New York State law requires that an employer have Workers’ Compensation Insurance to cover a worker who is injured while “on-the-job”. This insurance is available to cover all types of work-related injuries. An injured worker should immediately report the injury to the employer and seek medical treatment to document the injuries. A claim will be established with the insurance company for the employer and hospital and medical bills will be paid by the insurance company. Lost earnings are also covered if the injured worker is unable to work. Workers’ Compensation insurance covers all work place injuries, regardless of how the injury happened. Under the law in New York, an employee cannot sue his or her own employer.
THIRD-PARTY CLAIMS MAY BE POSSIBLE
There are cases where you are injured while working, and in addition to making a Workers’ Compensation claim, you may be entitled to make what is called a “Third-Party” Claim. To make a Third-Party Claim, you need to show that your accident was caused by the negligence of someone other than a co-worker or your employer. For example, if you are a truck driver, bus driver or taxi driver and while working you get hurt in an accident with another vehicle you may be able to sue the owner and driver of that other vehicle, if the other vehicle’s driver was at fault. Or, you could be working on a construction site with different sub-contracting companies. If an employee from another company causes your injury you can make both a Workers’ Compensation Claim and a Third-Party Claim against the other contractor. Another example: You work for a company which rents space in an office building. The building’s owner is responsible for making sure the building is properly maintained. If you are injured in the bathroom, the elevator or the lobby of the building you will have a Worker’s Compensation claim through your employer’s insurance. You may also have the right to sue the building’s owner depending on how the accident happened. You should call Ernest Holzberg & Associates immediately to investigate your accident and see if you have a Third-Party claim. These cases need to be carefully coordinated with the Worker’s Compensation case. We have successfully handled many types of Third-Party cases for over 50 years. If you need a workers’s compensation attorney we will refer you to one even if you do not have a Third-Party claim.
It is important to have the right team behind you fighting for your rights and getting you the compensation you deserve. We are here to help you with your work related injury case. Please call us as soon as possible after an injury as there are deadlines for filing claims.We have successfully handled many types of Third-Party cases for over 50 years. It is important to have the right team behind you fighting for your rights and getting you the compensation you deserve. We are here to help you with your work related injury case. Please call the New York Personal Injury attorneys at Ernest Holzberg & Associates as soon as possible after an injury as there are deadlines for filing claims. We have successfully handled many types of Third-Party cases for over 50 years.
