- October 5, 2024
- Tucker Law
- Construction Accident
When you go to work each day, you expect the premises to be reasonably safe. Your employer has a responsibility to ensure you can do your job without worrying about injuries or hazards. In some industries, there’s an assumed level of risk. Construction workers, for example, understand that coming into contact with heavy machinery and power tools day after day does pose a risk. That doesn’t void an employer’s responsibility for safety, however.
If you’ve been injured because of your employer’s negligence, it’s essential that you understand your options and how you can pursue compensation. Most people know that if your employer has workers’ compensation insurance, it’s virtually impossible to hold them directly responsible, but are there any instances when their negligence can allow you to sue them? At Tucker Lawyers, we can help you understand your rights after a work-related injury.
Contact Tucker Lawyers by calling us at (516) 399-2364.
Employer’s Responsibility for Safety
Something our workers’ compensation lawyers want clients to know is that your employers must keep the work environment safe. They have a responsibility to all of their workers to ensure the worksite is free from serious recognized hazards and that employees are trained properly and have all of the required safety equipment.
New York requires that almost all employers provide workers’ compensation insurance to their employees. Independent contractors aren’t usually covered by workers’ compensation, but there may be exceptions. If employers don’t have this insurance, they’re breaking the law.
When Workers’ Compensation Isn’t Enough
Dealing With Serious Losses
Workers’ compensation is essential, but it may not be enough to cover serious injuries. It will cover medical expenses, but there are limits to the lost wages you can receive. New York workers’ compensation only offers two-thirds of your average weekly wage multiplied by the percentage of disability you’re facing. If your disability is gauged to be at 50%, for example, and you make an average weekly wage of $600, you’d receive $199.80 per week from workers’ compensation. That’s a significant drop in income.
Workers’ compensation also doesn’t allow you to recover non-financial losses, like pain and suffering. After suffering a catastrophic injury that doesn’t allow you to live your life as you used to, not being able to claim non-financial losses can be a serious issue. So what options do you have to help you get through this difficult time?
Proving Employer Negligence
It’s essential to know that the vast majority of the time, you won’t be able to file a lawsuit against your employer. The exchange they make by offering workers’ compensation is that they’re protected from being sued for injuries that occur at their worksites. In rare instances, however, you may be able to prove that your employer was grossly negligent and their conduct led to devastating consequences.
One instance when this may be the case is if your employer ignores safety standards or doesn’t provide safety equipment. If your employer removed any safety guards from equipment and you suffered injuries because of it, you may also be able to file a claim against them because of construction safety violations.
As with other types of claims, you will have to prove negligence, which means establishing that your employer owed you a duty of care and breached it. You then have to show that the breach led to the losses you suffered. You will need evidence to prove all of this, which isn’t always easy to get, especially if you’re battling injuries. That’s one of the reasons why having an attorney is essential.
At Tucker Lawyers, we have helped clients recover millions in settlements and jury awards.
Legal Options for Injured Workers
Aside from workers’ compensation, you can file lawsuits against those who were responsible. As mentioned, that’s typically only possible against employers if they committed safety violations, but there may be others who played a role in the accident that led to your injuries. If equipment malfunctioned, you may be able to hold the manufacturer responsible. Contractors who have hired people who don’t have the right experience or training can also be held liable.
Unlike workers’ compensation, lawsuits require that you prove fault, but they offer significant benefits. Aside from receiving coverage for all of your medical expenses, you receive compensation for your full wages, as well as for the earning potential you’ve lost. Crucially, you can also get compensation for the pain and suffering you’ve experienced.
If you’re filing a lawsuit against anyone other than your employer, you can also pursue a workers’ compensation claim at the same time.
Protecting Your Rights
To have the best chance to receive the assistance you deserve, you must protect your rights with the help of an experienced lawyer. At Tucker Lawyers, we will conduct a thorough investigation and gather the necessary evidence to ensure you follow the appropriate claim type. We’ll look closely into your employer’s actions to see if it’s possible to pursue a claim against them or a third party.
If you choose to pursue a lawsuit, we’ll fight for your rights by negotiating with insurance companies to maximize your settlement. If necessary, we’ll also take your claim to court and fight on your behalf there.
With a lawyer helping you, you can receive the support you need through the process. You deserve to have people by your side who will offer guidance and encouragement when you need them most. That’s what we do at Tucker Lawyers.
Contact Tenacious New York Attorneys
Tucker Lawyers Offers Dependable Representation
Dealing with medical bills and missed work days because of employer or third-party negligence can leave you overwhelmed and feeling helpless. We’re here to offer support. At Tucker Lawyers, we’ve represented clients who’ve experienced employer negligence and pursued claims against them. Because it’s tough to prove that employers acted in a way that goes beyond what workers’ compensation covers, you need to have experienced attorneys helping you.
Schedule a free consultation with one of our lawyers by calling us at (516) 399-2364.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]