Unfortunately, workplace injuries are common in Clarkstown. This can leave an injured worker not only out of income but also facing serious medical costs.
When tragedy strikes at work, it is important to know that you can recover compensation for your damages in a lawsuit. However, filing a lawsuit can be challenging, depending on who is responsible for your injuries. If your employer caused your accident, you can sue them, but only under certain conditions. If a third party was responsible, though, you have fewer restrictions to hold them accountable.
For a free case assessment with our workplace injury lawyers, call The Martello Law Firm, PLLC at (914) 685-6950.
Suing for Workplace Injuries in Clarkstown, NY
If you have been injured at work, it is important to know that there are limited circumstances in which you can file a lawsuit. In cases where your employer has acted negligently and caused your injury, you may be able to seek damages through a lawsuit. However, it is crucial that your employer’s negligence is accompanied by a specific act as defined by the law in order to file a lawsuit successfully. Our workplace injury lawyers can help you determine who is liable for your injuries and hold them accountable. Fortunately, these limitations do not apply if your injuries were caused by a third party.
Suing Your Employer for Your Workplace Injuries
If an employee sustains injuries in their Clarkstown workplace, they might be able to bring a lawsuit against their employer under L.A.B. Law § 200, § 240(1), and § 241(6). These laws define which situations an employee can sue their employer if they have acted negligently. These accidents include falling from a ladder or scaffold, falling due to an unsecured opening, being struck by falling debris, or the employer violated state or federal codes or regulations. Additionally, if an employer fails to provide insurance when required, they may also be held liable.
Suing a Third Party for Your Workplace Injuries
Workplace accidents often occur due to the negligence of third parties. Thankfully, in Clarkstown, victims have the right to sue third parties for injuries caused by their negligence without any restrictions like those listed above. For example, if a delivery driver slips and falls on a worksite while making a delivery, the property owner or general contractor might be held accountable. Similarly, if a worker gets injured due to a defective tool or product, the manufacturers and designers can be held liable for the harm caused by their defective products.
Proving a Clarkstown, NY Workplace Injury Lawsuit
If someone else’s negligence caused your injuries, you will still need to prove your case. To succeed in a workplace injury lawsuit against the liable party, you must establish the following four elements:
Duty of Care
The first element to establish in a negligence case is that the defendant owed a duty of care to you. In the context of workplace injuries, employers have a duty to provide a safe working environment for their employees. This includes complying with relevant health and safety regulations, providing proper training and supervision, and ensuring that equipment and machinery are well-maintained and safe to use.
Breach of Duty
Once it is established that the defendant owed a duty of care, the next step is to prove that they breached this duty. This means demonstrating that the defendant’s actions or inactions fell below the standard of care expected in the given circumstances.
The third element involves proving that the defendant’s breach of duty directly caused the plaintiff’s injuries. In other words, there must be a clear link between the defendant’s negligence and the harm you suffered.
The final element of negligence is proving that you suffered actual damages as a result of the defendant’s breach of duty. These damages can be economic, like medical expenses and lost wages, or non-economic, such as pain and suffering and emotional distress.
Common Causes of Clarkstown, NY Workplace Injuries
On-the-job injuries are a common occurrence in workplaces and can pose a serious threat to workers’ safety. There are numerous causes of workplace injuries that employees should be aware of. The following are some of the most ways workers are injured in Clarkstown:
Slip and Fall Accidents
One of the common workplace hazards is injuries resulting from slipping, tripping, or falling due to unsafe conditions. Some examples of such conditions include wet or slippery floors without proper warning signs, uneven surfaces or loose floor tiles, cluttered walkways, or obstructed aisles.
Machinery and Equipment Accidents
Workplace injuries can occur due to malfunctioning, poorly maintained, or improperly used machinery and equipment. Some examples of such injuries are amputations or crush injuries caused by unguarded or defective machinery, electrocutions resulting from faulty wiring or equipment, and burns due to hot surfaces or steam.
There are various types of injuries that can occur in the workplace, particularly those related to vehicle collisions or accidents involving transportation equipment. Some examples of such accidents can include collisions between company vehicles while on the job site, forklift accidents that involve employees or pedestrians, and employees being struck by moving vehicles or equipment.
Falls from Heights
Falling from elevated surfaces like ladders, scaffolding, or roofs can also cause serious injuries. Some examples of such falls include improperly secured or defective ladders, inadequate safety measures on scaffolding, and lack of fall protection equipment or training when working on roofs.
Repetitive Stress Injuries
Repetitive motions or overexertion can lead to injuries that cause musculoskeletal disorders. Some examples include carpal tunnel syndrome caused by constant computer use or assembly line work, as well as tendonitis or bursitis from repetitive lifting or carrying heavy objects.
Exposure to Hazardous Substances
Workplace injuries or illnesses caused by harmful substances can be detrimental to one’s health. For instance, prolonged exposure to asbestos can lead to respiratory illnesses, while contact with hazardous materials can cause chemical burns or poisoning.
Contributory Negligence in a Clarkstown, NY, Workplace Injury Lawsuit
Experiencing a workplace accident can be a chaotic and overwhelming event. It is common for injured workers to worry that they may not receive compensation if they played a role in causing their injuries. However, in Clarkstown, injured workers can recover damages even if they were partly responsible for the accident that caused their injuries.
In New York, there is a pure comparative negligence rule that governs how damages are awarded. As per C.V.P. Law § 1411, the amount awarded to an injured worker will be reduced based on the percentage of fault they are deemed responsible for causing the accident. For instance, if you were awarded $100,000 for your injuries but found to be 50% at fault for the accident, you would receive $50,000. Even if you were found to be 99% responsible for the accident, you would still recover 1% of the total damages awarded.
Our Clarkstown, NY Workplace Injury Lawyer Can Help
Contact The Martello Law Firm, PLLC today at (914) 685-6950 for a free case review with our workplace injury attorneys.