NOTE: Our law firm does not handle workers’ compensation cases. This article is for informational purposes only. Information found in the article does not constitute formal legal advice and does not create an attorney/client relationship.
Were you or a loved one hurt in a workplace accident in Middletown, New York? Call Rolo Law Personal Injury Lawyers at (845) 383-7790 for a free consultation today. Our experienced Middletown workplace accident lawyer can help you understand your legal rights and options for getting your life back on track.
Pursuing compensation after a serious workplace injury can be incredibly frustrating. Our experienced legal team can help you fight for compensation to cover medical bills, lost income, and more.
Why Call Rolo Law Personal Injury Lawyers for Legal Help After a Workplace Accident in Middletown?
Our team at Rolo Law Personal Injury Lawyers knows that a workplace injury can create substantial hardships in your life–both now and well into the future. Recovering compensation can be one of the most important things you do.
Unfortunately, getting money in your pocket can be more difficult than you might think. Insurance companies tend to make it difficult for accident victims. Our Middletown personal injury lawyer has over 40 years of experience helping injured clients like you put their lives back together.
When you hire us, you benefit from an experienced Middletown personal injury lawyer who:
- Has earned a five-star Google rating from prior satisfied clients
- Has been recognized as one of Attorney and Practice Magazine’s Top 10 law firms
- Knows the legal system inside and out
- Has a proven track record of helping injury victims secure top financial results
There’s no charge for your initial consultation with our Middletown work accident attorneys. Contact us today to start fighting for a fair outcome.
Overview of Workplace Accident Claims and Lawsuits in New York
Most injured workers first turn to workers’ compensation for help. Nearly all New York employers must maintain workers’ compensation insurance. Similarly, nearly all employees are covered–including part-time and seasonal employees.
Some injured workers have a second option. Employers who carry workers’ comp are generally shielded from lawsuits.
You do have rights under New York personal injury laws if someone other than your employer caused your accident. Filing a lawsuit can help you recover compensation for losses not covered by workers’ compensation.
How Much Is My Middletown Workplace Accident Case Worth?
Many different factors are going to affect the value of your workplace injury claim. The first thing to consider is the law that applies in your case.
The value of a workers’ compensation claim depends on:
- Your income prior to the accident
- How your earning capacity has changed
- Whether your reduced earning capacity is temporary or permanent
- Whether you can perform any work during recovery
- How long it takes to recover to the extent possible
- How severely your earning capacity is impacted once you’ve reached maximum improvement
Workers’ compensation covers only a fraction of your lost income. Income replacement benefits are also capped by state law.
If you have the right to file a third-party claim, additional factors are relevant to your case value. Your personal pain, suffering, and inconvenience are taken into account. Changes to your quality of life and ability to enjoy life are also important.
What Types of Benefits and Damages Are Available to Workplace Accident Victims in Middletown, NY?
The New York workers’ compensation system provides financial assistance to injured workers in the form of:
- Medical expense reimbursement
- Income replacement or disability benefits
- Survivor benefits for survivors of fatal workplace accidents
Damages in personal injury cases tend to be more extensive. Two primary types of damages exist: economic and non-economic damages.
Economic damages cover any type of expense you’ve incurred due to the accident, including:
- ER visits, hospital stays, doctor’s visits and other medical expenses
- Lost wages
- Anticipated future medical expenses
- Reduced earning potential
- Rehabilitation
- Property damage
Non-economic damages help victims cope with more difficult, personal losses, including:
- Physical pain and suffering
- Mental trauma
- Reduced enjoyment of life
- PTSD
- Diminished quality of life
- Chronic pain
- Physical disfigurement and scarring
- Loss of consortium in fatal accident cases
Do you have questions about your rights to recover compensation after a work-related accident? Call our Middletown workplace accident attorney for a free case review today.
Can I Recover Compensation if I’m Being Blamed for a Workplace Accident in New York?
Comparative fault can only impact your personal injury claim. Sharing blame won’t impact the value of your workers’ compensation.
