Queens Work Injury Lawyer and Personal Injury Attorneys - Workplace injury & workplace accidents
If you are like most people, you spend at least a third of your life as an employee, actively working to support your employer’s needs, provide for your family, and live life as a productive individual. But when you have been injured as an employee in a workplace accident, you can feel totally alone.
Workplace accidents can create untold turmoil and completely upend your life and your ability to financially provide for those you love. The injuries sustained often have lifelong consequences and can even leave you with long-term disabilities. This is why it’s important to have a skilled lawyer to help you understand what your options are.
At K L Sanchez Law Office, work injury attorney Keetick L. Sanchez and our team of work injury lawyers have devoted our practice to those who have suffered injuries in the workplace. As experienced NYC workplace injury lawyers, we understand what you are going through.
Let us help. To schedule a consultation, call us today at (646) 701-7990
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Occupations in the United States With a High Risk of Workplace Injuries
According to AdvisorSmith, a data resource for business, using data published by the U.S. Bureau of Labor Statistics, the 25 most dangerous occupations in the United States are:
- Logging workers
- Aircraft pilots and flight engineers
- Oil, gas, and mining derrick, rotary drill, and service unit operators
- Garbage collectors
- Delivery drivers
- Firefighting supervisors
- Power linemen
- Agricultural workers
- Crossing guards
- Crane operators
- Construction helpers
- Landscaping supervisors
- Highway maintenance workers
- Cement masons
- Small engine mechanics
- Supervisors of mechanics
- Heavy vehicle mechanics
- Grounds maintenance workers
- Police officers
- Maintenance workers
- Construction workers
- Mining machine operators
Fortunately, in most cases, there are benefits available to victims who suffered injuries in an accident at work. While financial compensation is available, however, you often need to get the assistance of a qualified lawyer to get all the benefits possible for your injuries. That is where we come in.
If you have suffered injuries in a workplace accident in New York or Queens, the experienced attorneys at K L Sanchez Law Office are here to ensure that you get the benefits and compensation you deserve. Injuries can prevent you from going to work and receiving pay. That is why it’s very important to get the help of an experienced injury attorney.
What Benefits May Be Available to You After Being Injured in an Accident While at Work?
After a workplace accident in New York, there are two possible sources of compensation for your injuries. These are through a workers’ compensation claim or a personal injury lawsuit. Unfortunately, these are not always easy to navigate on your own without a skilled lawyer.
Injuries from an accident at work can be life-changing if they’re severe. Some accidents even end up in deaths. As a worker, it is part of your right to receive benefits, especially if you’ve been out of work because of an injury from an accident at work. At K.L Sanchez, lawyer Keetick Sanchez and her team will work hard to help you receive the compensation you deserve.
Work Injury Attorney Keetick Sanchez Explains Workers’ Compensation Benefits
Most workers in New York City have the benefit of workers’ compensation insurance through their employer. This insurance exists primarily to protect employees in the event of injury, but it also serves to protect employers from employee lawsuits. Workers’ compensation coverage pays much of the cost of your medical bills and lost wages when you have been hurt on the job.
While most employees understand that they have a right to pursue a workers’ compensation claim after a workplace accident, many don’t understand the rules or guidelines governing workers’ compensation or its limitations. Workers’ compensation benefits are limited, very specific, and may only cover a portion of the costs of some injuries, particularly catastrophic ones. In some cases, workers’ compensation may not apply or simply may be too limited in its application for your situation.
Workplace injury lawyer Keetick Sanchez understands how important it is for victims to receive the maximum amount of compensation they deserve and she will fight for what is right.
If you've been in an accident call us right away (646) 701-7990
What Must Be Done After a Workplace Injury in New York?
All workplace injuries are covered under state workers’ compensation laws, including occupational diseases. When it comes to filing workers’ compensation claims, there are specific requirements that must be adhered to.
