Scaffolding Accident Lawyer

construction worker on construction site at sunsetFollowing a scaffold collapse, your whole life can change in the blink of an eye. Surviving victims and their families can be left reeling, wondering how something like that could happen. New York City area law firm Aronova & Associates is here to help you piece together what happened and hold responsible parties liable. It costs you nothing for legal representation, unless we win money on your behalf. Whenever our scaffolding accident lawyers uncover evidence of an OSHA violation, we fight for sums that are substantial enough to cover all past, present, and future medical bills, plus additional damages, such as pain and suffering.

Scaffolding accident statistics

  • An estimated 2.3 Million U.S. construction workers (65%) use scaffolds in their day-to-day works.
  • Falls account for more than half (58%) of fatal accident injuries among NYC construction workers.
  • Most of NYC’s fatal falls were off scaffolds (25%), followed by ladders (16%) and roofs (11%).
  • At least one violation of OSHA scaffold safety, training, or fall protection standards were cited in more than 90 percent of New York City scaffolding accidents that occurred from 2007-2014.
  • Nationwide, more than 4,500 injuries and 60+ deaths a year are related to scaffolding construction accidents, according to the U.S. Department of Labor and Bureau of Labor Statistics.

Common injuries from scaffolding mishaps

Severe scaffold accidents injuries and deaths are due to the heights involved. They include:

  • Bone fractures
  • Neck injuries
  • Internal bleeding
  • Organ puncture
  • Spinal cord injury
  • Quadriplegia or Paraplegia
  • Traumatic brain injury
  • Lacerations resulting in scarring

Causes of scaffolding collapses on construction sites

Direct factors that contribute to a scaffold fall or collapse may include:

  • Improper installation
  • Defective equipment
  • Lack of guard rails
  • Missing or improperly laid planks
  • Missing side brackets
  • Failure to use proper restraints
  • Working in inclement, windy weather

Who is liable for faulty scaffolding?

If an accident was preventable, it means someone is liable. New York State’s first scaffold law was passed in 1885. The modern version of the New York Labor Law (Sections 240 and 241) explicitly “imposes absolute liability on contractors and work site owners who neglect to provide adequate safety regulations and devices to protect workers from falls and falling objects.”

Employers are directly responsible for worker safety. They are liable for creating comprehensive, updated safety programs and scheduling regular site inspections for fall hazards and proper scaffold use. Employees should be given appropriate tasks related to their training and skill level.

The term “absolute liability” is important for several reasons. First, it means that workers who contributed to their own accidents in some way will not see reductions in their claim for injury. Second, it also extends liability beyond the employer to general contractors, project owners, scaffolding manufacturers, and scaffolding installers.

Why file a scaffolding lawsuit?

You can play a part in preventing the heartache of a scaffolding collapse accident for another NYC family by holding liable parties accountable for their negligence. A New York Times review of construction fatalities in 2013, 2014, and 2015 found that all were “completely avoidable,” and had many common themes. Their investigation concluded that most scaffolding deaths involved:

  • Lack of harnesses or helmets, as required by law
  • Lack of supervision and proper oversight
  • Emphasis on speed, forcing workers to take risky shortcuts
  • Use of nonunion workers and limited training
  • Past history of safety violations and failure to pay penalties

A scaffold lawsuit will not only help you ease the financial burdens associated with sudden injury or loss, but will help you piece together what happened, so you can move on, and future accidents can be prevented.

How much is your case worth?

Damages in a scaffolding collapse case can go way beyond what worker’s compensation covers, to include:

  • Past, present & future medical bills
  • Rehabilitative therapies
  • Disability and permanent disfigurement
  • Home modifications to accommodate disability
  • Loss of income and earning capacity
  • Emotional pain and suffering
  • Loss of companionship and guidance
  • Funeral expenses

While we cannot guarantee a particular result, here are a few examples of NYC scaffolding injury settlements and verdicts:

