discriminating or retaliating against an employee for filing a workers’ compensation claim. If you have questions about your rights or whether you may qualify for benefits, speaking with an experienced workers’ compensation attorney can help you understand your options.
Knowledge To Act
Workers’ compensation is a large and complicated topic. It is a system built to help workers, but those most in need often know the least about their rights and what they need to do. Contact us to speak with an experienced workers’ compensation attorney at our office in Queens. We offer free consultations, and there are no upfront attorney fees. Call us at 718-446-4400 to get started.
