Any kind of serious injury can create complications and confusion. When that injury occurs at work, the issues you face may be even more complex. In addition to the physical pain and limitations you’re facing and concern about the expense, you may also be uncertain about who is responsible for your medical bills and other damages, and how to pursue compensation.
When you find yourself in that situation, an experienced work injury lawyer can be your most valuable resource.
You may have heard that New York workers’ compensation is an “exclusive remedy.” Many people believe that means that when you are injured at work, workers’ compensation is the only remedy available to you. While it’s true that the New York workers’ compensation statute prohibits covered workers from suing their employers for on-the-job injuries in most cases, that doesn’t necessarily mean that workers’ compensation is the only recourse available. In fact, for some workers, workers’ compensation isn’t even an option.
Though you may not be able to sue your employer for negligence after an on-the-job injury, you may have the right to pursue other responsible parties. One common example involves an injury that takes place on a construction site. If the injured worker is employed by a sub-contractor, he or she will almost certainly be prevented from suing that sub-contractor.
However, it’s very possible that another entity’s negligence contributed to the injury. Some examples may include the general contractor, another sub-contractor, and the property owner. In that situation, the injured worker may have a claim against the third party, despite having been injured at work.
While most NYC employees are covered by the city’s self-insured workers’ compensation system, uniformed police officers, firefighters, and uniformed sanitation workers are not eligible for workers’ compensation benefits. However, these public servants have a range of other options available after a work injury.
Often, the fact that these city workers aren’t constrained by the workers’ compensation system means that they have more options for pursuing compensation after a work injury.
The work injury attorneys at Dansker & Aspromonte are experienced in pursuing and securing compensation for police officers, firefighters, and New York City sanitation workers who have been injured on the job. Some examples include:
When you’ve suffered a serious work injury, you may have no idea what to do next, or who may be legally responsible for your injuries. Talking to an experienced work injury lawyer can be your best first step. We can help you determine whether workers’ compensation, a personal injury lawsuit, a product liability claim, a specialized claim such as line of duty litigation, or some combinations of available remedies gives you the best chance at a full and fair recovery for your injuries.