New York Work Injury Lawyer

injured wrist in sling

Every day, hardworking New Yorkers risk their lives to build our city, deliver our goods, and keep our economy moving. When workplace accidents shatter lives and livelihoods, you need more than just workers' compensation—you need a law firm that understands your full rights. At Hach & Rose, LLP, our union roots run deep, and we've secured over $1 billion fighting for injured workers. If you've been hurt on the job, call (212) 779-0057 for a free consultation and discover how we can pursue the full compensation you're owed.

Key Takeaways for New York Workplace Injury Cases

  • Workers' compensation only pays 2/3 of wages and nothing for pain and suffering—third-party lawsuits may provide full compensation.
  • Construction workers injured in elevation-related accidents may recover under Labor Law §240's strict-liability framework; limited defenses can still apply.
  • Many workplace injuries allow lawsuits beyond workers' comp, including defective equipment, vehicle accidents, and uninsured employers.
  • You can receive workers’ compensation and also sue negligent third parties at the same time; the workers’ comp carrier may assert a lien on part of any third-party recovery.
  • Time limits apply to workplace injury claims—prompt legal consultation helps protect your rights to maximum compensation.

Why Choose Our NYC Workplace Accident Attorneys

For nearly 25 years, Hach & Rose, LLP has stood shoulder-to-shoulder with New York's working families. Our founders come from union households and understand what it means when a workplace injury threatens your ability to provide. We treat every client like family because we know you're more than just a case number—you're someone's parent, spouse, or child trying to make an honest living.

Workers' compensation alone rarely covers the true cost of serious workplace injuries. While you're limited to partial wage replacement and medical bills, insurers may also minimize payouts and dispute care. That's why we look beyond workers' comp to identify every possible source of recovery. Our attorneys understand New York's unique labor laws and know how to hold negligent property owners, contractors, and manufacturers accountable.

From our Manhattan offices, we represent injured workers throughout the five boroughs, Long Island, and the entire New York metro area. Our track record speaks for itself: over $1 billion recovered, including multimillion-dollar verdicts in construction accidents, workplace negligence cases, and industrial injuries. We prepare every case for trial, which often motivates defendants to offer fair settlements. Prior results do not guarantee a similar outcome.

Our Approach to Workplace Injury Cases

Your recovery starts with understanding all your legal options. During your free consultation, we'll review your accident, explain your rights beyond workers' compensation, and identify all potentially liable parties. We speak your language—literally, with staff fluent in Spanish and Polish—and figuratively, explaining complex legal concepts in plain terms.

We investigate thoroughly, uncovering evidence that employers and insurance companies might try to hide. This includes safety violations, prior complaints, defective equipment, and inadequate training. Our resources allow us to hire the best experts when needed, from safety engineers to medical professionals, strengthening your case.

Most importantly, you pay nothing upfront. Our contingency fee structure means you owe no attorney fees unless we win. This allows every injured worker to access top-tier legal representation, regardless of financial circumstances. We even advance case costs, so you can focus on healing while we fight for justice.

Understanding Your Rights Beyond Workers' Compensation

Many injured workers believe workers' compensation is their only option. This misconception costs New York families millions in unclaimed damages every year. While workers' comp provides basic benefits, it falls far short of full compensation for serious injuries.

Workers' compensation in New York pays a portion of lost wages (generally two-thirds of your average weekly wage up to the Board's maximum) and covers causally related medical treatment under the fee schedules. It does not pay for pain and suffering, and carriers may dispute or delay care. That's why we look beyond comp to identify every additional claim that can make you whole.

The exclusive remedy rule generally prevents you from suing your employer directly. However, numerous exceptions create opportunities for additional recovery. Understanding these exceptions is crucial for maximizing your compensation and securing your family's financial future.

Third-Party Workplace Injury Claims

When someone other than your employer or co-worker causes your injury, you may pursue a third-party lawsuit. These claims allow recovery of full lost wages, all medical expenses, and significant pain and suffering damages. There are several common categories of third-party defendants.

Property Owners: Building owners who create or allow dangerous conditions may face liability, even if they don't directly employ you.

General Contractors: On construction sites, general contractors bear responsibility for overall safety and coordination.

Equipment Manufacturers: Defective machinery, tools, or safety equipment often cause devastating injuries.

Vehicle Operators: Work-related car, truck, or delivery accidents involving negligent third-party drivers.

Subcontractors: Other companies working on the same site whose negligence causes injury.

New York Labor Law Protections

New York provides unique protections for construction workers through Labor Laws 200, 240, and 241. These statutes create additional liability beyond standard negligence claims.

