NY Labor Law 240: The Scaffold Law

construction workers on scaffoldingHistory credits Sir Isaac Newton with formulating the law of gravity after an apple fell on his head while he rested under a tree. The New York State legislature probably realized that it could not repeal Newton’s law, but it did enact the “Scaffold Law” (New York State Labor Law §240) to protect workers against the dangers of gravity while they are on the job. The workers compensation attorneys at Aronova & Associates have the right knowledge and expertise to apply this and other laws to get their clients the highest compensation available when they are injured in inherently dangerous workplace environments.

New York is unique in that none of the other 49 states have enacted a law like Labor Law 240. If you are injured at a job site within the geographical boundaries of New York State, whether from a fall from an elevated worksite such as a scaffold or from an object that falls on you from an elevated location, then with very few exceptions Labor Law 240 imposes strict liability on an employer to pay for your injuries.

For the past several years, the New York State legislature has considered amending the Scaffold Law to change the standard from strict to comparative liability, where an injured worker’s reimbursements would be limited in accordance with the worker’s own relative fault for the accident. This effort has been stalled in committees, and strict liability is still part of the Scaffold Law.

Why Strict Liability is a Critical Part of Labor Law 240

Without strict liability, an injured worker would have the much higher burden of proving that an employer’s negligence caused his or her injuries. New York Labor Law 240 does not guarantee a monetary award every time a worker falls from a ladder or scaffold or is hit by a falling object, but it does limit an owner’s or contractor’s defenses when that happens. In view of this, at least one workers compensation insurance carrier has estimated that injured workers win more than 90% of Labor Law 240 cases.

Consider how the Scaffold Law’s strict liability standard affects some of the more common elements of a workplace injury:

  • Workers should always be careful while doing their jobs, but in New York State, the compensation due to a worker for his or her injury will not be reduced or eliminated as a function of the worker’s own negligence.
  • With strict liability, an injured worker only needs to prove that an injury was caused by gravity, e. the worker fell, or something fell on him. An employer’s only defenses are that the worker’s negligence or obstinate attitude (the “recalcitrant” defense) was the sole cause of the accident and injury. These are very difficult defenses to prove and verify.
  • An employer’s attempts to reduce the risks of falls or falling objects are not relevant. Employers can and will provide safety training and equipment, but they will still be liable to compensate workers for injuries.
  • The New York State courts generally apply Labor Law 240 as broadly as is possible to favor injured employees.

How New York Labor Law 240 Supplements Workers Compensation

Workers compensation pays hospital and medical bills, provides an injured worker with disability benefits to replace lost income, and reimburses rehabilitation and retraining costs. New York Labor Law 240 provides payments that are above and beyond workers compensation benefits, including compensation for both past and future pain and suffering. Neither is a replacement for the other, but they work together to ensure that a worker who is injured in New York State receives full recompense for a job-related injury that results from a fall or a falling object.

The interplay between Labor Law 240 and workers compensation is illustrated by a jury verdict for a Queens, New York employee who was injured when he fell 20 feet off a roof where he had been installing siding. Workers compensation provided some immediate reimbursement for his medical expenses, but the Queens jury subsequently found that his employer violated the Scaffold Law, and awarded the  injured worker more than $60 million to compensate for past and future pain that accompanied his long-term disability. Workers compensation would likely not have provided that large of an award.

Attorneys Who Understand Labor Law 240 Will Best Protect Your Rights

As Sir Isaac Newton discovered, gravity is a constant at every worksite. If you are injured as a result of a gravity-induced fall or falling object while you are on the job, your best chance to recover the largest amount of compensation that is owed to you under New York State law will come when you retain an attorney who knows both workers compensation and New York Labor Law 240. Contact Aronova & Associates at your convenience to speak with one of our workers compensation and Labor Law 240 attorneys, who will guide you through the process of making a claim and recovering damages from the responsible parties.

Additional New York Labor Law 240 Resources:

  1. Labor Law 240 – Reform Efforts  http://www.albanylawreview.org/Articles/Vol78_1/78.1.167%20Greagan_FINAL%20APPROVED.pdf
  2. Labor Law 240 – Insurance Coverage https://corporatesolutions.swissre.com/insights/knowledge/newyork_law_coverage.html
  3. Labor Law 240 – Workers Compensation https://www.nolo.com/legal-encyclopedia/workers-compensation-benefits-faq.html
  4. Labor Law 240 – Jury Verdict http://www.durabilityanddesign.com/news/?fuseaction=view&id=12481

 

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.