Mamaroneck Workplace Injury Attorney
Advocating for NY clients after workplace accidents
Employees across the nation have jobs with varying degrees of danger. One thing that is consistent throughout is that all workers are at risk of a workplace injury in some way or another. Though employers and fellow employees take all the necessary care to protect each other, accidents do happen. Fortunately, workers’ compensation insurance is in place to support those who are injured on the job. Workers’ compensation is a form of insurance that allows workers to seek medical attention without the worry of mounting medical bills and the loss of income. Workers’ compensation is the “exclusive remedy” against an injured worker’s employer which means that he cannot sue his own employer for his injuries. If the worker’s injuries were caused by the negligence or strict liability of another entity, workers’ compensation insurance does not prevent him from commencing a lawsuit against the non-employer entities responsible for his accident. If you have been injured in the workplace, you should consult with an experienced New York attorney so that you fully understand the legal options available to you. Contact the Law Offices of Jonathan D. Sands for a free consultation.
Workers’ Compensation explained
A workers’ compensation claim is made when you are injured or fall ill because of your job. It is a type of insurance coverage that helps employees recover without the worry of mounting medical bills and the financial burden of lost wages. The Workers’ Compensation Board is the administrative agency that processes these claims. The Board can reject a workers’ compensation claim if a worker is found to have purposefully caused the accident, or if the injury is not found to be causally related to the accident. A workers’ compensation judge will decide all disputes regarding the claim. The worker will be financially supported through the resolution of the claim. You have the right to return to work in another capacity until you heal. If you cannot perform your old position because of the physical effects of your injuries, you may be able to recoup 2/3 of the difference in pay.
Lawsuits against outside parties
Workers’ compensation enables you to get the medical attention you need without the worry of mounting medical bills and lost wages. Though workers’ compensation insulates your employer from litigation by you for your injuries, it does not stop you from pursuing damages from a third party. If it happens that your injuries were caused by a third-party you may need to commence a lawsuit against these parties. In these cases, it is important to note that the workers’ compensation carrier will assert a lien against the proceeds of any such claim for a percentage of the amount the carrier paid for your healthcare related to your injury and for the amount it paid to you for lost earnings.
Contact an experienced Westchester County attorney
The Law Offices of Jonathan D. Sands has nearly 20 years of experience representing New York clients injured or made ill on the job. We understand the impact a workplace injury has on you and we will work tirelessly to make sure that you are fully compensated. It is important to consult with an experienced New York attorney who can explain your options and answer any questions you might have. If you or someone you know has been injured or made ill on the job, please contact our office for a free consultation.