How Do Hand-Propelled Vehicle Accidents Occur?

Property owners and contractors are required to ensure that construction sites are kept reasonably safe. This includes any equipment that is used to help workers carry out their tasks. Under New York law, wheelbarrows, hand trucks, and other hand-propelled vehicles must be kept in serviceable condition and stored safely. The law also specifies that there must be six inches of curbing in areas where the material will be dropped from a hand cart to a lower level. Failure to follow these safety mandates can result in accidents that cause severe injuries to the workers who operate them.    

In addition to the disregard of applicable labor laws, there are many other ways hand-propelled vehicle accidents can occur on construction sites, including:

• Overloading
• Attempting to move an unbalanced load
• Failure to maintain equipment properly
• Unleveled ramps
• Wet floors
• Improper hanging of weights
• Defective wheels or structural components

Hand-propelled vehicle accidents can cause a worker to suffer a wide variety of injuries, including crush injuries, traumatic brain injury, concussion, paralysis, broken bones, amputation, and permanent disability. These types of injuries can require extensive medical treatment, cause a construction worker to lose time from work, and result in other economic and non-economic losses.   

Compensation for Injuries Caused by Hand-Propelled Vehicle Accidents

While a construction worker who was hurt on the job in a hand-propelled vehicle accident cannot sue their employer due to New York’s Workers’ Compensation laws, they may be eligible to file a personal injury lawsuit against a third party who should be held accountable for their negligence, carelessness, or recklessness. For example, site owners, contractors, and subcontractors all have a responsibility to ensure that a job site is free from hazards. 

Workers’ Compensation benefits cover accident-related medical costs — but they only provide a worker up to a certain amount of their lost wages. It also does not compensate a worker for their pain and suffering. By prevailing in a personal injury action, a worker may be able to recover both their economic and non-economic damages. 

Economic damages compensate a worker for things like their medical costs, the expenses associated with any accident-related surgeries or procedures, out-of-pocket costs incurred due to the accident, and lost wages. Non-economic damages usually comprise the most significant component of a personal injury action and compensate a worker for the physical pain and emotional suffering they endured in connection with their injuries.

Contact an Experienced New York Construction Accident Attorney

If you’re a construction worker who sustained injuries in a hand-propelled vehicle accident on a job site, you may be entitled to monetary recovery in a personal injury lawsuit. It’s critical to have a skilled personal injury attorney by your side who can help you obtain the compensation you deserve. The attorneys at the Dearie Law Firm, P.C. are committed to advocating for the rights of workers injured by another’s negligence, and we fight to secure the maximum compensation available in each client’s unique case.    

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.  

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While the law is very specific, it’s essential for construction workers to be aware of what is covered and how the law is applied. Here are five things to know about New York’s Scaffold Law:

1. The Law Isn’t Limited to Scaffolds

Under New York’s Scaffold Law, owners, contractors, and their agents are required to provide certain types of safety devices for height-related activities. However, the statute doesn’t limit protection to just scaffolds — ladders, hoists, and other devices are included under the scope of the law. The statute also specifically lists slings, hangers, hoists, stays, blocks, pulleys, braces, irons, and ropes.

2. The Scaffold Law Offers Protection from Falling Objects

In order to invoke the protections of the statute, the accident must be one that involved the forces of gravity. Not only does the Scaffold Law offer legal safeguards to construction workers for falls from heights, but it also applies to falling objects. Critically, the falling of an object does not create a labor law violation by itself — the object must have fallen due to the contractor’s failure to provide an adequate elevation device. Liability will not be imposed under the statute for a worker’s carelessness or an accident that didn’t involve a violation of the statute.����

3. The Scaffold Law Covers Various Construction Activities

The Scaffold Law applies to seven categories of height-related construction activities. These include erection, demolition, repairing, altering, painting, cleaning, and pointing. However, it’s important to note that the law does not apply to maintenance, manufacturing, or decorative work. In addition, scaffolds are used to help many different workers carry out their jobs.��Bricklayers, electricians,��window washers, carpenters, and welders are just a few types of workers who are at risk for height-related accidents.�� ��

4. You Might Be Entitled to File a Personal Injury Action for a Scaffold Accident

Construction workers who are injured on the job due to a height-related accident might not be limited only to Workers’ Compensation for their recovery. Although workers cannot sue their employers due to New York’s Workers’ Compensation laws, they may be able to bring a personal injury lawsuit against a responsible third party. By filing a personal injury lawsuit, a worker may be entitled to recover their economic damages in addition to their non-economic damages — also referred to as “pain and suffering.