After a workplace accident injury, the injured party will need to notify their employer as soon as possible. The employer will then need to report the injury to the Workers’ Compensation Board and their own insurance carrier.
An injured worker is required to file an Employee’s Claim for Compensation (form C-3) with the Board within two years of the accident or discovery of an occupational disease. Any mistake in filing or timing can jeopardize a worker’s compensation claim. You must also see a doctor that is authorized by the Board to treat workers under workers’ compensation claims.
Injury Lawyer Explains The Complications Of Claiming A Benefit
If you have experienced an on-the-job injury, it should be simple for you to get the benefits you need to pay your medical bills, lost wages, and any disability. But, unfortunately, getting workers’ compensation benefits can be complicated, and there are often denials of coverage requiring an appeals process.
In order for you to collect benefits under workers’ compensation, there are some important matters to consider.
- Your employer may not have coverage. – While state law requires that all employers carry workers’ compensation insurance, that does not mean that everyone complies. Recent insurance polls have suggested that approximately 26 percent of small businesses do not have workers’ compensation in place. Any employer that doesn’t have proper coverage for its employees can be subject to lawsuits as well as other actions from the state.
- You may not be eligible for workers’ compensation. – Not everyone is eligible to file a workers’ compensation claim. Those covered under federal or municipal compensation programs may not be eligible to file for workers’ compensation.
- You are an independent contractor. – If you are considered an independent contractor, you are not considered an employee of the business and will not be able to file a workers’ compensation claim.
Because of the complexity of getting benefits for a work injury, getting the skilled assistance of a New York City personal injury attorney is one of the first things you should do. At K L Sanchez Law Office, we will put our years of experience to work for you and get to work immediately to ensure that you get the benefits you deserve.
Meeting the Qualifications of a Workers' Comp Claim for Workplace Accidents
The primary qualification for workers’ compensation benefits is that the injury was suffered at the place of employment. Compensation is available to most injured parties if the accident occurred at work, and the employer has valid workers’ compensation coverage.
But there are some nuances to workers’ compensation that should be well understood by an injured party. While recovering compensation through workers’ compensation benefits may be more accessible, it does come with limitations.
The Limitations of a Workers' Compensation Benefits
If you are hurt in a workplace accident, you are entitled to benefits under workers’ compensation whether or not you were entirely or partially at fault for the accident. It’s important to understand, however, that under a workers’ compensation claim, an employee waives the right to hold their employer accountable for any of their injuries and damages. You will also be required to seek treatment from a medical provider that is approved by the Workers’ Compensation Board and not your own physician.
There are also limits to what type of compensation you can recover. While you can seek compensation for your medical costs, a portion of your lost wages, temporary or permanent disability, and family death benefits in the case of a fatality, a victim may not recover any compensation for non-economic damages such as pain and suffering or emotional distress. At K. L. Sanchez Law Office, our team of NY workers’ compensation lawyers may be able to give the victims legal advice on how they should proceed with their claim.
Injury Lawyer Keetick Sanchez Explains What To Do If One Is Denied Workers' compensation
Unfortunately, depending on the situation, injured victims may find that their application has been denied for a variety of reasons.
In order to qualify for workers’ compensation benefits, you must demonstrate:
- Your injuries were not part of any preexisting conditions,
- You were not impaired by alcohol or drugs at the time of the accident,
- Your application was filed within the time limit and in accordance with other requirements of the New York State Workers’ Compensation Board.
- You submitted the required documentation proving the extent of your injuries.
- You followed the healthcare regimen prescribed to you by the attending physician.
If you are denied coverage, you may be able to appeal that decision with the Board. They will review the evidence and take testimony, then render their decision. But being denied workers’ compensation benefits and filing an appeal can be complicated, frustrating, and time-consuming. In the meantime, you may not be able to work as you watch your medical bills pile up.
