Queens Work Accident Lawyers
Fighting for Injured Workers Across NYC
If you were injured in a workplace accident in New York City, you may have options when it comes to recovering compensation for your losses.
New York has powerful protections in place that give many workers the right to pursue civil claims outside of the workers’ compensation system and recover a broader scope of damages. However, these civil cases require workers to prove their claims and meet certain legal elements, whether they’re claiming violations of New York Labor Law or negligence, and can create some unique challenges when it comes to liens and credits.
At the Harris Firm, LLC, we have decades of experience fighting for injured workers and families across New York City in both workers’ compensation matters and civil claims. Backed by award-winning lawyers and extensive resources, we’re capable of handling cases involving all types of workplace accidents.
Common Types of Workplace Accidents in NYC
New York City is a busy and bustling place that’s driven by millions of hard-working men and women. Unfortunately, workers in the construction, building trades, transportation, service trades, and other similar professions face considerable risks of suffering harm due to the nature of their work.
At the Harris Firm, LLC, we’ve been fighting for injured workers and families in New York City for more than 25 years. During our time in practice, we’ve represented workers harmed in a variety of accidents and have seen how certain types of accidents are more common and dangerous than others.
Some examples of common workplace accidents in New York City include:
- Falls. Falls are a leading cause of injury and death, especially in industries like construction. In fact, BLS data shows that falls account for nearly 38% of all deaths in construction alone, which is why it’s at the top of OSHA’s infamous “Fatal Four” construction accidents list. In construction and elsewhere, falls can be caused by a variety of factors, including accidents involving ladders, roofs, hoists, platforms, scaffolding, debris, and other slip and trip hazards.
- Struck by Object. Accidents involving traumatic impacts from objects are a leading cause of workplace accidents. These include incidents involving flying hazards (such as objects ejected by power tools), falling objects from heights, swinging objects, and rolling objects. These types of accidents occur across all industries.
- Caught-in or Caught-Between. Workers in construction, warehouses, transportation, and other industries face significant risks for injuries involving caught-in/caught-between accidents. These occur when workers are caught, crushed, or compressed between objects, and often result from improper training or lack of PPE.
- Electrocution. Trades workers and non-trades workers all face appreciable risks when it comes to electricity, including the risk of electrocution, which is fatal. Electrocution hazards can exist as exposed wiring, faulty machinery, high-voltage lines, and more. Even non-fatal exposure to electricity (electric shock) can cause injury, especially if it results in a fall.
- Transportation Accidents. Thousands of workers are injured and killed every year in accidents involving motor vehicles. This includes work vehicles such as graders, backhoes, and other construction equipment, forklifts, commercial trucks, and standard passenger vehicles.
What To Do After an Accident at Work in Queens
If you were injured in a workplace accident anywhere in New York City, the first and most important step you should take is to seek immediate medical attention and report the injury to your employer. You should also continue following up with your doctor to ensure you receive the treatment and care you need to recover and keep all medical records of your treatment and rehabilitation.
Beyond treating your injuries and preserving records, you should also get acquainted with a general understanding of your rights and legal options. That’s because New York has special laws in place to provide workers with important protections when they are injured on the job. These laws give workers options when it comes to pursuing needed compensation. For example:
- Civil Injury Claims. Injured workers may have the right to bring civil claims against contractors, work site owners, and other parties to recover compensation for their damages under New York Labor Law, even in cases where contractors or owners did not directly cause the accident. Workers may also be able to file civil injury claims when they were injured in accidents caused by negligent third parties.
- Workers’ Compensation. In addition to civil injury claims, injured workers may also file workers’ compensation claims to collect benefits that help cover their medical expenses and some of their lost income while they are out of work.
- Social Security Disability. For workers whose injuries result in disability, Social Security Disability benefits may also be available, depending on factors such as age, injury severity, and more.
Can I File a Lawsuit For My Workplace Accident?
Depending on the facts surrounding your work accident, you may have grounds to pursue a civil lawsuit. These civil lawsuits differ from workers’ compensation claims in that they allow workers to recover a broader scope of damages, including compensation that isn’t available under workers’ comp (such as pain and suffering and all lost earnings). However, they also require workers to provide evidence and arguments that prove their claims.