5. Absolute Liability Is Imposed for Failure to Comply with the Scaffold Law

Owners and contractors cannot delegate responsibility for implementing the necessary safeguards to a foreperson or another worker. If a responsible party violates the law, absolute liability is imposed. This means that an owner or contractor can be held liable for failing to provide adequate safety gear, even if they failed to exercise any direct supervision over the work at the time the injury occurred. A plaintiff is not required to prove negligence — only that the violation of the law was the proximate cause of the injuries.    

Contact an Experienced New York Personal Injury Attorney

If you were in a height-related accident caused by a violation of New York’s Scaffold Law, you might be eligible to file a personal injury lawsuit to recover your damages. It’s vital to have a knowledgeable personal injury attorney by your side who can ensure you obtain the maximum compensation you deserve. The personal injury lawyers at The Dearie Law Firm, P.C. have been representing injured construction workers and their families for more than 30 years. They are committed to securing the best possible results in their cases.

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.

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Injuries Caused by Compressed Gas Accidents

Compressed gases on construction sites are often used in welding and various other operations. Proper handling of the cylinders in which compressed gases are stored is essential to avoid explosions, fires, and high-pressure accidents that can occur and lead to life-changing injuries. However, no matter how many precautions are taken, accidents can still arise due to the negligence, recklessness, or carelessness of others.

Some common injuries caused by compressed gas accidents include:    

• Chemical burns
• Poisoning
• Disfigurement
• Asphyxiation
• Third-degree burns
• Fatality

Compressed gas hazards can be avoided by exercising due care, ensuring workers have adequate training, and providing appropriate protective gear. In addition, cylinders should be stored upright in a fire-resistant area and regularly inspected for signs of burn marks, corrosion, dents, odors, or hissing sounds. 

While a construction worker cannot sue their employer for injuries arising as a result of a compressed gas accident due to Workers’ Compensation laws, a personal injury lawsuit may be brought against a negligent third party. Responsible parties may include a manufacturer, subcontractor, engineer, property owner, or other individual.      

Compensation for Compressed Gas Accident Injuries

Although Workers’ Compensation provides injured workers with a certain amount of monetary relief to cover their medical expenses and lost wages, it is often not enough to cover the full extent of a worker’s losses. It also doesn’t compensate for the pain and suffering a worker experienced in connection with their injuries. In cases involving compressed gas accidents, it may be necessary for an injured worker to file a personal injury lawsuit to recover the full extent of their economic and non-economic damages.

Economic damages that may be recovered in a personal injury action for a compressed gas accident can include hospital and emergency room bills, surgery expenses, out-of-pocket medical costs, lost wages, and other pecuniary losses. Non-economic damages are meant to cover losses that are more difficult to quantify, such as pain and suffering and loss of enjoyment of life.

Additionally, a family who lost a loved one in a compressed gas accident in the workplace might be entitled to pursue a wrongful death action. In doing so, they may be able to recover the economic losses they suffered in connection with the loss of their loved one. In some cases, monetary damages may also be awarded for the conscious pain and suffering experienced by the victim due to their fatal injuries.�� �� �� �� ��

Contact an Experienced Construction Accident Attorney�� ��

If you suffered injuries or lost a loved one in a compressed gas accident on a construction site, it’s crucial to have a knowledgeable construction accident attorney by your side. The attorneys at The Dearie Law Firm, P.C. have been advocating for the rights of injured workers and their families for more than three decades. They have an established history of obtaining positive results and securing favorable outcomes in their cases.

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.

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Most people are aware that they may be entitled to compensation for injuries they sustain as a result of their employment. However, you should also understand that you may be eligible for Workers’ Compensation if you suffer from an occupational illness or disease.��

Depending on how the workplace injury or illness arose, you may also be able to recover your economic and non-economic damages from a negligent third-party by pursuing a personal injury action.

What is an Occupational Illness?