  • $50.5 Million jury award for a worker suffering from paralysis and brain injury
  • $15 Million settlement for hip and vertebrae fractures, nerve damage, and partial paraplegia
  • $13.375 Million settlement on behalf of a worker who miraculously survived a 47-story fall off a scaffold
  • $10.5 Million settlement for a worker who was paralyzed in a Labor Law violation caused scaffolding accident
  • $3 Million for back injuries resulting in surgery after a scaffold collapse
  • $1.2 Million settlement for a fractures and torn meniscus injuries when a safety harness was not provided

Contact a scaffolding accident lawyer in New York City for a free case review

Reach a qualified NYC & Long Island scaffolding accident lawyer at Aronova & Associates any time, day or night, to explore your full set of options. We serve all of New York City, including the construction accident hotbed of Manhattan, but also Nassau County, and the rest of Long Island. We collect no legal fee unless we win money on your behalf. You may qualify for financial compensation above and beyond worker’s compensation. In New York State, the statute of limitations for filing a personal injury lawsuit is three years from the date of the accident, so do not delay. Our experienced attorneys speak English, Spanish, Creole, French, Russian, and Greek!

Additional Scaffold Tower Accident Resources:

  1. NYC Health – Fatal Injuries Among NYC Construction Workers, https://www1.nyc.gov/assets/doh/downloads/pdf/survey/construction-fatalities.pdf
  2. NY Times – Rise in NYC Construction Deaths Strikes The Poor & Undocumented https://www.nytimes.com/2015/11/27/nyregion/rise-in-new-york-construction-deaths-strikes-the-poor-and-undocumented.html?_r=0
  3. NY Daily News – As NYC Building Boom Takes Off, Construction Fatalities Spike http://www.nydailynews.com/new-york/nyc-building-boom-takes-construction-fatalities-spike-article-1.2401538
  4. OSHA – Scaffolding & Construction, https://www.osha.gov/SLTC/scaffolding/construction.html
What Types Of Personal Injury Claims Are There?

Personal injury claims can include:

  • Auto/Motorcycle Accidents (Includes passengers, drivers and pedestrians involved in accidents)
  • Slip and Fall Accidents (Injuries sustained while on the property of another person or business
  • Product Liability (Includes product recall
  • Wrongful Death (Death resulting from the negligence of another)
  • Construction Site Accidents
  • Product Recalls

Auto/Motorcycle Accidents


If you were injured in a motor vehicle or motorcycle accident as a driver, a passenger, or a pedestrian, you might have a personal injury claim against the at-fault driver who caused the accident. As mentioned above, it is important that a skilled attorney that is fluent in the No-Fault application and claims process help coordinate your claim from the beginning to avoid being personally responsible for the repayment of medical services that should have been paid by the No-Fault carrier.

Slip and Fall Accidents


 
Slip and fall accidents can be caused by a property or business owner failing to maintain a safe walking environment to pedestrians and patrons. Aside from the results of the injury sustained, your attorney will need to successfully argue and prove liability on the part of the property owner and show their negligent failure to provide a safe environment for the public, failure to address a dangerous condition they were aware of, or a dangerous condition they caused.

 

Construction Site Accidents


Construction site accidents can result in third-party claims that account for unsafe materials, equipment, rigging, or conditions. It is important to have an attorney assess construction related accidents to determine all potential at-fault parties.

If any of the above types of personal injury result in the death of a loved one, the surviving family may bring suit based on the negligence of an at-fault party.

Who Is Covered Under NY Workers’ Compensation Law?



New York Workers’ Compensation laws cover all types of employees regardless of whether they are part-time, full-time or a leased worker. It includes undocumented employees and employees who are paid off the books, as long as there is an employee-employer relationship.

Some employees listed below are covered by other regulations:


Federal Government Employees
Dock Workers
Interstate Railway Workers
Seafarers
Teachers
Police Officers
Sanitation Workers

What Factors Determine Employee-Employer Relationship?


