You Are Entitled To Workers’ Compensation
If you are a New Yorker, you have the guaranteed right to recover from any injury suffered at work, under any working condition, without having to go out of pocket.
At Bangel, Cohen & Falconetti, LLP, 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 with you so you can have the confidence that we will get you the compensation and care you deserve.
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 work, or happened on a construction site, then you may have the option of a 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 are the result of actions that cannot be attributed to you or your employer. Since the fault lies elsewhere, it may be necessary to file a lawsuit to recover damages.
You should not be afraid to file a claim for workers’ compensation benefits. It is illegal for your employer to discriminate against you for the filing of a claim. And remember, it’s your employer who must provide this benefit for you. So it’s no different from any other benefit like accrued time, pension rights or health benefits. Don’t ignore the benefits that you are legally entitled to.
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 what they need to do. Contact us to speak with an attorney at our office in Queens. We offer free consultations and work on a contingency basis so you will not be charged a fee unless we produce results. Our number is 718-446-4400.