The workplace can be dangerous for employees due to engaging in repetitive tasks, heavy lifting, or exposure to hazardous substances.
A New York Worker’s Compensation Lawyer will help identify the liable parties, how to proceed with the worker’s compensation claim, and pursue fair compensation.
According to the International Labor Organization, approximately 2.3 million people die annually from workplace-related injuries and illnesses.
From slips and falls to repetitive stress injuries and more, these injuries can be both physically and financially devastating.
As such, understanding the most common injury in the workplace can help employers, employees, and safety experts prevent them from happening in the first place. Knowing the risk factors and preventive measures for these injuries can help protect workers and ensure their safety in the workplace.
It’s no surprise that workplace injuries are becoming more common.
The most common workplace injury include:
Slips and falls are the leading cause of workplace injury, often resulting in broken bones or sprains and strains. Overexertion injuries involve straining muscles or tendons and can be caused by repetitive motions, carrying or lifting heavy items, and working in awkward positions for too long.
Contact with objects and equipment injuries may include cuts, punctures, amputations, and fractures from machines or tools lacking safety guards or devices. Falls on the same level occur when an employee trips, slips, or stumbles while walking on a flat surface and may lead to bruising, fractures, lacerations, and sprains.
Moreover, workers operating heavy machinery on worksites are at risk of developing carpal tunnel syndrome.
There are several steps you can take to help prevent these types of injuries in your workplace:
The construction industry experiences the highest rates of on-the-job injuries. As a hazardous occupation, construction workers put themselves at risk daily by performing manual labor involving lofty heights, heavy machinery, and dangerous conditions.
According to the Occupational Safety and Health Administration (OSHA), falls are the leading cause of construction site accidents. Other construction site hazards include electrocution, being struck by an object or equipment, getting caught between objects or equipment, and fires/explosions.
Businesses can take a number of preventative steps to reduce the likelihood of injuries occurring on the job. Workers should be educated on safety protocols and procedures, supplied with protective gear, required to follow safe work practices, subjected to regular safety inspections, protected by engineering controls like guards and fencing, and encouraged to report unsafe working conditions.
If an employee is seriously injured on the job, the company should have insurance in place to cover the costs.
Yes, numerous laws address workplace safety and health standards for various industries. Most notably, the Occupational Safety and Health Act of 1970 established worker safety regulations to ensure employees have safe working conditions free from harm.
OSHA provides detailed guidance for employers regarding the proper procedures for reporting work-related injuries and illnesses, prevention of common injuries, use of personal protective equipment, and other related topics. OSHA also requires workplaces to be inspected periodically to ensure employer compliance.
Additionally, states may have specific rules governing workplace safety and health that go beyond federal law requirements. Employers need to stay abreast of local conditions and be sure they’re meeting all applicable regulations related to preventing workplace injuries. Suppose an employer fails to comply with pertinent rules or take necessary steps to ensure a safe work environment. In that case, they may face legal liability if an employee is injured due to negligence.
When it comes to pursuing compensation, workers who suffer injuries at work may have several options. Generally speaking, it is the employer’s duty to ensure a secure workplace. The injured worker may sue the employer for damages if their carelessness resulted in harm.
But occasionally, a third party might be at fault. For instance, if a faulty product resulted in an injury, the manufacturer would probably be held accountable. Depending on the specifics of the incident, certain government agencies may also offer compensation. Determine who is responsible and get help from an experienced lawyer with your claim.
Yes, depending on the jurisdiction and circumstances of the incident, injured employees may qualify for workers’ compensation benefits. Typically, workers’ comp covers medical expenses associated with an on-the-job injury, lost wages due to the inability to work, and disability benefits.
While the specifics of the benefits depend on the jurisdiction, most states adhere to the principle of “no-fault,”—meaning employees can collect benefits regardless of who was at fault for the injury.
However, it’s important to note that employers may contest a claim if they believe the damage resulted from the employee’s actions or intentional conduct. Employers may not require employees to sign a waiver in exchange for the benefits.