  1. The right to hire and fire
  2. Method of payment
  3. Employers Control and Supervision of the work performed
  4. Nature of the job

 

Types Of Workers’ Compensation Claims


  1. Accidental Injuries
  2. Occupational Disease
  3. Hearing Loss

 

Steps to Take to Receive Workers Compensation Benefits


  1. If you are injured on the job you must notify your employer of your injury within 30 days, regardless of whether you believe the injuries are serious or not.
  2. If you are a Union Member you must notify your union representative.
  3. If applicable, you should complete your employer’s accident report.
  4. Seek medical attention as soon as possible and be sure to inform the medical provider that it is a work related injury
  5. You have 2 years to file a C-3 Employee Claim Form with the NY WCB, but you should do so immediately to ensure your rights are protected
  6. Ensure your employer files a C-2 form with the WCB and their Carrier

What Are Your Benefits?
What Are You Legally Entitled To Receive?

  1. Lost Time/Wage Replacement

If a worker loses more than 7 days of work because of a work related injury, they can receive wage replacement benefits. The employer’s Workers’ Compensation carrier will pay the injured worker a maximum of 2/3 of their average weekly wage if a 100% disability is established. For example, if a worker’s average weekly wage is $600, the maximum the worker can receive weekly from their employer’s Workers’ Compensation carrier is $400 per week. The actual amount an injured worker receives weekly is calculated based on their level of disability and salary.

Workers’ Benefits Rates


Date of Accident Maximum Rate
After 7/1/16*              $864.32
7/1/15 to 7/1/16         $844.29
7/1/14 to 6/30/15      $808.65
7/1/13 to 6/30/14      $803.21
7/1/12 to 6/30/13      $792.07
7/1/11 to 6/30/12       $772.96
7/1/10 to 6/30/11       $739.83
7/1/09 to 6/30/10      $600.00
7/1/08 to 6/30/09      $550.00
7/1/07 to 6/30/08      $500.00
Prior to 7/1/07             $400.00

The minimum weekly benefit is $150 for a date of accident after 5/1/2013
* The maximum compensation rate will change every July 1 to 2/3 of the State Average Weekly Wage

  1. Time Reimbursement

When an injured worker is out of work due to a work related injury and continues to receive a salary, the worker may have their vacation and sick time reinstated/restored at the disability rate.

  1. Lifetime Medical Treatment

If an injured worker’s injuries are protected under the law (an attorney can advise if your injuries qualify as protected), it is possible to receive lifetime medical benefits for the injuries. Medical providers treating work related injuries are subject to following treatment guidelines published by the Workers’ Compensation Board (MTG – Medical Treatment Guidelines).

The MTG only apply to certain body parts and conditions, i.e., back, neck, shoulders, knees and carpal tunnel syndrome diagnosis. If these guidelines are followed, most treatments are automatically pre-authorized. The MTG also provide for the frequency and duration of some treatment and re-evaluation. The medical provider will be responsible to request any change in these prescribed treatment protocols, not the worker.

  1. Accidental Expense

A claim for transportation or prescription reimbursement may be made for any expenses resulting from the work related injury.

  1. Reduced Earnings

If a worker returns to work while diagnosed with a partial disability and/ or is designated for light duty and their earnings are reduced, they may be eligible for a reduced earnings award. A reduced earnings award is 2/3 of the difference between the average weekly wage and reduced return to work wage. For example; if prior to the date of injury a worker earned $600 per week, and post-injury returned to a reduced salary of $400 based on light duty, a reduced earnings claim would require the employer’s Workers’ Compensation carrier to pay 2/3 of the reduction in salary would which be $133.33 a week.

  1. Death Benefits

If a worker dies from a compensable work related injury, the surviving spouse and/or minor children can receive weekly cash benefits. The compensation amount equals 2/3 of the deceased worker’s average weekly wage for the year before the accident. The weekly compensation may not exceed the weekly maximum, despite the number of dependents. If there are no surviving members of the family, then the workers’ estate may seek payment of $50,000. Also, in New York, funeral expenses may be paid up to $6,000 under the death benefit rules and regulations.

