What Is a Third-Party Lawsuit for Work Related Injuries?
If you were injured at work as a direct result of your job, you should be eligible and receive workers’ compensation benefits. If you experienced a workplace accident due to the negligence of a person or a separate entity like a contractor or property owner, you may need to seek compensation by bringing a third party lawsuit against the liable party.
Workers’ Compensation vs Third-party Lawsuits
Third-party lawsuits and workers’ comp are two different paths available to an injured worker who has suffered injuries or damages in the workplace. Workers’ comp gives money for medical bills and lost wages without needing to show whose fault the injury was. It’s straightforward but has limits on what it covers.
Third-party lawsuits let injured workers sue others, like equipment makers or property owners, if their negligence caused the injury. Unlike workers’ comp, these lawsuits need proof of fault. Winning can mean more money for pain, suffering, and other damages, but the process can be complicated. Knowing about both options is important for and injured worker to get the right help.
Helping to Defend You Against Work Related Injuries
One of the most important legal developments of the past century has been the remarkable expansion of workers’ rights. In particular, positive changes have been made to workplace safety and work injury rights. Most work-related injuries that occur on the job now will make a worker eligible for financial assistance, such as workers’ compensation, to help them cope with the consequences.
A work injury lawyer in NYC will review the details of your case if you have been injured on the job and help you navigate the legal process. A workplace compensation lawyer fro, aim to represent you and your claim with all our expertise and resources. We will not collect any attorney’s fees until we deliver.
What to Do After a Work Injury Due to Negligence
After an accident or workplace injury, you may be reeling with questions such as how to pay the medical bills, how long you must be out of work, and how to pursue the compensation you deserve. A workplace injury attorney can help you navigate the legal system and pursue third-party lawsuit settlement amounts that cover your expenses.
We do not advise that injured workers navigate the legal system alone. You are significantly less likely to receive the fair and full monetary compensation you deserve. Let an experienced job injury attorney fill out paperwork, facilitate phone calls with insurance companies, and handle negotiations. And we will not collect any attorney’s fees until we deliver for you.
Our Story: The Work Injury Lawyers at Hach & Rose
Since 2002, the work related injury lawyers at Hach & Rose, LLP have represented thousands of people in New York City and New York State. Over the last 15 years, we have earned a national reputation for excellence and are proud of the $250,000,000 we received in settlement verdicts, including workplace injury cases.
For more than 15 years, Hach & Rose, LLP has been a fixture in the New York Community. Our attorneys were recognized in 2017 by Best Lawyers. Michael Rose boasts a 10-point AVVO rating and Gregory Hach is a lifetime member of the Million and Multi-Million Dollar Advocates Forum. We are members of the National Trial Lawyers Top 100, as well as America’s Top 100 High Stakes Litigation in 2017 and are lifetime charter members for the Best Attorneys of America.
If you or someone you love has been injured in the workplace, contact Hach & Rose, LLP for a consultation. We do not collect any attorney’s fees until we deliver for you. Contact us at (212) 779-0057, fill out contact form, or talk to us now in our online chat!
Why Choose Hach & Rose, LLP to Handle My Case?
- Experience – Hach & Rose, LLP was founded in New York City in 2002. Collectively, our attorneys have over 100 years of combined experience. Our legal team has years of experience in several different legal practice areas.
- Track record – The workplace injury lawyers at our firm have an excellent track record for handling complex cases on behalf of injured workers. We have successfully obtained substantial compensation for our past clients and are prepared to do the same for you.
- Client Satisfaction – Our mission is to provide quality legal representation and exceed the standard by treating our clients with sympathy and compassion. Read what our past clients had to say about our firm and personal injury lawsuit experiences in their testimonials.
Work Place Injury FAQ
What should I do if I've been injured in a work accident?
If you’ve been injured in a work place accident, it’s crucial to seek medical attention and medical treatment immediately. Report the incident to your employer or supervisor as soon as possible. Additionally, consider consulting with a work injury attorney to understand your legal rights and options for pursuing compensation.
Am I eligible to receive workers' comp for my work-related injury?
In most cases, if you’re injured while performing your job duties, you’re eligible for workers’ comp benefits regardless of fault. These benefits typically cover medical expenses, lost wages, and rehabilitation costs. However, navigating the workers’ comp process can be complex. It’s advisable to seek guidance from a qualified work injury attorney to determine if your case is a workers’ compensation case or a third-party lawsuit.
What if my injury was caused by a third party, not my employer?
If your injury was caused by the negligence of a third party, such as a subcontractor, equipment manufacturer, or property owner, you may have grounds to pursue a third-party lawsuit in addition to workers’ comp benefits. These lawsuits, under the guidance of an experienced work injury attorney, can provide additional compensation for pain and suffering, as well as other damages not covered by workers’ comp.
How long do I have to file a claim for a work-related injury?
The time limit for filing a workers’ comp claim varies depending on the state and the specific circumstances of your case. In New York, you generally have two years from the date of your injury to file a claim. However, it’s essential to act promptly and consult with a work injury attorney to ensure compliance with all deadlines and requirements.
What if my employer retaliates against me for filing a workers' comp claim?
