Table of Contents
- 1 Understanding Work Injuries in New York
- 2 Work Injury Statistics in New York
- 3 What Types of Injuries Do Work Injury Lawyers Specialize In?
- 4 Workers’ Compensation Laws in New York
- 5 The Possibility of Third-Party Claims
- 6 Steps to Take After Sustaining a Work Injury
- 7 How a Work Injury Lawyer Can Help
- 8 Filing a Workers’ Compensation Claim
- 9 The Importance of Hiring a Work Injury Lawyer
- 10 Seeking Compensation for Medical Bills and Lost Wages
- 11 Dealing with Insurance Companies and Employers
- 12 How Long Does It Take to Resolve a Work Injury Case with a Lawyer in New York?
- 13 How Long Do I Have to File a Work Injury Claim in New York City?
- 14 What to Expect During a Work Injury Lawsuit
- 15 How to Choose a Work Injury Lawyer
- 16 What Is the Average Cost of Hiring a Work Injury Attorney?
- 17 What Determines the Success of a Case?
- 18 Explore Your Options After a Work Injury with Duffy & Duffy
When you’re recovering from a workplace injury, dealing with the workers’ compensation process (among other things) will probably be the last thing on your mind. In fact, you might not be in the right mindset to navigate this process, which is why our workplace injury lawyers are here to help.
In New York, workplace injuries happen far too often. Almost 200,000 workers are injured every year in New York State according to statistics. To make matters worse, a lot of injured workers don’t receive the compensation they’re entitled to. Don’t worry, though, because Duffy & Duffy Law is prepared to help you get the support and compensation you need.
In this article, we’ll be talking about the role of workplace injury lawyers in New York, as well as the different types of workplace injuries these lawyers handle. We’ll also be talking about the workers’ compensation process, and so much more — so stick around!
Understanding Work Injuries in New York
Work injuries can happen to anyone. It doesn’t really matter what your job is. Whether you work in an office, on a construction site, or in a warehouse, accidents happen all the time. When it comes to both your rights as a worker and your physical well-being, it’s important that you’re able to understand what qualifies as a work injury. Let’s take a closer look at some different types of work-related injuries below.
Different Types of Work-Related Injuries
You might be wondering what actually counts as a work-related injury. After all, workplace injuries aren’t all created equal (i.e. some are more severe than others). Here are some common examples of workplace injuries:
- Slips, Trips, and Falls: Slips, trips, and falls can happen anywhere. They often lead to serious injuries (like sprains and fractures). In extreme cases, falls can lead to brain injuries.
- Overexertion: Lifting heavy objects or frequently doing tasks that require you to strain yourself physically can cause back injuries. Especially repetitive tasks (like typing) can lead to chronic conditions like carpal tunnel syndrome.
- Struck by an Object: This type of injury is quite common in construction sites. This isn’t surprising, since heavy tools or materials may fall unexpectedly. This can lead to head injuries (especially if workers aren’t wearing their hard hats) or even broken bones.
- Machinery Accidents: Working with heavy machinery is dangerous. Even if you know what you’re doing, one little accident can lead to serious injuries (usually amputations or crush injuries).
- Exposure to Harmful Substances: If a worker gets exposed to harmful substances, they could potentially suffer from respiratory problems or even chemical burns. This is another reason why properly training employees is so important.
- Vehicle Accidents: Employees who drive as part of their job may be involved in traffic accidents. This happens more often than you might think, since, oftentimes, employees have to drive for long periods of time without resting.
Work Injury Statistics in New York
According to the Bureau of Labor Statistics, thousands of workers are injured on the job every year. Frankly, this isn’t something that gets talked about enough, so we’d like to shine a light on the issue. Here are some statistics that you might not be aware of:
Work-Related Injuries in Private Industry
In 2022, employers in private industries across New York reported 138,900 cases of nonfatal injuries and illnesses at work. Out of these, 91,600 were serious enough that the workers had to take time off, switch jobs, or work under restrictions.
There were 1.5 such serious cases for every 100 full-time workers. In New York, 91% of these serious cases involved workers taking at least one day off, which is higher than the national average of 67%.
Injuries and Illnesses in State and Local Government
In New York’s state and local government jobs, there were 53,900 reported cases of work-related injuries and illnesses in 2022. This translates to 5.6 cases per 100 full-time workers, which is higher than the national rate of 4.9. Most of these cases, about 81%, happened to workers in local government positions.
What Types of Injuries Do Work Injury Lawyers Specialize In?
Work injury lawyers are experts in helping people who get hurt or sick because of their jobs. These lawyers are dedicated to making sure workers get the right compensation and support they need to recover. They handle several different types of work-related injuries, but here’s a breakdown of the main areas they specialize in:
Traumatic Injuries
Traumatic injuries are serious injuries that happen suddenly — like breaking a bone, getting burned, or suffering a head injury. For example, if someone falls off a ladder at a construction site and breaks their leg, a work injury lawyer can help them get compensation for their medical bills and lost wages.
Repetitive Strain Injuries
These injuries develop over time from doing the same motion repeatedly. Some common examples include carpal tunnel syndrome, which affects the wrists and hands, and tendinitis, which causes pain in the tendons. A worker who types all day might develop carpal tunnel, and a lawyer can help them get the compensation they’re entitled to.