  1. Injuries to Extremities – Schedule Loss of Use

A schedule loss of use award can be granted to an injured worker who has sustained a permanent injury to an extremity. An extremity is any part of the body except for the head, neck, and back. Extremities include arms, legs, hands, feet, eyes, ears, toes and fingers. Once the medical provider has determined the worker has reached maximum medical improvement (MMI) from all treatment, they will provide an opinion as to the percentage loss of use of the extremity. Schedule Loss of use is considered 6 months after the date of accident or 1 year after the date of surgery.

Table for Weeks Awarded on Schedule Loss of Use of Body Part

Body Part 100% 50% 25% 10% 5%
Arm
Hand
Thumb
1st Finger
2nd Finger
3rd Finger
4th Finger
Leg
Foot
Great Toe
Other Toes
Eye
312
244
75
46
30
25
15
288
205
38
16
160
156
122
37.5
23
15
12.5
7.5
144
102.5
19
8
80
78
61
18.75
11.5
7.5
6.25
3.75
72
51.25
9.5
4
40
31.2
24.4
7.5
4.6
3
2.5
1.5
28.8
20.5
3.8
1.6
16
5
12.2
3.75
2.3
1.5
1.25
0.75
14.4
10.25
1.9
0.8
8

Disability Classifications


An injured worker’s health care provider will determine the extent of the disability. Cash benefits are directly related to the following disability classifications:

Temporary Total Disability


The injured worker’s wage-earning capacity is lost, but only on a temporary basis.

Temporary Partial Disability


The wage-earning capacity is lost only partially, and on a temporary basis.

Permanent Total Disability


The employee’s wage-earning capacity is permanently and totally lost. There is no limit on the number of weeks payable.

Permanent Partial Disability


Part of the employee’s wage-earning capacity has been permanently lost. There are two types of permanent partial disability benefits, depending on the body part affected and the nature of the permanent disability: schedule loss of use (SLU) and non-schedule. The severity of the disability is measured when the employee has reached maximum medical improvement (MMI).

Have You Been Injured On The Job?

Thousands of New York employees injure themselves at work every year. Many of those work accidents result in serious injuries and death. If you suffered a work related injury you are entitled to seek compensation for your injuries. Depending upon the circumstances of the injury you may be eligible to receive compensation through your employer’s Workers’ Compensation insurance, Federal Social Security Disability benefits, a personal injury lawsuit, or a combination thereof. Your employer is responsible for taking all reasonable measures to secure your safety on the job. Not all injuries are physical. If you suffered emotionally or financially, you may also be entitled to financial compensation. In fatal cases, families may also be entitled to compensation. Some injuries can lead to permanent disabilities, however not all are permanent. You may be entitled to payment for a partial impairment. Partial impairment results in an incapacity that prevents an employee from doing their job. Medical evidence will determine the extent of your temporary as well as permanent disability. The recovery from a claim depends, in large part, on the extent of your injury and the cause.

If you were injured in a work related incident or in any personal injury related incident, consult with an Aronova & Associates, LLC workplace and personal injury attorney who can advise you on your rights and help you obtain the maximum compensation available under the law. The following materials are meant to provide an initial overview that describes the typical work related claim or personal injury claim that Aronova & Associates, LLC files on behalf of New York workers and accident victims.

Overview Of Personal Injury

A personal injury claim results from an injury or harm sustained as the result of another person or entity’s intentional or negligent act. The harm suffered can be physical or psychological. The results of a personal injury can include far more than the immediate effects of the incident. Often, an injured person will deal with lasting physical or mental effects as well as financial effects of lost time at work and medical bills. Personal injury actions are limited to being filed in Court within narrow statutory time frame. Moreover, if your injury was the result of an auto accident, your Attorney can help coordinate your No-Fault benefits. It is important that your personal injury action is handled professionally by competent attorneys and support staff. Coordinating your No-Fault benefits properly at the onset of your representation can make a significant difference in your net recovery.

New York Workers’ Compensation Overview

Work Related Injuries Happen Every Day

The New York State Workers’ Compensation system provides injured workers with medical benefits, wage loss claims and other financial benefits. It is important that every injured worker know how to report and file a claim in order to receive the benefits that are available to them.