Those who work in��construction, manufacturing, and related industries are not only at risk of injury from falls, being struck by objects, or electrocution — they’re also regularly exposed to various toxins, chemicals, and other harmful materials that can cause ongoing health issues, disability, and even fatality.��

New York Workers’ Compensation Law defines an����as one that “arises from the conditions to which a specific type of worker is exposed.” The illness or disease must occur “as a natural incident of a particular occupation.” This means that it must be shown that the illness is related to the working environment connected with the type of work you perform or your job functions. Pre-existing conditions do not qualify for Workers’ Compensation.��

Some examples of occupational illnesses covered by Workers’ Compensation can include:��

• ����������ٴDz�������
• Hearing loss��
• Asthma
• Respiratory conditions
• Skin diseases
• Poisoning
• Cancer

Occupational illnesses are not the same as workplace injuries. While an injury may be caused by one specific accident or incident, work-related illnesses often take months or years to develop.�� �� ��

What Can You Recover in a Workers’ Compensation Claim for a Workplace Injury or Illness?

If you’ve suffered from a work-related illness or injury, Workers’ Compensation will cover up to a certain amount of your medical treatment and lost wages. To obtain Workers’ Compensation benefits for an injury, you must provide your employer notice within thirty days. If you become disabled due to an occupational illness, you generally have two years to file from the date you found out about the illness that caused the disability.�� ����

Workers’ Compensation also provides death benefits to families who lost loved ones to a workplace injury or illness.��

In many cases, Workers’ Compensation does not provide adequate financial recovery for employees who were injured on the job or suffered from a work-related illness. In these cases, they may be able to pursue a personal injury action against a negligent third party.

Can You File a Personal Injury Action for a Workplace Accident or Illness?

Under New York Workers’ Compensation laws, employees are generally barred from suing their employers for injuries that occur at work. However, workers may be entitled to commence a personal injury action against a negligent third party to recover unreimbursed medical expenses and non-economic damages such as pain and suffering.��

The facts and circumstances of whether a third-party can be held liable for negligence in a personal injury lawsuit for a workplace injury or illness are extremely fact-specific. In a construction accident, liability might fall on a third-party such as a subcontractor, engineer, or architect. Where workplace-related illnesses are concerned, a products liability lawsuit may be pursued against the manufacturer of a product containing toxins if you can demonstrate a causal link to your illness. You may also be able to commence a suit against a third-party who failed to provide adequate safety equipment or training.��

Contact a New York Personal Injury Attorney

Proving liability in cases involving workplace illnesses or injuries can be extremely complex. It’s best to discuss the specific facts and circumstances of your case with an experienced workers’ compensation lawyer who can best advise you concerning your legal rights and remedies. A personal injury attorney who handles cases involving workplace injuries and illnesses will know how to properly investigate your claim and ensure that you receive the maximum compensation you’re entitled.

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester, Rockland County, and on Long Island in Nassau County, and Suffolk County. Contact us today for a free consultation.��

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That being said, obtaining workers’ compensation can sometimes prove to be challenging. If you are struggling to get your full and fair benefits, you need to know how to protect your rights. In this article, our New York City workers’ compensation attorneys provide an overview of the process of filing a workers’ comp claim, and, if necessary, appealing a denial.

You Must Notify Your Employer and File a Claim

First and foremost, injured employees have a legal responsibility to report workplace accidents to their supervisor. To ensure that your injuries are properly recorded, you should submit a written notice to your employer within 30 days of the incident. From there, you should submit the . If you have questions about completing this form, contact a lawyer for help.

Initial Appeal: Workers’ Compensation Board Panel Hearing

Ideally, your workers’ comp benefits will be paid shortly after you submit your claim. However, if that does not occur, you need to be ready to file an appeal. As explained by the , your initial workers’ comp appeal will be heard by a panel of three administrative judges. This is often referred to as a ‘board panel hearing’. If your claim was denied, contact a lawyer immediately. Your New York workers’ comp lawyer will make sure that your appeal is submitted in time.

Escalate the Appeal: Request a Full Board Review

If your claim for benefits was not approved by the panel of judges, you will then have the right to request a full Board review of your claim. This is the final stage of the administrative appeals process. To be clear, the Board may not grant your claim for a full review — they have the discretion to refuse to hear cases. Still, you must file for a full review to be eligible to move forward in the appeals process. It is a required step.

Take Your Workers’ Comp Appeal to Court

In some cases, injured workers will be forced to take their case to court to get the full and fair benefits that they deserve. If your administrative appeal was denied, you have the right to bring your claim to the Appellate Division. While most workers’ comp appeals are either settled or resolved at the administrative level, there are some appeals that make it all the way to state court.

