Hudson Valley Work Accident Attorneys
Every year, millions of Americans are injured on the job. Workers get hurt in a workplace slip and fall, vehicle accidents, industrial accidents, scaffolding collapses, and any number of other incidents. If you were hurt in a workplace accident in New York, you have the right to seek compensation. To protect your legal rights and maximize your available compensation, you need help from a seasoned New York personal injury law firm. The Goshen personal injury attorneys at Dupée & Monroe, P.C. are ready to help.
When Are Third Parties Liable for Workplace Accidents?
Injured workers in New York are typically covered by workers’ compensation insurance. Workers’ comp benefits don’t depend on any party being negligent or at fault; they are available simply because the accident occurred at work. However, the types of damages available in a workers’ comp claim are limited; workers cannot, for example, sue their employer for pain and suffering or emotional distress. These types of non-economic damages are often the largest part of a personal injury award.
However, if a third-party was responsible for the accident, meaning someone other than you, your employer or a fellow employee, you could have an additional claim for damages. Employees who get seriously hurt in a car accident while on the clock, for example, can sue the negligent driver who hit them. Also, if your injury was caused by defective machinery or negligent conduct by third-party contractors (such as the parties who loaded a truck bed improperly), you might have a claim against whichever party was responsible for those hazards.
If you have a third-party liability claim, you can pursue damages not available in a workers’ comp claim. You can seek payment for the full amount of lost wages, as well as non-economic damages like pain and suffering, disfigurement, emotional distress, and even punitive damages in some cases. Talk to an experienced New York work accident lawyer to discuss your options for pursuing a third-party liability claim after a work injury.
Labor Law 240: New York’s Scaffold Law
Construction is one of the most dangerous industries in the country. Recognizing the inherent dangers of construction work, New York has laws in place offering construction workers additional legal protections. New York Labor Law 240, known as the “Scaffold Law,” sets certain safety requirements for construction site owners and contractors to implement. If those parties fail to ensure the safety of their workers on scaffolding, ladders, slings, and other elevation devices, and a worker is injured as a result, the worker may have special claims for damages under section 240.
Section 240 claims are limited to specific types of work environments (buildings including traditional buildings, bridges, boats, garages, and subway tunnels) and specific types of activity (construction, demolition, painting, repairs, etc., that involve working on an elevated surface). Section 240 claims are meant to provide a means for recovery for workers injured in falls from height while on a construction worksite, or who were struck by falling tools or debris from an elevated worksite. To recover compensation under section 240, a worker must satisfy all of the appropriate legal prerequisites and demonstrate that the construction company or contractor failed in their duty to provide a safe work environment in accordance with the Labor Law requirements. Contractors and owners are absolutely liable for injuries caused by their failure to comply with the scaffold law.
Seasoned New York Work Accident Attorneys Working for You
If you or a loved one has been injured in a workplace accident at work in Orange County or throughout the mid-Hudson Valley, find out if you should file a claim for damages by contacting the passionate and trial-ready Goshen work accident lawyers Dupée & Monroe at 845-294-8900.
