In New York, if you are injured at your workplace, you are covered under worker’s compensation benefits. However, in certain scenarios, you might be entitled to compensation beyond your worker’s compensation benefits. This is in the case when you get injured on the job and it is determined that a third-party was responsible for your injuries.
Situations which qualify you for an additional compensation apart from worker’s compensation:
Many times there are situations when workers are injured while on the job, but the accident happened due to the negligence of a third party apart from the employer. Some instances of such cases are as follows:
Defective Product Liability: If you were injured because of using a defective product like a machine or equipment in which no warning or notification by the manufacturer was provided, you might be able to claim a Products Liability Action claim against the product manufacturer. In such a case, the manufacturer would need to provide compensation to you for medical bills, lost wages and pain and suffering.
Toxic Substances: Workers have to work in direct or indirect exposure of various toxic substances like asbestos, benzene, chromium compounds, silica, radium, etc. These toxic chemicals cause severe injuries and illnesses. There are two kinds of toxic injuries. Acute injuries like chemical burns and poisonings which show immediately and latent injuries like cancer and lung diseases which may take years to appear.
If you are injured by a toxic substance exposure, you can sue the manufacturer of the substance or talk to an attorney about your legal rights. Especially if a great deal of time has passed between your exposure and your injury or illness, you will need expert assistance to help you sort out the complicated issues involved. Also, consider filing a complaint with the Occupational Safety and Health Administration (OSHA).
Employer’s Wrong Intent: You can sue your employer for additional damages apart from worker’s compensation if your employer hurts you purposely or has tried to harm you intentionally or with egregious conduct.
No Workers’ Compensation: You can sue your employer in the civil court if your employer does not carry worker’s compensation insurance.
Third Party caused injury: If your injury or accident was caused by a third party, like an external contractor or a vendor, you might be able to claim a personal injury lawsuit against that person in addition to the worker’s compensation claim.
Do not delay in contacting a New York Construction Accident Attorney
Contacting an attorney as soon as possible after the accident will increase your ability to recover the largest reward possible. We are available 24 hours a day, 7 days a week, because accidents don’t wait to happen during business hours. We are in the business of saving lives and livelihoods. Call us today at 917-300-0797/ 718-619-4525 and let our attorneys handle everything, while you or your loved one begins to heal.