Occupational Diseases
Occupational diseases are illnesses that workers get from being exposed to harmful substances at work. For example, mesothelioma is a type of cancer that’s caused by exposure to asbestos. Not only that, but lung disease can result from inhaling toxic chemicals.
Psychological Injuries
Mental health issues can come up because of stressful or toxic work environments. Examples include severe stress, anxiety, or depression that’s caused by a hostile workplace or a traumatic event that happened at work (i.e. witnessing a serious accident). Lawyers in this field are able to make sure that workers get the mental health support and compensation they need.
Workers’ Compensation Laws in New York
In New York, workers’ compensation laws are designed to protect employees who get injured or sick because of their jobs. Most employers in New York are required to have workers’ comp insurance, which covers almost all types of workers. There are also special funds available for volunteers who helped with the World Trade Center rescue and cleanup after 9/11.
Generally, mental health claims are tough to win unless there’s also a physical injury or occupational disease present. For hearing loss, you need to file a claim within two years of the injury or within 90 days of realizing it was job-related.
Benefits Provided by Workers’ Comp
If you get injured at work or develop an illness because of your job, you might get several types of benefits. These benefits include wage replacement, medical treatment, and vocational rehabilitation. The wage replacement is usually two-thirds of your average weekly income.
While New York law doesn’t require your employer to keep your job open, the federal Family and Medical Leave Act (FMLA) might apply, which means your employer has to hold your job for you.
It’s also worth mentioning that New York employers have to provide disability benefits for off-the-job injuries, including pregnancy-related issues. These benefits can last for up to 26 weeks and are paid in cash. However, they don’t cover medical expenses.
Resolving Disputes Over Claims
If your workers’ comp claim gets denied, you can ask for a hearing with a workers’ compensation law judge. During this hearing, you or your lawyer can present evidence (like a doctor’s testimony about your injury or documents showing your weekly wages).
New York law protects you and any witnesses from being retaliated against by your employer for testifying. If you disagree with the judge’s decision, you or your employer can appeal within 30 days.
The Possibility of Third-Party Claims
In some cases, a third party may be responsible for your injury. For example, if you are injured because of a defective machine or a negligent driver while on the job, you may have a third-party claim. If this is the case, you may be entitled to additional compensation beyond workers’ compensation benefits.
Steps to Take After Sustaining a Work Injury
If you’ve just been injured at work, you might feel scared and overwhelmed. There’s no need to fret, though, especially if you know what steps to take next. By following these steps, you can make sure that you’re taking the right actions after getting injured at work. Here’s what you should do:
Seek Medical Attention
Your health should be your first priority. Get medical help immediately, even if the work-related injury doesn’t seem that bad. Keep in mind that some injuries can look or feel small at first, but may become more serious later if you don’t get treatment. This is why it’s important to get checked out by a doctor right away.
Report the Injury
Inform your employer about the injury as soon as possible. This is necessary for filing a workers’ compensation claim. Make sure to tell your supervisor or manager exactly what happened and how you got hurt.
Document Everything
Keep records of your injury, the medical treatments you receive, and any conversations you have with your employer or insurance company. Write down details about how the injury happened, and the symptoms you’re experiencing. Remember to save copies of all paperwork and emails that are related to your injury and claim.
Consult a Work Injury Lawyer
A lawyer can help you understand your rights and guide you through the claims process. Work injury lawyers specialize in dealing with workers’ compensation cases and can make sure you get the benefits you’re entitled to. These personal injury lawyers can also help if there are any problems with your claim (e.g. if it gets denied or if you’re not getting the medical attention you need).
How a Work Injury Lawyer Can Help
Getting injured at work can be really overwhelming. This goes without saying. However, a work injury lawyer can provide invaluable help in several different ways:
Legal Advice
A work injury lawyer will be able to clearly explain your rights and options under the law. They’ll make sure you understand what you’re entitled to and how the workers’ compensation process works. This is more important than you might think. These laws can be complicated, and you want to make sure you’re getting all the benefits you deserve.
Filing Claims
Filing a workers’ comp claim involves a lot of paperwork and deadlines. Your lawyer will make sure that all necessary paperwork is filed correctly and on time. This means you’ll be able to avoid any delays or mistakes that could affect your claim.
Negotiating Settlements
Insurance companies often try to pay out as little as possible. A lawyer can negotiate with insurance companies to get the best possible settlement for you. They’ll fight to make sure you get the right amount of money to cover your medical bills (and any other expenses related to your injury).
Representation
If your case goes to court, your lawyer will represent you and advocate for your best interests. Going to court can be intimidating, but having a lawyer means you’ll have someone experienced on your side who knows how to present your case and argue on your behalf.
Filing a Workers’ Compensation Claim
Filing a workers’ compensation claim can be a bit complicated. Here’s a simplified breakdown of this process:
- Notify Your Employer: Report the injury to your employer as soon as possible.
- Complete a Claim Form: Fill out the necessary workers’ compensation claim form provided by your employer.
