New York Work Injury Lawyer

Do you know where to turn for help if you’ve been injured at work in New York City? At Ferrante & Koenig, our work-related injury lawyers focus on representing people who suffered an injury on the job. We understand the pain, anguish, and frustration of a work injury and the financial fallout that often accompanies it.

Our work injury lawyers in NYC work extremely hard for our clients to alleviate their burden and protect their future. There is no cost to speak to us about your case. We’re here to help.

What Are My Legal Options After a Work Injury in New York City?

Whether you are a construction worker or a clerk in a retail store, an injured worker has various legal options. The extent of these options depends on the nature of the incident that led to the injury. 

The primary option following a work injury is to file a claim for Workers’ Compensation. The Workers’ Compensation Law in New York requires an employer’s insurance to cover related medical expenses and also pay for qualified time out of work. In order to qualify for lost wages from your job, a worker must have medical proof that they are disabled. 

While New York’s Workers’ Compensation laws sometimes do not cover independent contractors, the 2010 Construction Industry Fair Play Act has established a presumption of employment in the construction industry. The heart of this law is Labor Law § 861-C which provides that any person performing services for a contractor on a construction site is presumed to be an employee of that contractor. In other words, if you are injured on a construction site while working on behalf of a contractor, you will be covered under the Workers’ Compensation law. 

An important option available to injured workers is the ability to bring a third-party claim for pain and suffering. While the Workers’ Compensation law provides the benefits described above, it also bars (or prevents) an injured worker from suing their employer for negligence. This means that the employer’s insurance carrier will not be responsible for pain and suffering from the injuries caused. The only way to recover from pain and suffering is by filing a claim against a responsible third-party. 

A person injured at work will often have both a Workers’ Compensation claim and a third-party claim for pain and suffering. Our New York Work Accident Lawyers will be able to investigate a possible third-party claim and identify all potential defendants to help you maximize your recovery. 

How Will a Work Injury Lawyer Help Me?

The interplay between New York’s Workers’ Compensation Law and the laws governing a potential third-party claim for pain and suffering is complicated. An experienced and knowledgeable work injury lawyer will help determine whether you have a viable claim for pain and suffering while making sure you maximize your available Worker’s Compensation benefits. 

If you are unable to work, the on-the-job injury lawyers at Ferrante & Koenig will help you recover not only past lost wages for the time you’ve lost, but also future lost earnings potential. Our experienced team works with a stable of qualified economic specialists and experts to put you in the best position to recover all that you’ve lost. 

We also realize that sometimes it is simply not possible to stay out of work, especially when you have a family to feed, rent, the electric bill, a car and other obligations to keep up with. This doesn’t mean that you can’t bring a successful case after a work injury. The experienced work accident attorneys at Ferrante & Koenig will fight on your behalf and handle all facets of your case so that you can focus on returning to work.

What Are the Most Dangerous Jobs in Terms of Workplace Injuries?

The most dangerous jobs in the U.S. are in manufacturing, transportation, and construction. However, workers in every occupation suffer injuries at work daily. The U.S. Occupational Safety and Health Administration (OSHA) estimates that six employees suffer an injury in the workplace every minute. Any of the following incidents, plus many more, can lead to a workers’ compensation claim: 

• Slip and fall;
• Trip and fall; 
• Falling from height;
• Colliding with an object;
• Falling objects;
• Vehicle crashes,
• Electroshock and Electrocution;
• Crushed and Trapped by machinery; 
• Cuts and Lacerations.

Each of these incidents could lead to severe injury or even death. Our workplace injury lawyers will help put you in the best position to recover both physically and economically. 

What Are the Most Common Injuries Suffered at Work?

OSHA indicates that back injuries are the most common injuries suffered at work. Common workplace injuries in NYC also include:

• Head injuries;
• Neck injuries;
• Spinal cord injuries/paralysis;
• Broken, fractured, or shattered bones; 
• Organ damage;
• Internal bleeding;
• Heat or chemical burns;
• Amputation or mutilation of limbs;
• Long-term illness from toxin exposure; and
• Wrongful death on the job site.

We understand that employees hurt on the job suffer financial hardship from lost wages and medical expenses. We explore every legal theory of recovery so that you and your family can seek the justice you deserve. 

What Happens If Workers’ Comp Will Not Cover My Injuries?

New York’s workers’ compensation law allows injured workplace victims to recover injuries related to the employee’s work without proving the employer’s negligence. As straightforward as that sounds, workers’ compensation insurance companies frequently refuse to cover employee injuries.

You have options if your employer’s insurance company denies your claim. Depending on the reason for the denial, your attorney can help you challenge it before the New York State Workers’ Compensation Board. Your attorney will help you gather additional evidence to support your claim and demonstrate that the insurer failed to comply with the law.

Additionally, you have the right to file a third party claim to recover damages. An employee files a third-party claim when someone other than an employer negligently caused an injury.

The difference between a workers’ compensation claim and a third-party or negligence claim is proof. Unlike a workers’ compensation claim, a third-party claim requires proof that the third-party is at fault for the injury due to negligence, the violation of a statute, recklessness, or an intentional act.

Examples of third-parties include:

• Independent contractors
• Landowners
• General Contractors
• Transportation companies
• Manufacturing companies

We will provide you with all of your legal options and explain how we can help you recover from your on-the-job injury.

What Are Examples of Work Injury Settlements You’ve Achieved?

We have achieved numerous successes on behalf of our clients, including the following.

$1.9 Million

For client who was injured during construction when he was struck by falling debris. During a demolition project, the plaintiff was tasked with removing a large window from an exterior wall. The top of the window stood approximately 10 feet off of the ground. The plaintiff was not provided with an elevated working platform and instructed to stretch a pry bar over his head in an attempt to pry the window out of the wall. As he stretched to pry overhead, the top of the window casement became dislodged and fell from a height of 10 feet, striking the plaintiff and propelling him to the ground.

$725,000

For a client engaged in construction renovation and suffered eye injury due to inadequate eye protection. Defendant failed to provide any eye protection during a renovation project. As the plaintiff was removing a nail from a wall, the nail became dislodged and struck his eye, causing a significant eye injury

$825,000 Settlement 

We represented a 32-year-old electrician who suffered severe neck injuries after falling from a ladder when installing cable in a Manhattan high-rise building. Our client’s neck injuries and herniated discs were so serious that he must live with debilitating pain characterized by a burning sensation in the extremities. Consequently, he must follow a course of pain management for the remainder of his life. We obtained justice for our client in the form of an $825,000 settlement.

$388,000

For a client who fell from a ladder during construction work suffering a broken wrist requiring surgery. Plaintiff, an electrician, was required to use a drill while standing on an open A-frame ladder. As the plaintiff pushed the drill toward the wall and began drilling, the ladder became unstable and shifted, propelling the plaintiff to the ground. He landed on his wrist causing an immediate fracture. The plaintiff underwent an open reduction internal fixation surgery and missed a few months from work thereafter while attending physical therapy. Ultimately, the plaintiff returned to full-duty work.

How Do I Know Whether I Need a Work Injury Lawyer?

Contact Ferrante & Koenig by phone at 646-450-4110 or online now to schedule a free consultation with one of our New York City work injury lawyers. Our NYC work injury lawyers have the extensive experience and knowledge you need to seek justice for you and your family.