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Hauppauge Workers’ Compensation Attorney

Skilled Workers Comp Lawyers in Hauppauge, NY

hauppauge workers comp attorneysOur experienced Hauppauge Workers Compensation Attorneys have been fighting for the rights of injured workers in Hauppauge and across Long Island for years. We understand the challenges and hardships that come with workplace injuries, and we are committed to helping our clients get the compensation they deserve.

Our team of legal experts has a deep understanding of the New York State Workers Compensation system and can guide you through the process, ensuring that your rights are protected and that you receive fair and just compensation for your injuries.

Do I Have the Legal Right to File a Lawsuit For My Job Injury in Hauppauge?

In New York, most employees who are injured on the job are covered by the state’s workers’ compensation system, which provides benefits to employees who are injured or become ill in the course of their employment. Generally, employees who receive workers’ compensation benefits are barred from suing their employer for their workplace injury, with some limited exceptions.

However, there are certain circumstances where an injured employee may be able to bring a personal injury lawsuit against their employer or a third party. For example, an injured employee may be able to bring a lawsuit if their employer intentionally caused their injury or if a third party, such as a manufacturer of a defective product, is responsible for the injury.

Additionally, if an employer does not have workers’ compensation insurance or if the employer’s conduct was particularly egregious, an employee may be able to bring a lawsuit against the employer for damages beyond those available through workers’ compensation.

What Types of Personal Injury Lawsuits Can I Pursue if I’m Injured at Work?

If you’ve been injured at work, you may be able to file a personal injury lawsuit if a third party was involved. Types of cases you can pursue include:

  • Motor Vehicle Accidents: If you were injured by a negligent driver while working, you may be able to sue the driver’s insurance company for financial losses such as medical bills, lost wages, and pain and suffering.
  • Premises Liability: If your work injury was caused by a hazardous condition that was neglected by the property owner, you can pursue a personal injury lawsuit against the owner of the premises. This can even include getting injured at your place of employment if your employer is not the owner of the property.
  • Defective Products: If a piece of faulty equipment was the cause of the workplace accident, you may be able to file a personal injury claim against the equipment manufacturer.

What Should I Do If I’m Injured at Work?

If you’ve been injured at work in New York, you may be entitled to workers’ compensation benefits. Here are the steps you can take to receive compensation:

  1. Report the injury to your employer: You should report your injury to your employer as soon as possible, but no later than 30 days after the accident. Failure to report the injury within the 30-day time limit may jeopardize your right to receive benefits.
  2. Seek medical attention: You should seek medical attention for your injury as soon as possible. Your employer may have a list of approved medical providers, but you can also seek treatment from your own doctor. Be sure to inform the doctor that your injury is work-related.
  3. File a claim for workers’ compensation benefits: You can file a claim for workers’ compensation benefits by completing a C-3 form, which can be obtained from your employer or the New York State Workers’ Compensation Board.
  4. Wait for a decision: Once your claim is filed, the insurance carrier will investigate your claim and make a decision regarding your eligibility for benefits. If your claim is approved, you will begin to receive benefits. If your claim is denied, you have the right to request a hearing.
  5. Hire an attorney: If you encounter any difficulties in receiving benefits, it may be helpful to consult with an experienced workers’ compensation attorney. An attorney can help you navigate the system and fight for your rights.

Remember, it’s important to act quickly after a workplace injury to protect your rights and ensure you receive the compensation you deserve.

What Compensation Can I Receive Beyond Worker’s Comp?

Worker’s Compensation covers medical bills and lost wages resulting from a workplace injury. This doesn’t always cover all the losses that come from an accident. You are generally barred from suing your employer if you’ve been injured on the job. However, if there is negligence beyond the employer, such as from a third party, you may be able to sue them to recover the full amount you are owed. Here are a few examples of compensation that may be available in a personal injury lawsuit:

  • Pain and suffering: This includes compensation for physical pain, emotional distress, and mental anguish caused by the injury.
  • Lost wages: With worker’s comp, you receive two-thirds of your weekly salary multiplied by the percentage of disability, based on an independent medical exam provided by your employer’s insurance. Even if you are deemed 100% disabled, this is only a fraction of your salary. If you are able to file a personal injury lawsuit against another party, you may be able to receive the remaining compensation for your lost wages.
  • Medical expenses: Certain out of pocket medical expenses may not be recovered under Workers Compensation insurance. If another party is involved, you may be able to sue them for these additional costs. 
  • Property damage: If your personal property was damaged in the accident, such as your car or tools, you may be able to recover compensation for the cost of repair or replacement.
  • Punitive damages: In some cases, the court may award punitive damages, which are intended to punish the defendant for particularly reckless or egregious behavior.

The amount of compensation you may be able to receive in a personal injury lawsuit will depend on the circumstances of your case, the severity of your injuries, and other factors. It’s important to consult with an experienced attorney to determine your rights and options for seeking compensation.

Contact a Hauppauge Workers Compensation Attorney Today

We offer a free consultation to all our clients, during which we’ll review your case and discuss your legal options. Not only that, but we work on a contingency fee basis, which means you don’t pay us anything unless we win your case.

At Palermo Law, we are committed to providing our clients with the highest level of legal representation and personal attention. Our attorneys will work tirelessly to get you the compensation you deserve and will keep you informed and involved every step of the way.

If you’ve been injured on the job, don’t hesitate to contact us today. Let us help you get the justice you deserve.