Labor Law §240 ("Scaffold Law"): Owners and general contractors are strictly liable for elevation-related risks—falls from heights and injuries from falling objects—when proper safety devices are not provided during covered work (e.g., erection, demolition, repairing, altering, painting, cleaning). Some defenses still exist (e.g., sole-proximate-cause/recalcitrant-worker), and 1- and 2-family owner-occupied homes are generally exempt.

Labor Law §241(6): Imposes a non-delegable duty on owners/GCs to comply with specific Industrial Code regulations during construction, demolition, and excavation. A proven code violation that causes injury can establish liability, but comparative negligence may reduce recovery.

Labor Law §200: Codifies common-law negligence. Liability turns on control of the work or notice of a dangerous condition and failure to provide reasonable safety.

Grave Injury Exception

New York's "grave injury" rule does not create a direct lawsuit against your employer. Instead, if you suffer a legally defined grave injury, a third-party defendant can bring the employer into the case for contribution/indemnity despite the comp bar. Examples under WCL §11 include death, paraplegia or quadriplegia, severe facial disfigurement, loss of an arm or leg, certain severe brain injuries, or loss of an index finger.

This allows a third-party defendant to seek contribution/indemnity from the employer; your direct claims remain against third parties. This exception recognizes that catastrophic injuries deserve compensation beyond workers' comp limits.

Common Workplace Injuries We Handle

Workplace accidents in New York take many forms, each presenting unique legal opportunities. Our attorneys have successfully handled thousands of injury cases across various industries. Understanding injury types helps identify potential claims beyond workers' compensation.

Construction Site Accidents

New York's construction industry sees high rates of serious injuries and fatalities. Falls from heights devastate families daily, whether from scaffolding collapses, ladder accidents, or unprotected openings. Labor Law §240 provides a strict-liability framework for elevation-related risks, subject to limited defenses, when proper safety devices aren't provided.

Falling objects present another deadly hazard. Tools, materials, and debris dropping from above can cause traumatic brain injuries and fatalities that proper safety devices would help prevent. Electrocutions from power lines and faulty equipment can leave workers with severe burns and cardiac damage. Caught-between accidents occur when workers become trapped by equipment or collapsing structures, often resulting in crushing injuries or death.

Industrial and Manufacturing Injuries

Factory and warehouse workers face unique hazards that require specific safety measures. Machine accidents with unguarded equipment can cause devastating amputations and crush injuries. When employers fail to maintain equipment or manufacturers produce defective machines, multiple parties may share liability.

Repetitive stress injuries like carpal tunnel syndrome and chronic back problems result from poor ergonomics and relentless production demands. Chemical exposure causes burns, respiratory damage, and occupational diseases. Employers must provide proper protective equipment and training. Slip and fall accidents from wet floors and poor lighting plague industrial facilities.

Transportation and Delivery Accidents

Commercial drivers face increasing risks on New York's congested streets. Multi-vehicle collisions during work hours create third-party claims beyond workers' compensation. Loading dock areas present unique dangers, including falls from truck beds and crushing injuries between vehicles. Property owners and shipping companies share safety responsibility.

Delivery workers on foot face particular vulnerability to pedestrian strikes while making deliveries. Whether traditionally employed or gig workers, injured delivery personnel deserve full compensation for their injuries.

Understanding the legal journey helps injured workers make informed decisions. While each case is unique, most follow predictable paths toward resolution. Our attorneys guide you through every step, handling complex procedures while you focus on recovery.

Initial Case Evaluation

Your journey begins with a comprehensive free consultation. We'll review your accident circumstances, employment status, and injury severity. This includes examining:

  • How the accident occurred
  • Who controlled the worksite
  • What safety measures were missing
  • Which parties may bear responsibility
  • Your workers' compensation status
  • Applicable legal deadlines

We provide honest assessments of claim values and success likelihood. You'll understand all options before making any decisions, with no pressure to proceed.

Filing Your Claims

Timing matters in workplace injury cases. Workers' compensation claims provide immediate medical coverage and wage replacement while you’re pursuing additional recovery. Third-party lawsuits require identifying all responsible parties.

Construction accidents demand special attention under New York's labor laws. Specific pleadings unlock powerful protections that are unavailable in standard negligence cases. Multiple insurance policies often apply, from general liability to excess coverage. We pursue all available sources to maximize recovery.

Discovery and Investigation

Building strong cases requires thorough investigation. Accident scene documentation proves crucial; photographs and physical evidence must be preserved before sites change. Witness testimony from co-workers provides powerful support, though many fear speaking up. We protect witnesses while obtaining crucial statements.

Safety records may reveal patterns of negligence. OSHA citations, prior accidents, and inadequate training demonstrate systematic failures. Medical evidence forms the foundation of damage claims. We work with doctors to document current injuries and project future needs comprehensively.