Get Help From Our New York Workers’ Comp Attorneys Today

At The Dearie Law Firm, P.C., our New York City workers’ compensation lawyers are standing by, ready to protect your rights. If your workers’ comp claim was denied, you should seek professional representation. For a free, no obligation review of your workers’ comp claim, please contact our law firm right away. We have permanent law offices in Manhattan, and The Bronx, and mobile offices that travel throughout the greater New York metropolitan area.

The post Your Guide to Appealing a Workers’ Comp Denial in New York appeared first on The Dearie Law Firm, P.C..

That being said, obtaining workers’ compensation can sometimes prove to be challenging. If you are struggling to get your full and fair benefits, you need to know how to protect your rights. In this article, our New York City workers’ compensation attorneys provide an overview of the process of filing a workers’ comp claim, and, if necessary, appealing a denial.

You Must Notify Your Employer and File a Claim

First and foremost, injured employees have a legal responsibility to report workplace accidents to their supervisor. To ensure that your injuries are properly recorded, you should submit a written notice to your employer within 30 days. From there, you should submit the . If you have questions about completing this form, contact a lawyer for help.

Initial Appeal: Workers’ Compensation Board Panel Hearing

Ideally, your workers’ comp benefits will be paid shortly after you submit your claim. However, if that does not occur, you need to be ready to file an appeal. As explained by the , your initial workers’ comp appeal will be heard by a panel of three administrative judges. This is often referred to as a ‘board panel hearing’. If your claim was denied, contact a lawyer immediately. Your New York workers’ comp lawyer will make sure that your appeal is submitted in time.

Escalate the Appeal: Request a Full Board Review

If your claim for benefits was not approved by the panel of judges, you will then have the right to request a full Board review of your claim. This is the final stage of the administrative appeals process. To be clear, the board may not grant your claim for a full review — they have the discretion to refuse to hear cases. Still, you must file for a full review to be eligible to move forward in the appeals process. It is a required step.

Take Your Workers’ Comp Appeal to Court

In some cases, injured workers will be forced to take their case to court to get the full and fair benefits that they deserve. If your administrative appeal was denied, you have the right to bring your claim to the Appellate Division. While most workers’ comp appeals are either settled or resolved at the administrative level, there are some appeals that make it all the way to state court.��

Get Help From Our New York Workers’ Comp Attorneys Today

At The Dearie Law Firm, P.C., our New York City workers’ compensation lawyers are standing by, ready to protect your rights. If your workers’ comp claim was denied, you should seek professional representation. For a free, no obligation review of your workers’ comp claim, please contact our law firm right away. We have permanent law offices in Manhattan, Brooklyn, and The Bronx, and mobile offices that travel throughout the greater New York metropolitan area.

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In exchange for employers providing workers compensation insurance for their employees, injured workers cannot sue their employer for an on-the-job accident and injuries. However, if your accident was caused by a “third party” (i.e., another company or a worker not employed by your employer), you may be able to commence a “third-party lawsuit” to recover for the pain-and-suffering that your injuries cause.

Again, workers’ compensation benefits are available to anyone injured while working. But they are limited in that they only cover medical bills and a percentage of your lost wages while you cannot work. Workers compensation insurance does not cover the potentially significant pain and suffering that on-the-job injuries may cause. Such pain and suffering damages are recoverable only in a third-party lawsuit.

Because of the workers compensation benefits, and potential third-party lawsuit, that injured workers should consider, and various filing deadlines related to both, it is very important to speak to an experienced Workers Compensation and Third-Party Lawsuit attorney as soon as possible after sustaining on-the-job injuries.

It is imperative that you promptly report any type of work accident to your immediate supervisor or employer. There are specific time requirements for doing so if you are going to file for workers compensation benefits. After notifying your employer, then you should seek medical treatment.

If possible, you should immediately take pictures of the accident site, or ask a co-worker to do so. It may also be helpful to write down your memory of what happened while the event is still fresh in your mind, as it may be some period of time before depositions, hearings and trial.

After you notify your employer of an accident, they will alert workers’ compensation insurance provider. While workers’ compensation benefits will automatically pay for your medical bills and lost wages, you are only entitled to those benefits if filing deadlines are met.

Typically, insurance companies will start to make payments to you within eighteen days of being notified of your injuries. Keep in mind, you must have lost more than seven days of work to receive payments.

