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Why You Need a Work Injury Lawyer

Do I Need a Lawyer If I Get Hurt at Work?

Many companies boast the number of days they have gone without a workplace accident. However, a recent article that appeared in the Times Union points out that this may not necessarily be accurate. When an employee is injured on the job, some companies fail to report the accident. As noted in the Times Union article, a company who once touted itself as one of “the region’s healthiest workplaces” was found to have covered up a workplace accident. Not only is this morally wrong, but it is also illegal. When workers get injured on the job, it is crucial that they talk to an attorney to ensure they get the benefits and other compensation they deserve to make up for the impact on their livelihoods and their lives.

Dreyer Boyajian LLP has been serving injured workers for over 30 years. Our firm maintains a strong focus on assisting the victims of construction and industrial accidents.

There are some situations where you may be able to handle a work injury claim on your own. However, if you have been seriously hurt on the job, there are a few reasons to consider hiring a lawyer:

1. Workers’ Compensation Is Complicated

The laws governing job injury claims are often difficult to understand. You have a limited time to file a claim (the statute of limitations in New York is 2 years), and your rights and obligations under workers’ compensation can be overwhelming.

If you are unsure how to proceed after being hurt at work, it is in your best interest to contact a work injury lawyer.

2. You May Be Facing Long-Term or Permanent Disability

One of the most devastating outcomes in any workplace accident is an injury that renders you unable to perform your job. You may need to be reassigned to light or limited duty to accommodate your change in physical ability. If your injury is severe, you may be unable to return to your prior job. It may even be impossible for you to work at all.

You deserve compensation for the disability you suffer due to a workplace injury. Workers’ compensation provides benefits for disabled workers. Unfortunately, these benefits only represent a portion of the income you would have earned if you were able to work. By statute, disability benefits also end after a maximum number of weeks.

Due to the limitations of workers’ compensation, it is important to explore all your options for benefits and recovery. An experienced lawyer can help.

3. Workers’ Comp May Not Cover All of Your Losses

In the event of a minor work injury, your losses may only include medical bills. You may also be entitled to payments for lost wages if your injury keeps you from working for more than 7 days. However, if you are seriously injured on the job, you may face additional losses that are not covered by workers’ compensation.

A work injury lawyer can explore your options for recovering pain and suffering damages and compensation for other losses or even to pursue a third-party claim.

3a. What Is a Third-Party Claim?

Workers’ comp is a no-fault system. You don’t have to prove that your employer was at fault to receive benefits, and you generally forfeit the ability to sue by accepting workers’ compensation benefits.

But, if your job injury is the result of negligence of a third party, you may be able to recover full compensation through a personal injury claim.

Third parties that may be liable for an on-the-job injury include:

  • The owner of the work site
  • The owner of a facility where you are working
  • The contractor responsible for the safety of the site

New York Labor Law 240, also called the “Scaffold Law”, provides one example of the grounds a worker may have for a third-party action. This law assigns strict liability to construction site owners, contractors, and their agents for erecting and furnishing safe scaffolding for workers who perform job duties at heights. In the event of a scaffold accident, the owner or contractor may be liable if a worker is injured or killed.

Third-party actions are not confined to accidents involving scaffolding. Owners and contractors may also be liable for other dangerous conditions on a job site, including:

  • Slip and fall accidents
  • Objects falling from heights
  • Electrocution
  • Fires
  • Unsafe devices, machinery, and equipment

Workers may also be entitled to compensation through a third-party action for serious injuries suffered in work-related car accidents. If you were injured on the road in the course of your job, the at-fault driver may be liable for the injuries and other losses you suffer. 

Contact Our Work Injury Lawyers Today

If you or a loved one has been hurt at work and you are wondering about the options you and your family have for compensation, Dreyer Boyajian LLP is here to help. Our lawyers have decades of experience serving clients in work injury cases involving construction and other industries.

View Our Verdicts & Settlements.

Please contact a work injury lawyer at Dreyer Boyajian LLP at (518) 463-7784 today for a free consultation. Our lawyers serve clients throughout the Capital District, including Albany, Saratoga Springs, Troy, Schenectady, and other areas of New York.

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