Nearly every employee in New York has Workers’ Compensation benefits. Workers’ Compensation is an insurance plan that compensates injured workers, regardless of fault. If a worker is injured, harmed, disabled or sickened on the job, or in relation to work, he or she must file a claim with the New York State Workers’ Compensation Board (WCB). In an ideal world, in a case of work related injury or sickness, an employer (or his insurer) would voluntarily pay for appropriate wage replacement, medical expense coverage and, if necessary, rehabilitation costs. However, unscrupulous insurers and employers may try and cut costs by claiming that your workplace injuries happened outside the scope of employment, by undermining the severity of your injuries, or by defending on numerous other bases in an attempt to deny your claim.

These attempts to deny you of the benefits you are entitled to is why you need the support and legal representation of skilled attorneys who are experienced in all Workers’ Compensation litigation issues, specializing in cases involving union members and city employees. For many years, hard-working New Yorkers relied on Aronova & Associates, LLC to protect their legal rights and maximize the value of their claims.

What You Should Know About Social Security Disability


If you have a disease, illness, or injury that has lasted (or is expected to last) for at least twelve months and you are unable to work in any capacity or is expected to result in death, you may be eligible to receive Social Security disability benefits. Conditions that affect your body and limit your daily physical activity can be considered physical disabilities. These disabilities include conditions that affect the functioning of limbs, motor ability, or mobility; or they may be visual impairments, hearing impairments, or respiratory disorders.

The following are some common physical injury conditions that may qualify you for Social Security Disability:

Neck, back, hip, knee, ankle, arm, hand, elbow and shoulder injuries.
Serious heart and lung condition, diabetes, strokes, and neurological disorders.
Cancer
Repetitive motion injuries
Emotional disorders such as depression, anxiety, and Post Traumatic
Stress Disorder.
Brain injuries

Social Security benefits can also be claimed by those suffering from psychological or emotional disabilities. These disabilities may prevent people from performing simple or complicated tasks, interacting with others, or maintaining focus. By demonstrating that these functions have been impaired, an attorney may be able to prove an injured person’s entitlement to disability benefits.

Aronova & Associates LLC can help guide your disability claim in a personable, comprehensive, professional and experienced direction. Contact us today regarding your social security (SSI or SSD) disability claim.

What You Should Know About Social Security Disability

If you have a disease, illness, or injury that has lasted (or is expected to last) for at least twelve months and you are unable to work in any capacity or is expected to result in death, you may be eligible to receive Social Security disability benefits. Conditions that affect your body and limit your daily physical activity can be considered physical disabilities. These disabilities include conditions that affect the functioning of limbs, motor ability, or mobility; or they may be visual impairments, hearing impairments, or respiratory disorders.

The following are some common physical injury conditions that may qualify you for Social Security Disability:

Neck, back, hip, knee, ankle, arm, hand, elbow and shoulder injuries.
Serious heart and lung condition, diabetes, strokes, and neurological disorders.
Cancer
Repetitive motion injuries
Emotional disorders such as depression, anxiety, and Post Traumatic
Stress Disorder.
Brain injuries

Social Security benefits can also be claimed by those suffering from psychological or emotional disabilities. These disabilities may prevent people from performing simple or complicated tasks, interacting with others, or maintaining focus. By demonstrating that these functions have been impaired, an attorney may be able to prove an injured person’s entitlement to disability benefits.

Aronova & Associates LLC can help guide your disability claim in a personable, comprehensive, professional and experienced direction. Contact us today regarding your social security (SSI or SSD) disability claim.

Disability Classifications


An injured worker’s health care provider will determine the extent of the disability. Cash benefits are directly related to the following disability classifications:

Temporary Total Disability


The injured worker’s wage-earning capacity is lost, but only on a temporary basis.

Temporary Partial Disability


The wage-earning capacity is lost only partially, and on a temporary basis.

Permanent Total Disability


The employee’s wage-earning capacity is permanently and totally lost. There is no limit on the number of weeks payable.

Permanent Partial Disability


Part of the employee’s wage-earning capacity has been permanently lost. There are two types of permanent partial disability benefits, depending on the body part affected and the nature of the permanent disability: schedule loss of use (SLU) and non-schedule. The severity of the disability is measured when the employee has reached maximum medical improvement (MMI).