Generally, there are deadlines for filing a workers’ compensation or personal injury lawsuit. In most jurisdictions, workers’ compensation must be filed within a certain period following the damage or the discovery of the injury. This time limit is known as the statute of limitations and may vary by state.
Similarly, most personal injury suits must be filed within a few years of the injury, although this timeline can vary based on the case’s specific details.
It is essential to file your claim as soon as possible, as any delay may prevent you from receiving the benefits you deserve. Moreover, an experienced attorney can advise you of the applicable deadlines in your state and ensure that all the necessary paperwork is submitted on time.
The following steps are generally involved in filing a compensation claim following a workplace accident:
collecting the required information and proof, submitting the proper paperwork, and adhering to deadlines.
You should gather as much proof as you can, including witness statements, police reports, and medical records.
Additionally, you need to get in touch with your employer to let them know about the incident and ask for copies of any necessary paperwork.
The claimant can submit an official compensation claim after gathering all necessary documentation. In most cases, claimants must give written notice, a thorough description of the incident and the resulting injury, and supporting documentation to the insurance company or governmental body. Additionally, claimants must follow all pertinent deadlines because failure to do so could lead to a benefit denial.
There are two types of injury claims: negligence and intentional tort claims. Negligence claims are when someone breaches their duty of care due to carelessness or recklessness, which harms someone else. Examples of negligence claims include slips and falls due to unsafe premises or motor vehicle accidents due to a driver’s negligence.
On the other hand, intentional tort claims involve deliberate intent to harm someone. Examples include:
Different states have different laws regarding both types of claims, so it is important to check local statutes before filing any claims.
For those who have suffered a workplace injury, there are numerous resources available in addition to an experienced lawyer. The website of the United States Department of Labor is an excellent resource for learning about and implementing, safe workplace practices.
Excellent resources for knowledge and help include the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH).
An attorney can help in many ways when handling a workplace injury case. They can guide you through the entire process and advise you on what steps need to be taken next. They can also represent you in court if necessary, negotiate settlements with insurance companies, and even help to uncover evidence that could support your case.
Furthermore, an experienced attorney will know how to effectively argue on your behalf to maximize any potential settlement amount. It is highly recommended that any individual seeking compensation for a workplace injury obtain legal representation to ensure the best possible outcome.
Workers’ compensation is a form of no-fault benefits that covers medical expenses, lost wages, and disability benefits for injured employees. The plaintiff in a personal injury lawsuit may seek both compensatory and punitive damages.
Pain, suffering, and other non-economic damages that may not be covered by workers’ compensation laws may be recoverable through personal injury lawsuits. Moreover, personal injury lawsuits can hold defendants accountable for their wrongdoing and make them pay for their errors, whereas workers’ compensation provides only compensation for losses.
In some cases, even if your employer does not provide workers’ compensation insurance, you may still be eligible for benefits. Depending on your circumstances, you may be able to file a third-party claim, which would allow you to sue the person or entity who caused the harm. A manufacturer of a subpar product, an independent contractor, or another person who caused your damage could all fall under this category.
Alternatively, if you can show that your injury prevents you from working, you might be eligible for Social Security Disability benefits. Last but not least, think about speaking with a qualified lawyer who can evaluate the particulars of your case and make recommendations for the best course of action.
A Personal Injury lawyer from Gregory Spektor & Associates can be your best ally when you sustain an injury at work.
Our lawyers have extensive experience helping clients seek justice after workplace injuries and understand the nuances of workers’ compensation laws. Hence, we know what it takes to get you the financial recovery you deserve.
We will evaluate your case, help you file the necessary paperwork, and represent you in court if necessary. We can also negotiate with insurance companies on your behalf and help you receive the maximum compensation you are entitled to.
Visit us at 1 Cross Island Plaza Suite 203C, Queens, NY 11422, or contact us at 888-797-7755 so we can help you move forward with your life and start the healing process.
