A workplace accident can result in devastating injuries and take a significant financial toll on you and your family. If you were hurt in the workplace, it’s essential to understand your legal rights. Not only might you be entitled to Workers’ Compensation benefits — but you may also be eligible to file a personal injury lawsuit in the event a third party’s negligence caused the accident.
Here are several critical steps you should take if you were injured on the job:
1. Notify Your Employer About the Accident
If you suffered an injury in a workplace accident, you must inform your employer as soon as possible. Generally, you must notify your employer about what happened in writing within 30 days. Workers’ Compensation will attempt to find any way to deny coverage — if you wait too long, your employer might try to argue your injury was not as serious as you claim it to be.
2. Seek Medical Attention If You Have Been Injured
If you have been injured in a workplace accident, it’s vital to seek prompt medical attention. Some injuries may not become apparent until days or even weeks later. Not only is obtaining medical treatment important for your health, but will also serve to document any claim you might later file. Significantly, medical documentation is one of the foundations of every personal injury lawsuit.
3. Collect Evidence and Document Your Case
It’s crucial to document your work accident case to establish that a third-party’s negligence was the cause of your injuries. Try to have photos taken of the accident site and your injuries and obtain video footage of the hazardous condition that caused the accidents. You should also get the names and contact information of any witnesses — testimony from those who saw the accident as it happened can be essential to proving liability. A good personal injury lawyer will know how to evaluate your case and collect the evidence needed to demonstrate liability and damages in your case.
4. File for Workers’ Compensation
Workers’ Compensation can cover your medical expenses and a certain amount of your lost wages after a workplace accident. A claim for Workers’ Compensation must be filed within two years from the date of the accident. But while these benefits can help ensure you get the medical care you need and can help make ends meet while you are recovering for your injuries, they do not compensate you for the full extent of your injuries. In such cases where there is a party other than your employer who may be responsible for the accident, it may be necessary to file a personal injury lawsuit against that third party.
5. Consider Filing a Personal Injury Lawsuit
Although a worker cannot sue their employer for a workplace injury, they may still be able to hold a responsible third party accountable for negligence. If the carelessness or recklessness of a party besides your employer caused your injuries, you may be able to recover your economic and non-economic damages in a personal injury lawsuit. In doing so, you may be entitled to recover unreimbursed medical expenses that were not paid through Workers’ Compensation, the full amount of your past and future lost earnings, and your out-of-pocket expenses. You may also be able to receive compensation for your physical pain, emotional anguish, and loss of enjoyment of life.
Contact an Experienced Personal Injury Attorney
If you were in a workplace accident caused by a third party’s negligence, it’s vital to have a skillful personal injury attorney by your side who can help ensure you obtain the maximum compensation to which you’re entitled. Due to our skill, experience, and adeptness, The Edelsteins, Faegenburg & Brown, LLP regularly obtains substantial settlements and jury verdicts for our clients. Located in Manhattan, our firm has been handling personal injury cases throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.