Not many of the injured victims who come in to speak with experienced injury lawyers understand categories and levels of injury as applied in New York state labor law. The fact is that there is a certain threshold for specific kinds of injury claims and cases that go beyond the usual workers’ compensation claim.
Up to a certain threshold of injury, a worker is not allowed to sue an employer. The case must be pursued in relation to general workers’ compensation benefits systems. However, a certain category of injury known as “grave injury” is treated differently. In these types of cases, third parties are sometimes listed (along with employers) as parties who are asked to contribute to an injured victim’s compensation.
The bar for grave injury involves detailing certain kinds of severe and permanent physical injuries to the body. These criteria include loss of multiple digits, amputation of a limb, certain types of paralysis, certain losses of senses, certain types of disfigurement and certain types of brain injury.
In some cases, court activity goes beyond a simple ‘yes or no’ definition of grave injury. For example, New York courts have looked at whether or not a thumb constitutes a finger and how much of a given finger or toe must be severed in order to qualify the injury victim for grave injury status.
In this context, it obviously makes sense to have the best legal representation. Injured victims rely on their attorneys to not only pursue the case factually and represent them in court, but they will also look at these types of details in a defense, claim or legal conflict situation, in order to get them the best chance of full compensation for their injuries.
For example, if a court is open to interpretation on grave injury criteria, the injury attorney needs to look closely at all applicable statutes, get the right facts and details, and present them well to try to impact the determination of the court.
This is just some of what a qualified personal injury attorney does for an injured worker. Those who are injured on the job deserve the full benefit of what’s applicable under the law. But they often need qualified and professional legal assistance in order to make sure their voices are heard in court.
Deciphering things like grave injury, statutes of limitation or specific defense obstacles is just part of the advocacy that these lawyers provide. A good injury lawyer will help a victim get access to impartial and timely medical evaluation and will help build a model for compensation that’s reasonable under the law. It’s all a part of serving the client’s best interests in an effort to help a family cope with the effects of an injury after an accident.
Hurt at work? Call the experienced personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff. Let us assist with bringing a personal injury case in the state of New York to get justice under the law for you and your family.