Retaliation by an employer for filing a workers’ comp claim is illegal. If you believe you’re experiencing retaliation, such as termination, demotion, or harassment, you should document the incidents and seek legal advice immediately. You have rights protected under state and federal law, and a workplace injury lawyer can help you take appropriate action to protect your interests.
Types of Work Injury Cases We Handle
The workplace injury lawyers at Hach & Rose, LLP handle various worker related injuries claims and personal injury lawsuit cases. Our expertise includes but is not limited to slip and fall injuries, neck and shoulder injuries, back injuries, leg and knee injuries, head injuries, occupational illnesses and more.
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Slip and Fall Injuries
Slip and fall accidents are very prevealnt can occur in the workplace when employers or employees fail to keep workspaces clean and clear. In 2020, 18% of the 1,176,340 nonfatal work injuries resulting in days away from work in 2020 were related to slips, trips, and falls.
Slip and fall accidents can occur when:
- Failing to clear off ice, rain, chemical spills, etc.
- Failing to keep items cleared off of walkways
- Failing to clean up any leaks that could make walkways slick
Neck and Shoulder Injuries
Many activities can increase the risk of neck and shoulder injuries. Serving food, stocking shelves, using large drilling equipment, etc. can be dangerous when basic safety precautions are neglected.
Common workplace neck and shoulder injuries can be due to:
- Fractures
- Shoulder dislocation
- Whiplash
- Bursitis
- Pinched nerves
- Soft tissue injuries
- Spinal cord injuries
Back Injuries
Back injuries occur when workers lift objects that are too heavy, are not informed of proper technique, or employers fail to provide proper safety advice.
Some safety mistakes responsible for workplace injuries to the back may include:
- Overworking employees responsible for heavy lifting duties
- Requiring employees to complete heavy lifting tasks at significant heights without assistance
- Failing to provide safety devices for employees who may sustain back trauma at work
- Failing to inspect or maintain work devices that may lead to back trauma if they malfunction
Leg and Knee Injuries
Leg and knee injuries can develop over time through the stress of repetitive motions, such as frequently lifting heavy objects or sudden, unexpected accidents that cause immediate damage to the legs or knees.
Hazards that can contribute to knee or leg injuries, including:
- Trip hazards
- Uneven ground
- Falling debris
- Explosions
- Repetitive lifting or squatting
Head Injuries
If you have suffered a head injury on the job, your employer should recommend immediate medical treatment, as your condition may worsen with time if left untreated. When a person sustains a workplace injury to the head, they may require substantial medical care. A person may lose mobility, develop severe pain, and even lose cognitive abilities.
An employer may be held responsible for these injuries in the following instances:
- If construction safety standards for objects at a certain height or loose objects aren’t observed
- If building and ceiling fixture safety regulations aren’t followed
- If heavy objects are stored too high for employees to safely
- If sufficient safety headgear isn’t provided when needed
Occupational Illness
Occupational illness can develop when workers’ jobs put them dangerously close to potentially hazardous or unsanitary materials. Exposure to known irritants, gas, or chemicals can seriously impair employees and create long-term health issues. Illnesses from this type of workplace injury may not show symptoms immediately but can develop over time.
Employer negligence has been linked with wide-ranging occupational illnesses such as:
- Failure to protect employees from excessive smoke or chemical gas inhalation
- Failing to provide meat packers with safety gear
- Not providing equipment to prevent dust inhalation in industries such as construction.
- Failing to provide safety gear to miners to protect them from coal worker’s pneumoconiosis (CWP), or black lung
- Not offering safety equipment to workers who handle common dermal irritants.
Stairwell Fall Accidents
Workers falling down a staircase can experience multiple points of impact and many injuries on the way down. The building owner or property manager is responsible for a workplace injury of this type by maintaining safe walking conditions for all stairways.
Some common stairwell fall accidents are due to the following:
- Worn, slippery, icy or wet surfaces
- Damaged or broken steps, railings or handrails
- Lack of proper illumination
- Dangerous, unstable, or broken risers
Elevator Accidents
Workers who service, clean or repair elevators face potential workplace injury or death. Those who work near elevator shafts before or during installation are also at risk of catastrophic falls.
Even a seemingly minor accident may cause more serious complications months or years down the road, so it is essential to seek medical treatment following the incident to ensure that you do not have more severe unknown injuries or internal bleeding.
Window Washer Accidents
Window washers have inherently dangerous jobs, as they scale the side of buildings, suspended above the ground below, attached to scaffolds on ropes, or by rigging on the rooftop.
Some common window washer workplace injuries are due to the following:
- Falls due to unguarded floor openings
- Static line failure or an unsecured line
- Malfunctioning personnel lift
- Tools and items that fall on pedestrians below
Workplace Injury Statistics
Recent 2022 statistics from the Bureau of Labor Statistics reveal that private industry employers reported 2.8 million nonfatal workplace injuries and illnesses in 2022, up 7.5 percent from 2021.
From 2021-2022:
- Cases involving sprains, strains, tears: 547,980
- Cases involving injuries to the back: 250,830
- Cases involving falls, slips, trips: 450,540
- Total fatal work-related injuries: 5,486
Interestingly, a study from a 2013 PubMed academic journal states that while 30% of workers had reported either lost time from work or restrictions because of their injury, only 5% of all workers had an injury recorded in the the federally-mandated record-keeping log of work-related injuries and illnesses.