On the Job Injury Attorney in New York

An on-the-job injury attorney can help you obtain the compensation you deserve for injuries sustained arising from someone else's negligence while on-the-job in New York.

On the job injuries are common in New York, with thousands of workers affected each year. Many of these injuries qualify for Workers' Compensation benefits. Common causes of on-the-job injuries in New York include overexertion and repetitive motions, slips, trips and falls, contact with objects and equipment, transportation incidents, violence and other injuries by persons or animals, and exposure to harmful substances. These injuries can range from minor to severe and life-altering conditions. Many workers are unaware of their rights and the benefits available to them after an on-the-job injury.

What is Workers' Compensation?

Workers' compensation is an insurance coverage that employers are legally required to have. In New York, businesses must provide workers' compensation coverage for their employees. This is mandatory for most employers, with a few exceptions. Employers must purchase a workers' compensation policy from a private insurance carrier, the New York State Insurance Fund, or be self-insured. Coverage begins as soon as a worker is hired, and employers must post a notice of workers' compensation coverage in a conspicuous place for employees. Failure to secure workers' compensation coverage can result in severe penalties for the employer, which may include fines, criminal charges, and liability for medical costs and lost wages.

Workers' compensation covers medical bills and a portion of lost wages if an employee is injured on the job and requires medical care. It pays for all necessary medical treatment related to the work injury, including doctor visits, hospital stays, medications, physical therapy, and medical equipment. There are no co-pays or deductibles for the injured worker. If the injury causes the employee to miss work, workers' comp provides cash benefits, typically two-thirds of the worker's average weekly wage, up to a maximum set by the state. Cash benefits are not paid for the first seven days off work unless the disability lasts more than 14 days. Benefits can also include supplemental benefits, social security benefits, disability benefits, and death benefits for surviving family members if the worker is killed.

What Qualifies as 'On The Job' Injuries?

To qualify as an on-the-job injury, the injury or illness must happen while at work and performing assigned job duties. This means the injury must be directly related to the employee's work activities or environment. Qualifying injuries can occur on company property, job sites, or while traveling for work purposes. Injuries that happen during breaks or lunch on company premises are usually covered, as well as injuries at company-sponsored events like holiday parties or picnics.

Common workplace injuries include repetitive stress injuries such as carpal tunnel syndrome from typing or assembly line work, back strains from repeated heavy lifting or awkward postures, and tendonitis from repeated motions in manufacturing or construction. Overexertion injuries like muscle sprains, strains or tears from lifting, pushing, pulling or carrying are also prevalent, as well as heat exhaustion, heat stroke, and dehydration from working in hot environments without enough water breaks. Slip and fall accidents can cause injuries from falling off ladders, scaffolds or roofs, slipping on wet, oily or cluttered floors, and tripping over obstacles, uneven surfaces or exposed cables.

Machinery malfunctions may lead to crushing injuries from getting caught in or between equipment, amputations from unguarded or improperly locked-out machines, and struck-by injuries from ejected parts or materials. Falling objects can result in head injuries from tools, materials or debris falling from above, foot injuries from dropped objects, and injuries from being caught under collapsing structures or cave-ins. Chemical exposure may cause burns from corrosive substances like acids or cleaning products, respiratory diseases from inhaling toxic fumes, dust or vapors, and skin conditions from contact with irritants or allergens. Motor vehicle accidents while driving for work purposes, being struck by a vehicle while working on or near roadways, and accidents involving workplace vehicles like forklifts or cranes are also common.

On the job injuries can range from minor issues like cuts, bruises, sprains or strains to more serious health problems. Moderate injuries may include fractures, concussions or infections. Severe injuries like spinal cord damage, traumatic brain injuries and amputations can also happen on the job. Occupational illnesses such as cancer, lung diseases and hearing loss may develop over time from hazardous exposures at work. In some cases, psychological issues like post-traumatic stress disorder (PTSD) from experiencing or witnessing a traumatic event at work, such as a violent assault, explosion or catastrophic accident, may be covered. Depression, anxiety and other mental health conditions resulting from job-related stress, harassment, discrimination, or a physical work injury may also be compensable.

When Are Injuries Not Covered?

There are several situations where injuries are not covered by workers' compensation. Self-inflicted injuries, such as intentionally harming oneself, staging an accident, or engaging in reckless behavior like horseplay, are not covered. Injuries that occur while the employee is drunk or on drugs, leading to impaired judgment, coordination, or reaction time, may be denied benefits, especially if a post-accident drug test is positive. Accidents that happen while breaking the law or company policy, such as committing a crime, violating safety rules, or engaging in willful misconduct or gross negligence, are also not covered.

Injuries resulting from fights started by the employee, even if provoked or harassed, are generally not compensable. This includes provoking or participating in physical altercations with coworkers, supervisors, or customers, as well as accidents caused by aggressive or violent behavior. There are some gray areas where coverage may depend on the specific circumstances. Commuting accidents are usually not covered unless the employee was doing a work assignment, such as running errands, traveling between job sites, or on a business trip. Accidents in company-provided transportation or while being compensated for travel time may be covered.

Injuries during unpaid lunch breaks are generally not covered unless the employee was required to stay on company premises or perform work duties. However, accidents during paid breaks, while eating on the job, or during work-related lunch meetings may be covered. Injuries off company property are typically not covered unless the employee was at a mandatory company event, such as a training session, conference, or team-building activity. Accidents during voluntary social events like holiday parties are less likely to be covered unless attendance was expected or benefited the employer.

Pre-existing conditions are usually not covered by workers' compensation unless they are significantly aggravated or accelerated by an on-the-job accident or repetitive job duties. If the worsened condition is directly related to work, it may be covered. However, employers may be liable for injuries resulting from failure to accommodate an employee's known medical restrictions or disabilities.

If you need advice on your Workers' Compensation case, want to understand your rights and benefits, or would like an attorney to handle your claim filing and case, contact a New York on-the-job injury attorney like us. We can provide valuable guidance and representation to ensure you receive the full benefits you deserve under the law. Don't navigate the complex claims process alone - let us advocate for your rights and interests. You can call us at 212-233-1233 or send us an email at [email protected]. We are located in Midtown, Manhattan.