Job Related Accident Questions

What exactly constitutes an on the-job-injury?

Any injury that occurs while someone is working is an on the job injury. Although construction workers are injured most frequently and most seriously, we have represented office workers injured in elevator accidents, truck drivers injured unloading goods, people falling on dangerous stairs and countless others who were injured while trying to earn a living. Defective products often cause serious workplace injuries and many injured workers do not realize that they could have a claim against the manufacturer of a defective product in addition to their worker's compensation claim.

What steps should an individual take when they are injured on the job?

The first thing that a person should do when they are injured on the job is to report the injury to a supervisor, seek the necessary medical treatment, and, if appropriate, make a report to the police.

Should the injured person file a report with their workman's compensation carrier?

Yes. Worker's Compensation insurance should cover all on the job injury medical expenses and any lost earnings. Injured workers should consult with an attorney to determine whether a cause of action exists beyond their workers compensation claim.

What choices do people have, other than workman's compensation, when they are injured on the job?

Most insurance companies will deny coverage for on the job injuries, as they know that worker's compensation should be covering. If a non co-employee's negligence caused their accident they can initiate a lawsuit outside of worker's compensation for their personal injuries and pain and suffering.

What responsibility does their employer have?

Employers must provide worker's compensation insurance. In the event that they fail to provide such insurance they can be sued directly. Under New York State worker's compensation law the employer can only be sued by the defendants in a third party action if the worker sustained what the law defines as a serious injury. Essentially the law defines serious injuries as including: amputations, paralysis or death.

Should the injured person or their family contact OSHA - Occupational Safety and Health Administration?

Absolutely. The violation of the safety standards set by OSHA results in countless accidents involving factory workers injured by defective machinery and construction workers injured because of faulty tools or inadequate scaffolding. Reporting violations serves the dual purpose of protecting other workers and establishing that laws were violated causing your accident. Often times this can be readily done by a qualified attorney.

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