New York City Personal Injury Law Blog
FAQs about Industrial Accidents and Claims in New York
Posted on Feb 6, 2017 in Personal Injury FAQs
According to statistics from the Occupational Safety and Health Administration (OSHA), there were 4,836 workplace fatalities in the United States in 2015.
This accounts for 3.4 deaths per 100,000 full-time equivalent workers and means that on average, there were more than 13 deaths each day and more than 93 a week that year. 17 percent of all fatal work injuries were fatal work injuries that involved contractors in 2015.
Common Questions about Industrial Accidents
Many people have questions about industrial accidents in New York and the legal options they have. Here is a look at some of the most common ones:
Q1: Can I file a lawsuit against my employer for an industrial accident?
A: In some industrial accident cases, the injured worker is entirely at fault, whether it is because of recklessness or carelessness at the job site. However, there are many cases where the accident is caused by some type of negligence on the employer or a co-worker’s part. For example, the employer did not provide proper drilling and training in following workplace safety regulations or failed to inspect and maintain machinery and equipment properly and regularly.
In such cases, the injured worker may be able to sue for personal injury. Surviving family members may also be entitled to file a wrongful death lawsuit. Even if the employer is not at fault, an injured worker may be able to file a claim for workers’ compensation benefits, as long as such insurance is carried by the company.
Q2: What if I have developed an illness as a result of exposure to hazardous chemicals?
A: Not all industrial accident claims are cases with devastating injuries that occurred in tragic accidents. You can also pursue financial compensation for an occupational illness or disease resulting from exposure to chemicals. Many industrial workers in chemical plants, manufacturing, refineries, and other sectors are forced to work directly in contact with, or in the vicinity of, hazardous chemicals that can be highly dangerous and toxic to the worker’s health.
Q3: What should I do if I am pressured not to report my injury?
A: In some cases, employers try to dissuade injured workers from taking action after they have been injured in an accident. Sometimes it is to avoid the consequences the negative results of reporting lost-time accidents, while in other cases, it could be to keep insurance premiums down. As a worker, you fortunately have a right to file a workers’ compensation claim and should not allow retaliation threats to keep you from moving forward.
Get legal Help in New York for Industrial Accidents
If you or a loved one has been injured in an industrial accident in New York, you should immediately seek the help of the reliable and profound personal injury attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280. RMFW Law has won millions of dollars for past clients, you too can on this glorious list.
RMFW Law knows how to win cases and we know how to attack the other side. We know how to negotiate inside and outside the courtroom. Give us a call so we can determine if your case is viable or not. RMFW Law is not paid until you are paid and since we only take a percentage of the final settlement or verdict, you really never have to write us a check.
The first meeting is free. You have lots to gain by calling RMFW Law.