Workers may have the ability to pursue a civil injury lawsuit after a workplace accident under a few different circumstances. Some examples include situations involving:
- Third-Party Negligence. Workers injured by negligent third parties (meaning an entity who is not their employer) may have grounds to file civil injury suits for compensation. These claims may be brought against negligent subcontractors on a work site, private motorists who caused auto accidents, premises owners who failed to maintain a safe property, and manufacturers of defective products, among others.
- Labor Law Violations. Injured workers may have the right to file civil claims that can hold contractors, premises owners, and other parties liable when they violated certain provisions or bear liability under the law. This can include Labor Law 240(1) or the “Scaffold Law,” Labor Law 241(6), and Labor Law 200.
More About NY Labor Laws
New York Labor Law provides powerful protections to workers injured on the job, particularly when those accidents occur in construction, building trades, and similar occupations known for risky worksites. This includes the right to file claims outside of the workers’ compensation system and recover damages for pain and suffering, lost income, and lost benefits, among other losses not available under workers’ comp.
If you were injured in a work accident, you may have a claim under New York Labor Law, including:
- Labor Law 200, which covers a range of unsafe conditions and practices and generally requires contractors and worksite owners to maintain a safe workplace.
- Labor Law 240, which applies specifically to the protections owners and contractors must provide to those who work from heights and face risks such as ladder falls, falling objects, collapsing structures, and unstable material. This is also known as the “Scaffold Law.”
- Labor Law 241, which allows injured workers to hold general contractors and site owners liable for unsafe worksite conditions – even if they did not cause the unsafe condition themselves.
Determining the applicable New York Labor Law for your case and constructing the claims and evidence to prove liability is a task best handled by experienced attorneys. At The Harris Firm, LLC, our Queens workplace accident attorneys routinely represent workers in claims brought under various provisions of New York Labor Law. We can evaluate your case and options during a FREE consultation.
What Is My Queens, NY Workplace Accident Case Worth?
The value of any workplace accident claim depends entirely on the circumstances, including factors like your age, the nature and severity of your injuries, whether you’re able to work after recovering, and more. Generally, workers who pursue claims in civil court are eligible to recover:
- Medical expenses obtained from non-employer approved providers.
- A full recovery of lost income and lost future wages.
- Physical and emotional pain and suffering.
- Loss of quality of life, lost emotional support, and loss of consortium.
- Punitive damages, awarded only in cases involving egregious negligence or misconduct.
I Received Workers’ Compensation For a Workplace Accident. Can I Still File a Workplace Injury Claim?
Yes. Even when there is a viable civil claim under New York Labor Law or other civil causes of action (such as negligence), injured workers can still receive workers’ compensation benefits while their cases are pending. This allows workers to receive needed medical care paid for by their employer’s workers’ compensation insurer and at least a portion of their lost wages from being out of work, especially since it can take time for civil claims to resolve.
In situations where workers collect both workers’ compensation benefits and compensation from a civil claim, it’s important that they enlist the support of experienced attorneys. That’s because civil recoveries can open the door to subrogation and liens / credits claimed by employers and workers’ comp insurers, which have bearing on a worker’s final net recovery.
At the Harris Firm, LLC, we have the experience and resources to represent clients in both their workers’ comp cases and third-party civil claims, and to implement the strategies that help maximize their total take-home recoveries.
Call For a FREE Consultation: (718) 487-8669
As a firm focused on workplace accidents, the Harris Firm, LLC has become known for championing the rights of workers and their families and recovering millions of dollars in compensation for clients.
If you have questions about a workplace accident, your rights and options, and how our award-winning team can help, don’t hesitate to reach out to our team. Our Queens work accident attorneys proudly serve clients across all NYC boroughs (Bronx, Brooklyn, Manhattan, Queens, and Staten Island) and beyond.
Mr.Harris handled my case perfectly- Saidou K.
I changed my attorney to Mr.Harris and it was the best decision I've made- Genesis A.
Mr. Harris was very professional, and I’m very grateful what he has done for my case.- Lola L.
Very grateful! Definitely will recommend Mr. Harris to anyone who needs.- Sharanjeet S.
Mr. Harris is the very best in the business has been doing this for over 25 years- Israel Y.