You will be required to fill out and submit an “employee claim” form within two years from the time of the accident. In New York, this is called Form C-3 and is submitted to the insurance company. You cannot alter or change the information you submit, so it is highly recommended you consult with a worker’s compensation lawyer in 91����.

You are entitled to speak to your own workers’ comp and personal injury lawyer in New York at any time during the claim process. An experienced workers’ compensation lawyer and personal injury lawyer will be able to advise you of your rights.

You should speak to an attorney immediately, but especially if:

• Your employer refuses to submit the workers’ compensation claim.
• Your employer does not allow you to seek medical treatment after an accident.
• Your employer forces you to keep working even though you say that you are injured.
• Your employer offers to pay you cash “off-the-books” for your injuries.
• Your employer is discouraging you to file a claim.
• Your employer says that you cannot file for workers’ compensation benefits because it was your fault you were injured.
• Your workers’ compensation claim was denied.
• You are not sure whether you are being paid the full benefits to which you are entitled.
• You want to find out if you have legal remedies in addition to workers’ comp benefits.

As stated previously, you cannot sue your employer for on-the-job injuries. However, the law does allow for what is known as “third-party lawsuits”. If you are injured while on a construction site, and you can demonstrate your injuries were the result of negligence by a third party, then you may have grounds to initiate a lawsuit against the third party.

Third parties are any contractors, vendors, people, businesses, or other entities that are not your employer. Examples of third-parties include: an employee of another company or sub-contractor, the delivery company that is delivering construction materials to a job site, the elevator company responsible for installing or servicing a defective elevators, or the rental company providing equipment or supplies to the job site.

To illustrate how a third party could be potentially negligent, and therefore a viable defendant in a third-party lawsuit, consider the following situation:

You are working on a new high-risk building in Brooklyn and are responsible for installing the plumbing. While working, another contractor’s hammer falls from above and strikes you in the head, causing you to fall and break your arm and wrist.

The other contractor works for a different employer, which would be considered a third party. Due to the negligence of that other contractor’s employee, you were injured. Therefore, you potentially could have a legal right to sue that contractor for pain and suffering, as well as obtain workers’ compensation benefits through your employer.

The primary benefit gained by suing a third party is you may be entitled to receive additional benefits not paid through worker’s compensation, such as pain and suffering, loss of enjoyment of life, and the total amount of your lost wages. This could result in a significant amount of money.

The challenge of third-party lawsuits that does not exist in a workers’ compensation claim is that it must be shown that the third-party was negligent and at fault for your injuries. This is why taking pictures, having a list of other workers presents (i.e., witnesses), and writing down your account of the events as soon as possible can be helpful in establishing negligence. Plus, having these items when you talk to a Brooklyn worker’s compensation lawyer can be beneficial and let you know whether you have grounds to sue a third party.

If you are injured while on the job, whether it is a construction job site or any other type of job, you are entitled to file for worker’s compensation benefits. You should always consider taking advantage of worker’s comp through your employer to avoid costly medical bills.

If a third party was responsible for the accident which caused your injuries, you may be able to sue that third-party. Suing a third-party does not impact the workers’ compensation benefits to which you are entitled through your employer. And again, a personal injury lawyer in 91���� can help obtain a monetary settlement or verdict in a third-party lawsuit that includes financial compensation not covered by workers’ comp.

There are cases where working on a job site may not present any immediate injuries. Sometimes certain injuries could take years or longer before they present. For example, many of the brave first responders after 9/11 are only now being diagnosed with cancers and other injuries caused by their exposure to the toxic environment at Ground.

In situations like this, where injuries are diagnosed years after an employee worked at certain locations, an injured worker may still have the right to file for workers’ compensation benefits, a third-party lawsuit, or, in the case of 9/11, file a claim to the 9/11 Victim Compensation Fund.

Whether your injuries occur immediately while on the job or do not present themselves until several years later, it is always in your best interests to get legal advice from a qualified and knowledgeable work injury lawsuit settlements lawyer in 91����, like those at The Dearie Law Firm, P.C.

For years, we have helped guide injured workers through workers’ compensation claims and third-party lawsuits, obtaining multi-million dollar settlements and verdicts for gravely injured workers.

If you have been injured on a construction job site, or any job, and would like legal advice on workers’ comp and third-party lawsuits, please contact The Dearie Law Firm, P.C. at (212) 970-6500 to schedule a free consultation appointment today.

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