- Submit Medical Reports: Provide medical documentation of your injury and the treatment you received.
- Await Decision: The workers’ compensation board will review your claim and make a decision.
The Importance of Hiring a Work Injury Lawyer
Some people wonder whether hiring a work injury lawyer is actually worth it. We’re here to tell you: it definitely is. Here are some reasons why you should consider hiring a work injury lawyer:
Expertise
They understand the complicated laws and regulations surrounding workers’ compensation.
Advocacy
Work injury lawyers will advocate for your rights and make sure you receive the full benefits and compensation you’re entitled to.
Stress Relief
Dealing with a work-related injury is stressful enough as it is. A work injury lawyer will handle the legal side of things, so you don’t have to.
Seeking Compensation for Medical Bills and Lost Wages
Medical bills and lost wages can add up quickly after a work injury. Workers’ compensation is designed to cover these costs, but navigating the system can be difficult. A work injury lawyer can help make sure that you receive compensation for:
- Medical Expenses: Including doctor visits, surgeries, medications, and rehabilitation.
- Lost Wages: Compensation for the income you lose while recovering from your injury.
- Future Earnings: If your injury affects your ability to work in the future, you may be entitled to compensation for lost future earnings.
Dealing with Insurance Companies and Employers
Insurance companies and employers might not always have your best interests at heart. They may try to minimize your compensation or deny your claim altogether. A work injury lawyer can handle all communications with insurance companies and employers. They’ll make sure that your rights are protected and that you receive fair treatment.
How Long Does It Take to Resolve a Work Injury Case with a Lawyer in New York?
This honestly depends on how complicated the case is, how severe your injury is, and whether there are any disputes. Typically, a straightforward worker’s compensation case will take a few months to resolve. More complicated cases — especially those involving major disputes or third-party claims — will take longer.
How Long Do I Have to File a Work Injury Claim in New York City?
In New York, you typically have two years from the date of the injury to file a workers’ compensation claim. That said, you should notify your employer as soon as possible after you get injured. Any delays in reporting your injury or filing the claim could potentially jeopardize your ability to receive compensation.
What to Expect During a Work Injury Lawsuit
Here’s what you can expect during a work injury lawsuit:
- Discovery Phase: Both sides gather evidence and exchange information.
- Depositions: Any witnesses involved may be questioned under oath.
- Mediation: There may be attempts to settle the case out of court through mediation.
- Trial: If no settlement is reached, the case goes to trial where both sides present their evidence and arguments.
- Verdict: The judge or jury will decide the outcome of the case.
How to Choose a Work Injury Lawyer
Choosing the right work injury lawyer is more important than you might think. It could honestly be the difference between winning and losing your case. Here are some tips for finding the best possible work injury lawyer:
- Experience: Look for a lawyer with experience in handling work injury cases specifically.
- Reputation: Check reviews and ask for recommendations from friends or family members.
- Communication: Choose a lawyer who communicates clearly and keeps you informed throughout the entire process.
- Resources: Make sure that the lawyer you choose to hire has the resources they need to handle your case effectively.
What Is the Average Cost of Hiring a Work Injury Attorney?
Most work injury lawyers work on a contingency fee basis. This means they only get paid if you win your case. This fee is typically a percentage of the settlement or award. You should discuss your lawyer’s fee structures during your initial consultation — that way, you’ll be able to avoid any surprises.
What Determines the Success of a Case?
When it comes to winning a work injury case, there are a few factors that can make a big difference. Let’s take a look at some examples below:
Evidence
Having strong evidence is very important. You need clear proof that shows how you got injured at work and how the injury affects your life. Evidence could include pictures or videos of the accident scene, or anything else that clearly shows what happened.
Legal Representation
Having an experienced lawyer on your side can greatly influence the outcome of your case. A good workplace injury lawyer knows the ins and outs of workers’ compensation law and can effectively navigate the system to get you the best result possible.
Documentation
Remember to keep records of everything. This includes documenting your injury, the medical treatments you received, and any other expenses you made that were related to your injury. The more detailed and organized your documentation is, the more likely it is that you’ll win your case.
Explore Your Options After a Work Injury with Duffy & Duffy
Duffy & Duffy is a well-respected law firm in New York. Our lawyers have extensive experience in work injury and workers’ compensation law. We’re committed to helping injured workers get the compensation they’re entitled to, so if you’ve recently been injured at work, don’t hesitate to reach out.
Our firm takes a client-focused approach — this means we want to make sure that each client receives personalized care. We also understand that each work-related injury case is unique. There’s no such thing as “one size fits all.” This is why we make an effort to work closely with clients to come up with a strategy that works well for them — no matter what type of workplace injury they’ve sustained.
If you’ve been injured while on the job in New York, you already have enough to deal with. Navigating the process of getting workers’ compensation on top of recovering from your workplace injury can be awfully overwhelming — but it doesn’t have to be. With the right legal representation, you’ll be able to make sure that your rights are protected.
Now that you have a better understanding of the role of workplace injury lawyers and the types of work-related injuries they specialize in, you’re ready to start the process of filing a workers’ compensation claim. Reach out to Duffy & Duffy today if you’d like to schedule a free consultation.