If you are dealing with a workers’ compensation denial, you should get the guidance of an experienced New York injury attorney. At K L Sanchez Law Office, we take the stress out of dealing with your insurance claim and ensure that your legal rights are being protected. Unfortunately, insurance companies are known for undervaluing and denying claims. We won’t let that happen to you.
We are here to help, 24 hours a day, 7 days a week. Call 646-701-7990
Attorney K.L. Sanchez Explains Lump Sum Award
If you have suffered a permanent injury on the job, you may be offered a lump sum award under your workers’ compensation benefits. Although this may be tempting to take considering your injuries and damages, it may not be in your long-term best interests. Accepting this will forfeit any right to additional compensation and future medical coverage under workers’ compensation, so it is important to weigh this decision carefully.
If you have been offered a lump sum settlement, you will want to get the advice of a skilled New York injury lawyer to help you determine if this is the right course of action for you. While some people benefit from a lump sum payout, it is not right for everyone. Let the experienced personal injury attorneys at K L Sanchez Law Office help analyze your particular situation to help you decide on your best course of action.
When you have been injured on the job, you will want to pursue all possible sources of compensation for your injuries. In most cases, you will not be able to file a personal injury claim against an employer if they have valid workers’ compensation insurance in place. But if your employer does not have this required insurance or the at-fault party was a third party, you may have the ability to bring a personal injury lawsuit to recover other benefits after a workplace injury.
If you have been injured on the job, you need the help of experienced injury attorneys who may be able to help you receive the compensation you deserve. At K L Sanchez Law Office, lawyer Keetick Sanchez and her team of experienced lawyers are ready to help. Contact us today at (646) 701-7990 to schedule a consultation.
In the majority of worker’s compensation claims, there are usually two parties involved in the claim: the injured employee and the employer. Workers’ compensation is designed to work between those two parties. However, there are instances when a workplace accident is not limited to these two parties. In these cases, the victim may be able to pursue an independent claim against that other party.
When you bring a personal injury claim, you may recover compensation for :
- All medical costs, including hospitalizations, surgeries, rehabilitation, prescription medication, doctor’s visits, specialized nursing care, medication equipment, and other medical expenses relating to your injuries
- Lost wages
- Future medical costs as they relate to the injuries
- Future lost earning capacity if you cannot return to your job
- Pain and suffering
- Emotional distress
Furthermore, certain family members may be entitled to a wrongful death claim if the accident resulted in a fatality.
During a typical workday, many workers come into contact with third parties other than their coworkers and employer. Sales reps and delivery drivers may be involved in a car accident and get injured by another motorist. Industrial workers may get injured by defective or improperly maintained equipment in the course of their work. In these cases and more, a third party may be held liable through a personal injury claim.
Many third-party claims result from:
- Car accidents
- Construction accidents
- Medical malpractice and hospital negligence
- Dangerous or defective equipment
- Premises liability
- Slip and fall accidents
In these cases, a third-party personal injury claim can allow for additional compensation not covered by workers’ compensation.
In New York, we have comprehensive labor laws that ensure that workers are properly protected from injuries. These laws afford injured employees even more protection than federal laws. The failure of an employer or property owner to properly protect workers often gives an injured party the right to hold them liable for any injuries that resulted from that failure.
If you have suffered a work-related injury, you should contact an experienced work injury attorney in New York to understand what legal options you have for compensation. At K L Sanchez Law Office, our team of work injury lawyers thoroughly investigates any potential violation of labor laws to ensure that all responsible parties are held accountable.
Getting Skilled Legal Assistance from Skilled Work Injury Lawyers at K L Sanchez Law Office
Navigating workers’ compensation and third-party claims can be complicated. If you have been injured in a workplace accident in New York City, you deserve an aggressive advocate on your side.
At K L Sanchez Law Office, our experienced NYC work accident lawyers will work diligently to ensure your best outcome. Contact us to schedule a free consultation to discuss your rights and options. You never pay any legal fees until we recover compensation on your behalf.