New York personal injury laws have a pure comparative negligence standard. Your damages are subject to reduction if you share any blame.
How Much Does It Cost to Hire a Workplace Accident Lawyer in New York?
There is no upfront cost to hire Rolo Law Personal Injury Lawyers. Our law firm operates on a contingency fee basis.
That means our fees are a percentage of the compensation we recover for you. If we recover $0, we don’t get paid. That means you can secure our legal representation without worrying about the cost–and that we’ll do whatever it takes to maximize your financial award.
Our Workplace Accident Attorneys in Middletown Represent Clients With All Types of Injuries
Our attorneys have decades of experience in personal injury law.
That experience gives us the skills to represent clients with all types of work injuries, including:
- Broken bones
- Back injuries
- Traumatic brain injuries and concussions
- Paralysis and other spinal cord injuries
- Crushing injuries
- Knee and joint injuries
- Soft tissue damage
- Head and neck injuries
- Nerve damage
- Internal bleeding
- Organ damage
- Burns
- Amputations
- Catastrophic injuries
It’s important to seek medical treatment as quickly as possible. Otherwise, you give your employer room to claim the injuries weren’t work-related. Medical care is also the key to preventing complications and secondary medical problems.
What Do I Have to Prove to Recover Compensation After a Workplace Accident in New York?
The requirements for recovering compensation will depend on the type of claim you file. In most workplace accident cases, this means either a workers’ compensation claim or a personal injury lawsuit.
Workers’ Compensation Claims
Workers’ compensation covers medical expenses if you were injured doing something work-related. You won’t have to prove liability to receive damages.
You can receive workers’ comp benefits if:
- You missed more than seven days of work, or
- Your earnings were reduced because you worked less or did different work because of the injury
You don’t have to establish liability, but you may have to prove:
- Why your disability prevents you from working
- Your earnings prior to the injury
- Your accident was work-related
- You were an employee, not an independent contractor
- You’re not ready to return to work in the same capacity
Liability only becomes an issue in personal injury cases.
Personal Injury Lawsuits
To recover damages in a third-party claim, you’ll have to prove that the third party was responsible.
Most victims have the burden of proving negligence, and the legal elements of negligence are:
- Duty of care
- Breach of duty
- Causation
- Damages
In plain English, most victims must prove the defendant failed to use reasonable caution under the circumstances. That failure must have caused your injuries and other losses, or damages.
How Long Do I Have to File a Workplace Accident Claim or Lawsuit in New York?
You have only 30 days to notify your employer about the accident. Wait longer, and you risk losing your right to workers’ compensation benefits. You then have two years to file a claim with the workers’ compensation insurance company.
The statute of limitations that applies in personal injury cases gives you three years to file a lawsuit.
Our Attorneys in Middletown Handle All Types of Workplace Accident Cases
It’s important to remember that any industry and occupation can be dangerous.
At Rolo Law Personal Injury Lawyers, our attorneys handle all types of workplace injury claims, including cases involving:
- Transportation accidents, including car and truck accidents
- Construction accidents
- Industrial accidents
- Manufacturing accidents
- Hospitality industry accidents
- Landscaping and agricultural accidents
- Slip and fall accidents
- Falls from heights, including falls from ladders or scaffolding
- Accidents involving cranes
- Warehouse and factory accidents
- Fires
- Building collapse
- Electrocutions
- Electric shock
- Accidents where a worker is caught between two objects
- Accidents involving falling objects
- Heavy equipment accidents
- Exposure to toxic materials
- Workplace violence and negligent security
If you were injured on the job, you deserve to understand your options for recovering compensation. Our attorneys have the tools to fight for every dollar you deserve.
Contact Our Middletown Workplace Accident Lawyers for a Free Consultation Today
Make our team at Rolo Law Personal Injury Lawyers your first call if you were injured in a Middletown workplace accident. We have the skills to help you recover the maximum compensation you deserve.
An experienced Middletown workplace accident attorney is always available to discuss your case. Contact us today to schedule a free consultation.
