Brooklyn On the Job Injury Lawyer
Suffering an injury at the workplace can leave a worker seriously concerned about their future. A worker could miss a significant amount of time at work, could owe thousands in medical bills, and may be unsure of when they can return to work. Fortunately, a workplace injury could allow an injured employee to claim workers’ compensation. If you or a family member was injured at the workplace, consult with an experienced Brooklyn on the job injury lawyer.
At Sullivan & Galleshaw, LLP, we are devoted to providing our clients with the legal representation they deserve to pursue compensation for their injuries. To schedule a free legal consultation to discuss your workers’ comp claim, contact Sullivan & Galleshaw, LLP at (718) 843-0300, or contact us online.
What to Do After an On the Job Accident in Brooklyn, NY
If you were injured in a workplace accident in Brooklyn, you should ensure you take steps to preserve your claim for workers’ compensation. Failing to take the appropriate steps could result in a worker needing to pursue a lawsuit against an employer to recover compensation for their injuries. The following is a list of steps to take after an on the job injury.
Seek Medical Attention
If the injury you suffered at work was severe, your priority should be to seek medical attention as soon as possible. If an employer possesses workers’ compensation, they should be able to provide an injured worker with medical attention from a healthcare provider approved by their insurer.
Despite what healthcare you choose to treat your injuries, you should apprise them of how you were injured in order to properly document your injuries.
Inform Your Employer of the Accident
Once you have received medical attention for your injuries, you should inform your employer of your injuries with a written report as soon as possible. The following details should be included in your report:
- The date of the accident
- How the accident occurred
- The location of the accident (on-site or off-site)
- The type of injury you sustained
It is important to note that fault is not an issue when applying for workers’ compensation. This means that even if you were responsible for the accident that caused your injury, you could not be barred from applying for workers’ compensation as a result. However, an injured employee’s request for workers’ compensation can be denied under a number of other circumstances:
- The employee’s intoxication was the reason the accident occurred
- The accident occurred outside the scope of an employee’s job (e.g., injured while commuting home from work)
- The employee intentionally caused their own injury
- The injury was sustained while the employee was committing a crime or violating workplace policy
Have Your Injuries Assessed
As mentioned, the insurance company that provides your employer with workers’ compensation insurance will have a list of approved healthcare providers that can evaluate an employee’s injuries. If an employee is injured on the job, they will have to visit one of the listed healthcare providers to have the extent of their injuries examined.
This examination should provide insight into how long the injured worker may need to recover and will help determine the compensation they should receive for their injuries. If you do not agree with the healthcare provider’s assessment, you may be able to seek another opinion from a different medical practitioner.
Filing a Lawsuit After a Workplace Injury
If a worker decides to pursue a workers’ compensation claim in Brooklyn against their employer, they cannot also pursue a personal injury lawsuit against that same employer. A worker must make a choice between the two options.
It is important to note that every company may not possess workers’ compensation for their workers. In some cases, an employee could be a private contractor that is not eligible for workers’ compensation. If this is true, then a worker will have to pursue a lawsuit against their employer.
If you choose to file a personal injury lawsuit against your employer in Brooklyn, you should be aware that your claim is subject to the statute of limitations. In New York, the statute of limitations for personal injury lawsuits is three years from the date of the injury. This means that a claimant must file their lawsuit within three years, or the court will bar their claim. If this happens, the claimant will be unable to seek compensation in the court and will also be ineligible for workers’ compensation.
Contact an Experienced Brooklyn On the Job Injury Attorney
If you or a family member was a victim of a workplace accident, contact an experienced Brooklyn on the job injury attorney. The personal injury attorneys at Sullivan & Galleshaw, LLP, possess a wealth of experience litigating a variety of workplace accidents, and we are here to fight for you. To schedule a free case evaluation to discuss your legal situation, contact Sullivan & Galleshaw, LLP at (718) 843-0300.