New York Workplace Accident Attorneys
Employers have the responsibility to ensure that their employees have a safe work environment and that any injuries that do happen on the job are adequately covered by their worker’s compensation insurance.
However, sometimes controversies arise over what is and is not covered by worker’s comp or your injuries are the fault of a third-party whose actions are not covered by this insurance. In either of these cases, you still deserve to be compensated for your injury and have the peace of mind that comes with knowing your medical bills are covered and your family will be taken care of, even if you have to take time off work. That’s where a good workplace accident attorney can help. If you’ve had your worker’s compensation claim unfairly denied or were the victim of the negligence of a third party, let us help you.
Worker’s Compensation Claims
Any accidents that happen during work hours and on the business premises are covered by your employer’s worker’s compensation insurance. This means two things for you:
-
Your medical bills will be covered by the insurance
-
You do not have the right to sue your employer for additional damages or for pain and suffering
Ideally, this arrangement provides a win-win situation for the business and the employee – you get your bills covered and your employer avoids a lawsuit. However, if your claim is unfairly rejected, it can also leave you with no recourse.
At Hoffmaier & Hoffmaier, we carefully examine the facts of each situation to determine what benefits you’re entitled to receive, counsel you on how to develop and document medical evidence for your injury, and help you prepare and file an appeal if your claim is rejected. In addition, we can directly represent you before the insurance company, adding gravitas to your claim – which is often all it takes for them to take you seriously.
You’re entitled to receive benefits regardless of who’s at fault for your injury and should receive complete coverage for your expenses and lost wages. If this is not the case, or if you don’t receive your benefits in a timely manner, call us right away at (212) 777-9400.
Third-Party Liability
Third parties, such as independent contractors, and equipment or product manufacturers are usually not covered by worker’s compensation insurance. If you’ve been injured as a result of their negligence or a defective product or equipment, you have the right to sue the third party for damages to cover your medical bills and pain and suffering.
In particular, you may be eligible to receive compensation for:
-
Medical bills (present and future)
-
Lost wages (present and future)
-
Costs associated with altered plans or cancelled trips
-
Pain and suffering
-
Mental anguish
-
Loss of companionship/consortium
In order to receive such damages, however, an experienced attorney will need to prove the extent of your injuries, the third party’s responsibility to you, and how they breached that responsibility. Unlike worker’s compensation, you are not eligible to receive payment simply because you are injured. You must prove fault in a court of law.
As experienced personal injury attorneys with a long history of successfully defending our clients in court, we’re not afraid to take your battle into the courtroom to get what you deserve. We aggressively defend the rights of our clients against any business of any size and believe that the verdict should be in favor of the party that’s right – not the one who’s large or powerful.
So if you’ve been injured on the job and have been unfairly compensated or not compensated at all, give us a call today so we can discuss your case. We don’t get paid unless we win, so your consultation is risk-free. Call Hoffmaier & Hoffmaier at (212) 777-9400.