Although there are some occupations in the United States that are inherently dangerous, the average worker leaves home in the morning and expects to come home at night without having suffered an injury and without being involved in an accident while at work. Most of the time that is exactly what happens; however, workplace accidents do occur. In fact, they happen more often than most people realize. If you are injured in a workplace accident in Queens you may wonder if you need an attorney. It is in your best interest to consult with an attorney for many reasons.
A worker who is injured on the job, or who becomes ill as a result of his or her employment, may be entitled to benefits through the New York workers' compensation system. If your claim is approved you will receive benefits that cover the cost of treating your injury or illness as well as weekly wage replacement benefits. The workers' compensation system is a no-fault system, meaning you are not required to prove that your employer did anything wrong to be entitled to benefits. In theory, this makes filing a workers' compensation claim much easier. In practice, a number of obstacles can prevent a valid claim from being approved, starting with your employer denying the claim. Why would your employer deny the claim? There are a number of potential grounds; however, the most common reasons are that the injuries are pre-existing injuries or that the accident occurred while you were outside your scope of employment. If your initial claim is denied you have a right to appeal the denial but it becomes harder and harder to get a claim approved the farther you move up the appeals ladder. Your best shot is your first shot. For that reason alone it is best to work with an experienced Queens personal injury attorney to assess your situation.
The other important reason to consult with an attorney if you have been injured in a workplace accident in Queens is that you could have the grounds for a third-party lawsuit. You cannot file a traditional personal injury lawsuit against your employer for injuries that occurred at work; however, if a third-party caused, or contributed to your injuries you could be entitled to compensation from a third-party lawsuit in lieu or, or in addition to, workers' compensation benefits. Contact the attorneys at SIMON & GILMAN, LLP right away to discuss your legal options, regarding workplace accidents.