What Are Your Benefits?
What Are You Legally Entitled To Receive?

  1. Lost Time/Wage Replacement

If a worker loses more than 7 days of work because of a work related injury, they can receive wage replacement benefits. The employer’s Workers’ Compensation carrier will pay the injured worker a maximum of 2/3 of their average weekly wage if a 100% disability is established. For example, if a worker’s average weekly wage is $600, the maximum the worker can receive weekly from their employer’s Workers’ Compensation carrier is $400 per week. The actual amount an injured worker receives weekly is calculated based on their level of disability and salary.

Workers’ Benefits Rates


Date of Accident Maximum Rate
After 7/1/16*              $864.32
7/1/15 to 7/1/16         $844.29
7/1/14 to 6/30/15      $808.65
7/1/13 to 6/30/14      $803.21
7/1/12 to 6/30/13      $792.07
7/1/11 to 6/30/12       $772.96
7/1/10 to 6/30/11       $739.83
7/1/09 to 6/30/10      $600.00
7/1/08 to 6/30/09      $550.00
7/1/07 to 6/30/08      $500.00
Prior to 7/1/07             $400.00

The minimum weekly benefit is $150 for a date of accident after 5/1/2013
* The maximum compensation rate will change every July 1 to 2/3 of the State Average Weekly Wage

  1. Time Reimbursement

When an injured worker is out of work due to a work related injury and continues to receive a salary, the worker may have their vacation and sick time reinstated/restored at the disability rate.

  1. Lifetime Medical Treatment

If an injured worker’s injuries are protected under the law (an attorney can advise if your injuries qualify as protected), it is possible to receive lifetime medical benefits for the injuries. Medical providers treating work related injuries are subject to following treatment guidelines published by the Workers’ Compensation Board (MTG – Medical Treatment Guidelines).

The MTG only apply to certain body parts and conditions, i.e., back, neck, shoulders, knees and carpal tunnel syndrome diagnosis. If these guidelines are followed, most treatments are automatically pre-authorized. The MTG also provide for the frequency and duration of some treatment and re-evaluation. The medical provider will be responsible to request any change in these prescribed treatment protocols, not the worker.

  1. Accidental Expense

A claim for transportation or prescription reimbursement may be made for any expenses resulting from the work related injury.

  1. Reduced Earnings

If a worker returns to work while diagnosed with a partial disability and/ or is designated for light duty and their earnings are reduced, they may be eligible for a reduced earnings award. A reduced earnings award is 2/3 of the difference between the average weekly wage and reduced return to work wage. For example; if prior to the date of injury a worker earned $600 per week, and post-injury returned to a reduced salary of $400 based on light duty, a reduced earnings claim would require the employer’s Workers’ Compensation carrier to pay 2/3 of the reduction in salary would which be $133.33 a week.

  1. Death Benefits

If a worker dies from a compensable work related injury, the surviving spouse and/or minor children can receive weekly cash benefits. The compensation amount equals 2/3 of the deceased worker’s average weekly wage for the year before the accident. The weekly compensation may not exceed the weekly maximum, despite the number of dependents. If there are no surviving members of the family, then the workers’ estate may seek payment of $50,000. Also, in New York, funeral expenses may be paid up to $6,000 under the death benefit rules and regulations.

  1. Injuries to Extremities – Schedule Loss of Use

A schedule loss of use award can be granted to an injured worker who has sustained a permanent injury to an extremity. An extremity is any part of the body except for the head, neck, and back. Extremities include arms, legs, hands, feet, eyes, ears, toes and fingers. Once the medical provider has determined the worker has reached maximum medical improvement (MMI) from all treatment, they will provide an opinion as to the percentage loss of use of the extremity. Schedule Loss of use is considered 6 months after the date of accident or 1 year after the date of surgery.

