John A. DeGasperis, Esq.

What Should I Do if I Was Injured at Work in New York?

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Our firm understands how overwhelming an injury on the job can be. That is why if you were hurt at work, it is in your best interest to reach out to our experienced New York personal injury attorneys to help you recover the cost of your injury.

What steps should I take after a work accident?

If you were hurt in a workplace accident and would like to pursue legal action, it is critical that you obtain as much evidence as possible to help craft your personal injury claim. If you are able, take the following steps after your workplace accident:

  1. Call 911 – The police will file an accident report and dispatch an ambulance to the scene of the accident.
  2. Tell your supervisor and/or employer about your accident.
  3. Take photos and videos of the hazardous conditions that caused your accident.
  4. Seek medical attention to ensure your injuries are properly treated. Also, ask your doctor for medical documentation that expressly states the origin and severity of your injuries.
  5. Retain the services of an experienced New York personal injury attorney as soon as possible.

What are workers’ compensation claims?

Employers in New York State, whether for-profit and most non-profit, will have to carry workers’ compensation insurance. The first step if you were injured on the job will be to file your workers’ compensation claim. This means that rather than seeking financial compensation for your injuries directly from your employer, you will try to obtain it from your employer’s insurer.

It is also important to note that you should make your employer aware of your injury as soon as you can, as you will have 30 days from the date of your injury to file a workers’ compensation claim. Additionally, you will have two years from the date of your accident to file your workers’ compensation claim. After that, if you are granted compensation, you can use it towards your medical bills and lost wages.

What is the role of the third party in a workers’ compensation claim?

Sometimes, workers’ compensation benefits do not cover the cost and burdens of an injury. In situations like that, the firm can file a third-party claim which will hold another party, who is not your employer, liable. Third parties that can be held liable can range from property owners, building architects, product designers and manufacturers, and more.

It is important to note that the state of New York permits a third-party personal injury claim within three years of the work accident, otherwise the injured party will lose the opportunity to file that claim entirely.

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