Settlement Negotiations vs. Trial

Most workplace injury cases settle before trial, but preparation makes the difference. Insurance companies are more likely to offer fair settlements when facing credible trial threats. We prepare every case for courtroom presentation while pursuing negotiated resolutions.

Settlement advantages include guaranteed compensation, faster resolution, and avoided trial stress. However, we never accept inadequate offers. When defendants refuse fair compensation, we're ready for trial.

Compensation Available for Workplace Injuries

Workplace injuries cause immediate and long-lasting financial impacts. Understanding available damages helps set realistic expectations while fighting for full recovery.

Economic Damages

Third-party claims unlock compensation far beyond workers' comp limits. While workers' compensation restricts you to two-thirds of your wages, successful lawsuits may recover complete lost income, including future earning capacity. Vocational experts consider your education, skills, and injury limitations to calculate lifetime losses.

Medical expenses extend beyond current treatment to include all future care. This covers surgeries, therapy, medications, and home modifications. Often overlooked are household service damages: the economic value of tasks you can no longer perform, from home maintenance to childcare.

Non-Economic Damages

Pain and suffering compensation acknowledges both physical agony and emotional distress. New York places no caps on these workplace injury damages. Loss of life enjoyment recognizes how injuries prevent participation in cherished activities. Detailed testimony about life before and after injury conveys these impacts.

Consortium claims provide additional recovery when injuries affect marriages. Spouses pursue compensation for lost companionship and support. In cases involving egregious conduct, punitive damages may apply to punish defendants whose reckless disregard for safety shocks the conscience.

Time Limits and Important Deadlines

New York law imposes strict deadlines for workplace injury claims. Missing these dates may forever bar your rights:

  • Workers' comp: Notify your employer within 30 days and file with the WCB within 2 years
  • Negligence/Labor Law/product claims: Generally, 3 years from the accident
  • Wrongful death: Generally, 2 years from the date of death (watch related estate deadlines)
  • Claims against municipalities/public authorities: Usually a 90-day Notice of Claim and a shorter statute (often 1 year and 90 days) under GML 50-e/50-i; claims against the State may require filing in the Court of Claims on tighter timelines

Deadlines are unforgiving—ask us to calculate yours. Never assume missed deadlines eliminate options—various exceptions may preserve claims. Immediate legal consultation helps protect your rights and identify all viable claims.

FAQ for New York Workplace Injury Lawyer

Can I sue if I'm receiving workers' compensation benefits?

Yes. Workers' compensation doesn't prevent third-party lawsuits against parties other than your employer or co-workers. You may simultaneously receive workers' comp benefits while pursuing full damages from negligent property owners, contractors, manufacturers, or drivers. The workers' comp carrier may claim reimbursement from your recovery, but this is negotiable.

What makes Labor Law §240 different from regular negligence claims?

Labor Law §240 imposes strict liability on owners and general contractors for elevation-related risks (falls from heights or falling objects) when proper safety devices are not provided during covered work. Comparative negligence isn't a defense, but limited defenses—like sole proximate cause/recalcitrant worker—and homeowner exemptions can apply.

How much is my workplace injury case worth?

Case values depend on injury severity, liable parties, and available insurance. Minor injuries with only workers' comp may yield modest benefits. Serious injuries with third-party claims may result in significant recoveries. During consultation, we'll explain potential ranges based on similar cases.

What if my employer doesn't have workers' compensation insurance?

Uninsured employers face severe penalties and personal liability. You may sue them directly for full damages, including pain and suffering, typically unavailable against insured employers. The state's Uninsured Employers Fund may also provide benefits. We'll identify all recovery sources.

Do I need a lawyer for a workplace injury claim?

While you can file workers' compensation yourself, identifying and pursuing additional claims requires legal experience. Insurance companies and employers have experienced attorneys protecting their interests. You deserve equally skilled representation to level the playing field and maximize recovery.

Get the Full Compensation You Deserve

Your workplace injury disrupted your health, income, and family security. While workers' compensation provides basic benefits, you may be eligible for more compensation. At Hach & Rose, LLP, we look beyond the obvious to identify every opportunity for full compensation.

Our union heritage means we understand the pride and necessity of hard work. When negligent parties put profits over safety, we fight to hold them accountable. From construction sites to factories and from delivery trucks to office buildings, we've helped thousands of injured workers rebuild their lives.

Time limits may affect your rights. Call Hach & Rose, LLP today at (212) 779-0057 for your free consultation in English, Spanish, or Polish. You can also contact us online. Remember—we charge no fees unless we win your case.

You've worked hard to support your family. Now let our New York workplace injury lawyers work hard for you. When workplace accidents threaten your future, you need more than sympathy—you need lawyers who deliver results.

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