Table for Weeks Awarded on Schedule Loss of Use of Body Part

Body Part 100% 50% 25% 10% 5%
Arm
Hand
Thumb
1st Finger
2nd Finger
3rd Finger
4th Finger
Leg
Foot
Great Toe
Other Toes
Eye
312
244
75
46
30
25
15
288
205
38
16
160
156
122
37.5
23
15
12.5
7.5
144
102.5
19
8
80
78
61
18.75
11.5
7.5
6.25
3.75
72
51.25
9.5
4
40
31.2
24.4
7.5
4.6
3
2.5
1.5
28.8
20.5
3.8
1.6
16
5
12.2
3.75
2.3
1.5
1.25
0.75
14.4
10.25
1.9
0.8
8

Who Is Covered Under NY Workers’ Compensation Law?



New York Workers’ Compensation laws cover all types of employees regardless of whether they are part-time, full-time or a leased worker. It includes undocumented employees and employees who are paid off the books, as long as there is an employee-employer relationship.

Some employees listed below are covered by other regulations:


Federal Government Employees
Dock Workers
Interstate Railway Workers
Seafarers
Teachers
Police Officers
Sanitation Workers

What Factors Determine Employee-Employer Relationship?


  1. The right to hire and fire
  2. Method of payment
  3. Employers Control and Supervision of the work performed
  4. Nature of the job

Types Of Workers’ Compensation Claims


  1. Accidental Injuries
  2. Occupational Disease
  3. Hearing Loss

Steps to Take to Receive Workers Compensation Benefits


  1. If you are injured on the job you must notify your employer of your injury within 30 days, regardless of whether you believe the injuries are serious or not.
  2. If you are a Union Member you must notify your union representative.
  3. If applicable, you should complete your employer’s accident report.
  4. Seek medical attention as soon as possible and be sure to inform the medical provider that it is a work related injury
  5. You have 2 years to file a C-3 Employee Claim Form with the NY WCB, but you should do so immediately to ensure your rights are protected
  6. Ensure your employer files a C-2 form with the WCB and their Carrier
What Types Of Personal Injury Claims Are There?

Personal injury claims can include:

  • Auto/Motorcycle Accidents (Includes passengers, drivers and pedestrians involved in accidents)
  • Slip and Fall Accidents (Injuries sustained while on the property of another person or business
  • Product Liability (Includes product recall
  • Wrongful Death (Death resulting from the negligence of another)
  • Construction Site Accidents
  • Product Recalls

Auto/Motorcycle Accidents


If you were injured in a motor vehicle or motorcycle accident as a driver, a passenger, or a pedestrian, you might have a personal injury claim against the at-fault driver who caused the accident. As mentioned above, it is important that a skilled attorney that is fluent in the No-Fault application and claims process help coordinate your claim from the beginning to avoid being personally responsible for the repayment of medical services that should have been paid by the No-Fault carrier.

Slip and Fall Accidents


 
Slip and fall accidents can be caused by a property or business owner failing to maintain a safe walking environment to pedestrians and patrons. Aside from the results of the injury sustained, your attorney will need to successfully argue and prove liability on the part of the property owner and show their negligent failure to provide a safe environment for the public, failure to address a dangerous condition they were aware of, or a dangerous condition they caused.

 

Construction Site Accidents


Construction site accidents can result in third-party claims that account for unsafe materials, equipment, rigging, or conditions. It is important to have an attorney assess construction related accidents to determine all potential at-fault parties.

If any of the above types of personal injury result in the death of a loved one, the surviving family may bring suit based on the negligence of an at-fault party.

Have You Been Injured On The Job?

Thousands of New York employees injure themselves at work every year. Many of those work accidents result in serious injuries and death. If you suffered a work related injury you are entitled to seek compensation for your injuries. Depending upon the circumstances of the injury you may be eligible to receive compensation through your employer’s Workers’ Compensation insurance, Federal Social Security Disability benefits, a personal injury lawsuit, or a combination thereof. Your employer is responsible for taking all reasonable measures to secure your safety on the job. Not all injuries are physical. If you suffered emotionally or financially, you may also be entitled to financial compensation. In fatal cases, families may also be entitled to compensation. Some injuries can lead to permanent disabilities, however not all are permanent. You may be entitled to payment for a partial impairment. Partial impairment results in an incapacity that prevents an employee from doing their job. Medical evidence will determine the extent of your temporary as well as permanent disability. The recovery from a claim depends, in large part, on the extent of your injury and the cause.

