Workplace Injuries

Clarifying Your Claim

People who are injured on the job have many different things they must think about. Knowing whether you have a workers’ compensation claim, a personal injury claim or both can be one of the most important factors to determine. For construction accidents, this can be very difficult. The personal injury lawyers at Caesar & Napoli, represent people who have been injured in construction accidents in the workplace throughout Brooklyn, Queens and Manhattan. We are a well-established construction accident firm that is committed to helping our clients achieve justice.

Working With Experts, Drawing On Experience

It is important to talk to a lawyer who has significant experience handling third-party claims and understands how to approach a case that involves a workplace injury. Caesar & Napoli, has a network of medical experts, engineers and other experts who can help with your case. We thoroughly investigate the cause of the accident, and are determined to help you get the benefits and compensation you deserve.

Injuries In The Workplace

Our New York workplace injury attorneys have represented people who have suffered all types of injuries, including:

• Broken bones and fractures
• Burn injuries
• Loss of a limb
• Back injuries
• Spinal cord injuries
• Traumatic brain injuries

For decades, the construction accident attorneys at Caesar & Napoli, have been helping victims who have been injured on the job. We understand the complexities involved in construction accidents, including how to successfully handle third-party claims. We have in-depth knowledge of New York construction law and have successfully handled some of the most complicated injury claims in the state.

Contact Us

At Caesar & Napoli, we do not charge for initial consultations. To schedule a meeting with one of our attorneys to discuss your injury case, please contact us at (888) 235-6766 . Most personal injury cases are handled on a no-win, no-fee basis. We are not paid attorney’s fees unless we win a recovery for your case.

What to Do First After a Workplace Injury

New York workers’ compensation runs on deadlines and paperwork, and the first few steps matter more than most people realize.

• Tell your employer in writing, and do it quickly. New York generally requires written notice to your employer within 30 days of the accident. Verbal notice to a supervisor is easy to dispute later.
• See a doctor who is authorized to treat workers’ compensation patients. Treatment from an unauthorized provider can create billing problems and gaps in the record.
• Say clearly that the injury happened at work. Intake notes that leave this out are used later to argue the injury came from somewhere else.
• File your own claim rather than relying on your employer to do it. An employee claim, form C-3, is filed with the Workers’ Compensation Board and generally must be filed within two years of the accident.
• Keep records of everything. Medical visits, mileage, prescriptions, work restrictions and lost time all factor into what you are owed.
• Do not assume workers’ compensation is your only option. If someone other than your employer contributed to the injury, a second claim may exist alongside it.

Workers’ Compensation and the Third Party Claim Most People Miss

Workers’ compensation is a no-fault system. You do not have to prove your employer did anything wrong, and in exchange it is generally the only claim you can bring against your employer. It pays for authorized medical treatment and a portion of lost wages. It does not pay for pain and suffering, and the wage benefit rarely matches what a serious injury actually costs a household.

What often goes unnoticed is the separate claim against someone who is not your employer. On a job site that could be a property owner, a general contractor, another subcontractor, a delivery driver, a maintenance company, or the manufacturer of a defective machine or tool. That claim is fault based, and it can cover the losses workers’ compensation leaves out. Construction work carries additional protections under New York Labor Law sections 240(1), 241(6) and 200, which place duties on owners and general contractors that cannot simply be handed off.

Pursuing both at once takes coordination. The workers’ compensation carrier will normally assert a lien against a third party recovery, and settling the third party case without properly addressing that lien can reduce or jeopardize benefits. This is one of the more common ways an injured worker loses money on an otherwise good outcome.

Deadlines That Apply to Workplace Injury Claims

Written notice to your employer is generally due within 30 days of the accident, and a workers’ compensation claim within two years. A third party personal injury lawsuit generally must be started within three years of the injury, and a wrongful death claim within two years of the death. If a government entity may share responsibility, a Notice of Claim is usually required within 90 days. Because these clocks run at different speeds, the safe approach is to have someone look at all of them early rather than one at a time.

Workplace Injury Questions We Hear Most Often

Can I be fired for filing a workers’ compensation claim?

New York law prohibits an employer from retaliating against an employee for filing or pursuing a workers’ compensation claim. If you believe that has happened, it should be raised promptly, because retaliation claims have their own procedures and timing.

What if my employer says I am an independent contractor?

The label on your paperwork is not the last word. New York looks at the actual working relationship, including who controls the work, who supplies the tools and how you are paid. Workers who were told they were contractors are sometimes found to be employees for workers’ compensation purposes.

What if the injury built up over time instead of happening all at once?

Repetitive stress conditions and occupational illnesses can be compensable in New York. The timing rules work differently for these claims, often running from when the condition was diagnosed and connected to the work rather than from a single accident date.

Does workers’ compensation cover me if the accident was my fault?

Generally yes. Workers’ compensation is a no-fault system, so ordinary carelessness on your part does not disqualify you. There are narrow exceptions, such as injuries caused by intoxication or intentional self harm.

What does it cost to have my case reviewed?

Initial consultations are free. Most personal injury cases at the firm are handled on a no-win, no-fee basis, which means attorney’s fees are owed only if there is a recovery.

The information on this page is general and is not legal advice. Deadlines and outcomes depend on the specific facts of each case.