Why You Need a Work Injury Lawyer

Do I Need a Lawyer If I Get Hurt at Work?

Many companies tout the number of days they have gone without a workplace accident. However, when workers do get injured, the benefits and other compensation they deserve are not always sufficient for the impact on their livelihoods and their lives.

Dreyer Boyajian LLP has been serving injured workers for over 30 years. Our firm maintains a strong focus on assisting the victims of construction and industrial accidents.

There are some situations where you may be able to handle a work injury claim on your own. However, if you have been seriously hurt on the job, there are a few reasons to consider hiring a lawyer:

1. Workers’ Compensation Is Complicated

The laws governing job injury claims are often difficult for workers to understand. You have a limited time to file a claim (the statute of limitations in New York is 2 years), and your rights and obligations under workers’ compensation can be overwhelming.

If you are unsure how to proceed after being hurt at work, it may be in your best interest to contact a work injury lawyer.

2. You May Be Facing Long-Term or Permanent Disability

One of the most devastating outcomes in any workplace accident is an injury that renders you unable to perform your job. You may need to be reassigned to light or limited duty in order to accommodate your change in physical ability. If your injury is severe, you may be unable to return to your prior job, or it may be impossible for you to work at all.

You deserve compensation for the disability you suffer on the job. Workers’ compensation provides benefits for disabled workers. Unfortunately, these benefits only represent a portion of the income you would have earned if you were able to work. By statute, disability benefits also end after a maximum number of weeks.

Due to the limitations of workers’ compensation, it is important to explore all of your options for benefits and recovery. An experienced lawyer can help.

3. Workers’ Comp May Not Cover All of Your Losses

In the event of a minor work injury, your losses may only include medical bills. You may also be entitled to payments for lost wages if your injury keeps you from working for more than 7 days. However, if you are seriously injured on the job, you may face additional losses not covered by workers’ compensation.

A work injury lawyer can explore your options for recovering pain and suffering damages and compensation for other losses. For example, depending on the circumstances, you may be able to pursue a third-party claim.

3a. What Is a Third-Party Claim?

Workers’ comp is a no-fault system. You don’t have to prove that your employer was at fault in order to receive benefits, and you generally forfeit the ability to sue by accepting workers’ compensation benefits.

If, however, your job injury is the result of negligence of a third party, you may be able to recover full compensation through a personal injury claim.

Third parties that may be liable for an on-the-job injury include:

  • The owner of the work site
  • The owner of a facility where you are working
  • The contractor responsible for the safety of the site

New York Labor Law 240 provides one example of the grounds a worker may have for a third-party action. Also called the “Scaffold Law,” NY Labor Law 240 assigns strict liability to construction site owners, contractors, and their agents for erecting and furnishing safe scaffolding for workers who perform job duties at heights. In the event of a scaffold accident, the owner or contractor may be liable if a worker is injured or killed.

Third-party actions are not confined to accidents involving scaffolding. Owners and contractors may also be liable for other dangerous conditions on a job site, including:

Workers may also be entitled to compensation through a third-party action for serious injuries suffered in work-related car accidents. If you were injured on the road in the course of your job, the at-fault driver may be liable for the injuries and other losses you suffer.  

Contact Our Work Injury Lawyers Today

If you or a loved one has been hurt at work and you are wondering about the options you and your family have for compensation, Dreyer Boyajian LLP is here to help. Our lawyers have decades of experience serving clients in work injury cases involving construction and other industries.

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Please contact a work injury lawyer at Dreyer Boyajian LLP at (518) 463-7784 today for a free consultation. Our lawyers serve clients throughout the Capital District, including Albany, Saratoga Springs, Troy, Schenectady, and other areas of New York.

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