Table of Contents
- Why Workers’ Compensation Is Usually the Only Remedy in Westchester County
- Exceptions That May Allow You To Sue Your Employer
- Third-Party Lawsuits After a Workplace Injury in Westchester County
- Common Workplace Accidents in Westchester County
- Workplace Accident Statistics in Westchester County
- How Lever & Ecker Can Help After a Workplace Injury in Westchester County
- We Serve Injured Workers All Across Westchester County
- Get a Free Consultation for Your Work Injury Case in Westchester County
Why Workers’ Compensation Is Usually the Only Remedy in Westchester County
In New York, an exclusive remedy rule establishes workers’ compensation as the only way for injured workers to seek compensation from their employers for job-related injuries.
This rule protects employers from civil lawsuits related to claims such as pain and suffering. It also ensures that injured employees can receive coverage for medical expenses and lost wages without having to prove who was at fault for the accident.
Exceptions That May Allow You To Sue Your Employer
Most New York employers are legally required to carry workers’ compensation insurance, the exclusive remedy for workplace injuries. This means that while your ability to sue your employer in Westchester County for a workplace injury is limited, it is not impossible in some cases. Here are a few examples of instances when you may be able to sue your employer:
- No Insurance: If your employer fails to carry legally required workers’ compensation insurance, you may be able to sue.
- Intentional Harm: If your employer intentionally caused your injury, you may have grounds to file a lawsuit. However, you will need to prove that there was malicious intent behind their actions.
Because these instances are rare, contacting a Westchester county personal injury lawyer to consider your legal options is important.
Third-Party Lawsuits After a Workplace Injury in Westchester County
Depending on the circumstances of your accident, you may be able to pursue legal action against parties other than your employer who share responsibility for your injuries. These parties may include contractors, property owners, or parts manufacturers.
Here are some examples of workplace injuries that have occurred in Westchester County:
- White Plains construction worker injured by a subcontractor’s crane
- Yonkers warehouse employee hurt by a defective forklift
- New Rochelle delivery driver hit by a negligent driver
- Mount Vernon home health aide hurt in a dangerous private residence
- Harrison utility worker electrocuted by faulty wiring from a private contractor
- Ossining road crew member struck in a work zone by a private vehicle
Damages in Third-Party Work Accident Lawsuits
Pursuing damages through a lawsuit against a third party can be crucial for your recovery, especially if your workers’ compensation benefits are delayed, denied, or insufficient. A civil lawsuit allows you to seek economic damages, which are quantifiable monetary losses, as well as non-economic damages, which do not have a direct monetary value.
Examples of the damages you may be able to recover include:
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement
- Medical expenses
- Lost wages
- Future care costs
- Other related losses
In New York, it is important to know that you generally have three years from your injury to file a lawsuit. While there are some exceptions to this rule, failing to meet the deadlines set by the statute of limitations could permanently prevent you from pursuing your claim.
Common Workplace Accidents in Westchester County
Injuries can occur in nearly any workplace. However, certain industries are more prone to injuries due to workers’ exposure to machinery, heavy lifting, and hazardous materials:
- Construction: Workers risk injury while handling heavy machinery, particularly if it malfunctions due to faulty parts. Unsafe environmental conditions can also contribute to accidents, such as falls from ladders and scaffolding.
- Health Care: Health professionals may be injured by personal protective equipment defects or exposure to hazardous materials. Additionally, careless drivers can pose a threat, especially when health workers are operating from mobile clinics or ambulances.
- Manufacturing: Workers in manufacturing are exposed to significant risks from hazardous materials and heavy machinery.
- Transportation: Employees in the transportation industry have a heightened risk of injury or fatality due to car or truck accidents. Injuries can also occur from falling off vehicles or during activities related to loading and unloading.
- Warehousing: Potential injuries in a warehouse setting include slips, trips, and falls, which are often caused by cluttered environments or exposure to harmful materials.
Workplace Accident Statistics in Westchester County
According to the New York State Department of Health, some leading causes of work-related injuries treated in hospitals from 2012 to 2014 included cuts and puncture wounds, falls, injuries from machinery, and incidents in which objects struck workers.
During that time, Westchester County averaged:
- 1,144 instances of falls per year
- 839 cases of cuts and puncture wounds per year
- 97 machinery injuries per year
- 70 cases per year of injuries caused by being struck by or against objects
How Lever & Ecker Can Help After a Workplace Injury in Westchester County
Our New York personal injury lawyers bring over 70 years of combined experience and a proven track record of securing results for injured workers. To ensure exceptional service for each client, we limit the number of cases we take on. With a client-centered approach and open lines of communication, we treat every case as a top priority.
At Lever & Ecker, we recognize that even simple cases can quickly become complex. Our attorneys will manage the legal process and tackle any challenges that arise, allowing you to focus on your health and recovery. When you choose us to represent you, you can depend on the following:
- 24/7 Availability: We can be reached any time of day, so you can discuss the details of your case whenever you need.
- Flexibility: We will work with your schedule, including after-hours, weekends, home, and hospital visits.
- Resources: If you do not know where to go, we will help you find the right doctor and provide you with the resources to get the right care.
- Investigate: Our attorneys will thoroughly investigate your case.
- Gather Evidence: We will obtain and analyze all relevant evidence for your case.
- Settlement or Trial: We will negotiate with insurers to secure the settlement you deserve. If necessary, we will take your case to trial.
We operate on a contingency fee basis, with no upfront costs or fees. We only get paid if we successfully resolve your case.
We Serve Injured Workers All Across Westchester County
Westchester County is home to Lever & Ecker. For over three decades, our attorneys have represented injured workers throughout Westchester County, including in:
- White Plains
- Yonkers
- Greenburgh
- New Rochelle
- Mount Vernon
- Ossining
- Port Chester
- Peekskill
- Rye
- And more
Get a Free Consultation for Your Work Injury Case in Westchester County
We take pride in our strong reputation, which is reflected in the trust our clients place in us. Many clients come to us through referrals from previous clients, friends, family, and other attorneys.
If you have been injured in a workplace accident, do not wait to contact a work injury attorney. Contact Lever & Ecker online today or call (914) 288-9191 for a free, no-obligation consultation.