If you were injured in a work related incident or in any personal injury related incident, consult with an Aronova & Associates, LLC workplace and personal injury attorney who can advise you on your rights and help you obtain the maximum compensation available under the law. The following materials are meant to provide an initial overview that describes the typical work related claim or personal injury claim that Aronova & Associates, LLC files on behalf of New York workers and accident victims.

What is Negligence?


The claims described above are argued to be the result of the negligence of a person or business entity. Negligence is that person’s or business’ failure to act as a “reasonable person in a similar situation”. Negligence can be argued to be the result of a person or business failing to satisfy its duty to the public to; provide a safe environment, operate a vehicle in a safe manner, or to provide safe products for consumers.

There are different degrees of negligence that can be attributed to someone. In some instances, if both the plaintiff and defendant in a lawsuit have somehow contributed to an injury or loss, damages awarded to the plaintiff can be reduced in proportion to his or her negligence.

What Are Damages and How Are They Determined?

The financial award sought in a personal injury claim serves to quantify the damages you have sustained. The financial award granted contemplates; your out of pocket expenses, reimbursement of medical expenses, and compensatory damages incurred as a result of the at-fault party’s negligence. Punitive damages might also be awarded in order to punish the at-fault party in an effort to deter the negligence that resulted in your injury from happening again.

Workers’ Compensation and Third-Party Claims

While injured in the scope of your employment, an injured worker need not prove the fault of the employer to support a claim. In some instances, in an effort to maximize recovery opportunity, an injury that occurred during the scope of employment but as a result of a non-employment related person or entity, your Attorney may seek to file a third-party claim on your behalf. A third-party complaint is based on that third-party’s liability in the underlying event which resulted in the worker’s injury. An example would be:

  • An auto accident caused by a non-work related party;
  • An injury sustained in a work environment caused by a non-employment related entity
  • An injury sustained during the scope of employment caused by a product created or designed by a third-party.

Overview Of Personal Injury

A personal injury claim results from an injury or harm sustained as the result of another person or entity’s intentional or negligent act. The harm suffered can be physical or psychological. The results of a personal injury can include far more than the immediate effects of the incident. Often, an injured person will deal with lasting physical or mental effects as well as financial effects of lost time at work and medical bills. Personal injury actions are limited to being filed in Court within narrow statutory time frame. Moreover, if your injury was the result of an auto accident, your Attorney can help coordinate your No-Fault benefits. It is important that your personal injury action is handled professionally by competent attorneys and support staff. Coordinating your No-Fault benefits properly at the onset of your representation can make a significant difference in your net recovery.

New York Workers’ Compensation Overview

Work Related Injuries Happen Every Day

The New York State Workers’ Compensation system provides injured workers with medical benefits, wage loss claims and other financial benefits. It is important that every injured worker know how to report and file a claim in order to receive the benefits that are available to them.

Nearly every employee in New York has Workers’ Compensation benefits. Workers’ Compensation is an insurance plan that compensates injured workers, regardless of fault. If a worker is injured, harmed, disabled or sickened on the job, or in relation to work, he or she must file a claim with the New York State Workers’ Compensation Board (WCB). In an ideal world, in a case of work related injury or sickness, an employer (or his insurer) would voluntarily pay for appropriate wage replacement, medical expense coverage and, if necessary, rehabilitation costs. However, unscrupulous insurers and employers may try and cut costs by claiming that your workplace injuries happened outside the scope of employment, by undermining the severity of your injuries, or by defending on numerous other bases in an attempt to deny your claim.

These attempts to deny you of the benefits you are entitled to is why you need the support and legal representation of skilled attorneys who are experienced in all Workers’ Compensation litigation issues, specializing in cases involving union members and city employees. For many years, hard-working New Yorkers relied on Aronova & Associates, LLC to protect their legal rights and maximize the value of their claims.