A fall at work can stop a paycheck and start a long stretch of medical care. A Queens work injury lawyer at Chaikin Trial Group Personal Injury Lawyers can look at where you fell, why you fell, and who had the duty to keep the area safe. Our attorneys bring 50 years of combined experience to injury cases.
Some falls that happen at work may involve more than a workers’ compensation claim when a property owner, contractor, maintenance company, or another business shares responsibility. Our slip and fall accidents at work lawyer in Queens will investigate and explain which claims may apply and work to pursue damages for you.
We have recovered more than $100 million for injured clients while staying focused on personal service. We only take cases we can give ample time and attention to, and you’ll get direct access to your lawyer. Call us today to learn more during a free consultation.
How Our Queens Workplace Slip and Fall Attorneys Handle These Cases
Workplace falls raise questions that may not come up in an ordinary slip and fall case. Your employer or another party may have played a role, and different insurance policies and legal rules may apply.
At Chaikin Trial Group Injury Lawyers, our Queens personal injury lawyers will start by finding out how your fall happened. We’ll look at who was in charge of the area and who knew about the unsafe condition. As we investigate, we may review accident reports, pictures, video footage, witness accounts, inspection records, contracts, and other evidence.
We will identify any insurance policies that may cover the accident and deal directly with insurers that dispute responsibility or try to limit what they pay. If we decide to file a lawsuit, we will stand by your side all the way through a trial, if necessary.
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How Does a Slip and Fall Accident Happen at Work?
A workplace slip and fall happens when a worker loses footing or trips over a hazard and falls. The worker may hit the floor, stairs, equipment, shelving, or another hard surface.
Common causes include:
- Wet or slippery floors
- Snow or icy walking areas
- Floors with dips, raised edges, or other irregular surfaces
- Mats that shift or bunch up
- Clutter or debris
- Cords or materials in a walkway
- Broken steps or handrails
- Poor lighting
- Holes or damaged walking surfaces
- Unsafe construction areas
The height of the fall does not always show how serious the injury is. A person can suffer a major head, back, neck, or joint injury from a same-level fall. A fall from a ladder, scaffold, platform, roof, or another height can cause catastrophic or fatal injuries.
Who May Be Responsible for a Fall on the Job?
Workers’ compensation generally covers medical treatment and part of a worker’s lost wages after a job-related injury. They usually receive these benefits without being required to prove that the employer caused the accident.
If someone other than the worker’s employer contributed to the fall, the injured worker may have a claim against that third party. Depending on the facts, a third-party claim may involve:
- A building or property owner
- A general contractor
- A property management company
- A maintenance or cleaning company
- A business occupying the property
- Another company that created or failed to correct the hazard
Our Queens job site slip and fall lawyers will look closely at who owned, controlled, maintained, or worked in the area where the fall occurred. Our investigation may reveal sources of insurance coverage that extend beyond a workers’ compensation claim.
A Fall at a Queens Work Site May Raise Different Legal Issues
Not every fall at a job site is treated like an ordinary slip and fall under state law. If a worker falls from a height while on a construction job, Labor Law § 240 may apply. Labor Law § 241 may also apply to certain safety violations during construction, excavation, or demolition work.
These protections may apply regardless of a worker’s immigration status. A Queens undocumented construction worker injury lawyer at our firm will review the situation and explain what rights an injured worker may have.
Our principal attorney, Ian Chaikin, grew up around construction, giving him firsthand familiarity with the work and the conditions workers face. To learn more about how the team at Chaikin Trial Group Personal Injury Lawyers can help you or a loved one, call today for a free consultation.
What Damages Are Recoverable After a Serious Injury at Work?
Injured workers may be able to receive various damages with a third-party claim, such as:
- Hospital stays, doctor’s appointments, surgery, and follow-up care
- Paychecks missed because of the injury
- Future income the injury prevents you from earning
- Rehabilitation needed to regain strength or movement
- In-home help or other support during recovery
- Ongoing pain from the injury
- Anxiety, depression, or other emotional effects
- Activities you can no longer enjoy as before
- Long-term or permanent limits on movement and function
- Visible scars or permanent changes to the body
- Out-of-pocket expenses from the accident
Any long-term injuries you or a loved one has require a careful look at future costs. Our Queens fall injury lawyers will also consider future treatment, reduced earnings, and how a lasting injury can affect everyday life.
Fatal Workplace Falls and Wrongful Death Claims
If you lost someone you love in a work-related fall, we are deeply sorry for what your family is going through. If a wrongful act, neglect, or default caused your loved one’s death, the personal representative of the estate may be able to bring a wrongful death action forward.
Wrongful death damages can address financial losses resulting from the death, such as funeral and burial expenses and the income the deceased person would have made. If taking legal action is the next step, our Queens wrongful death lawyer will handle the lawsuit and continued negotiations so that your family does not have to deal with insurers alone.
Call us today to discuss your situation during a free case review. We will review the accident and explain how state law affects your case.
Questions About Queens Slip and Fall Accidents at Work
Workplace falls can raise questions about compensation, benefits, lawsuits, insurance, and other concerns. Here are some answers to common concerns we hear.
What if I Was Partly Responsible for My Fall?
Do not assume that an accusation of fault ends your case. Various factors matter in these cases, including the actions of other parties. Our Queens work slip and fall attorney will review the evidence before you accept an insurer’s version of what happened.
What if the Insurance Company Says My Injuries Are Not That Serious?
Your medical records can help show the nature of the injury, but our analysis will not stop with the diagnosis. Treatment, work restrictions, pain, future care, reduced earning ability, and limits on daily activities can help show the full effect of the injury.
What if the Hazard Is Gone Before I Can Take a Picture?
If someone cleans a spill, moves an object, or repairs a broken surface after your accident, that does not prevent you from bringing a claim. Witnesses, security video, accident reports, maintenance records, photographs taken by others, and other evidence may help show what the area looked like when you fell.
How Long Do I Have to File a Slip and Fall Lawsuit in New York?
You generally have three years from the injury date to file a personal injury lawsuit in New York under NY CPLR § 214(5). A wrongful death lawsuit generally has a two-year deadline from the date of death, as outlined in NY EPTL § 5-4.1. Some cases have shorter deadlines, so the time limit should be checked early.
Get Help From Our Queens Slip and Fall Accidents at Work Lawyers Today
A fall injury that happens at work deserves a close look at the job site, the people and companies involved, and every source of insurance that may apply. Chaikin Trial Group Personal Injury Lawyers is ready to get to work on your case.
We can review your situation and advise when you can sue outside workers’ comp after a workplace slip and fall accident. We act quickly when a lawsuit needs to be filed and stay firm with insurance companies that try to limit what they pay.
Our team speaks English and Spanish, and we work on contingency so that you pay no attorney’s fees unless we recover damages. Come in as a client, leave as a friend. Contact us today for a free consultation.
