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Can I Sue My Employer After I Get Hurt on a Bronx Construction Site?

In most cases, you cannot sue your employer for an injury sustained on a Bronx construction site. With very few exceptions, employers are only responsible for workers’ compensation coverage for a work-related injury. However, you may have a third-party claim for damages caused by a construction accident. Let’s look at the differences between a workers’ comp claim and a lawsuit for a construction injury. Workers’ Compensation For a Construction Site Injury Unless your employer intentionally injured you on a construction...

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Are undocumented workers eligible for workers’ compensation?

Undocumented workers are eligible for workers’ compensation. Undocumented immigrants are protected by many of New York’s labor and employment statutes. This includes the right to file for workers’ compensation benefits if they are injured or fall ill on the job as a result of a covered incident. Know your rights about workers’ compensation as an undocumented worker Sometimes an employer may give you misleading information if you are not in the United States as a documented worker. You have the...

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Undocumented Workers Have a Right to Workers’ Compensation & Lawsuits Against Responsible Third Parties If Injured at Work

It is important to know that undocumented workers have a right to recover workers’ compensation and to file  third-party lawsuits if they are injured at work. Immigration status does not affect your ability to recover compensation for your injuries. Undocumented Workers Are Often Handling Dangerous Jobs For an undocumented worker, employment conditions can be difficult. Employers may hire undocumented workers for dangerous jobs because they have a difficult time filling the positions. Workers in a union may not be able...

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Do I Have An Accident Case or Workers’ Compensation Case?

Most first time callers are not certain whether they have an accident case or Workers’ Compensation case through their employer’s insurance company or both. Simply stated, through Workers’ Compensation if you are injured on the job, you may make a claim for medical expenses, lost wages, and in certain cases an award for a scheduled loss of use to a body part. You can receive this money even if you never missed time from work or if you’ve already returned...

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Some Examples of Frequently Asked Questions:

Q: My husband fell from a ladder at work, his boss told him to tell the hospital that he was injured at home, what should we do? A: Always tell your medical providers the truth. Medical records are admissible in court, and can be used against you, if your husband later decides to file a personal injury claim. Your husband’s boss is trying to avoid his legal responsibility of paying for all medical expenses and lost wages through his Workers’...

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The Scaffold Law

New York’s “Scaffold Law,” found at Section 240(1) of the Labor Law, provides absolute liability for property owners and general contractors for injuries sustained in accidents that involve an elevation differential – that is, injuries where a worker falls from an elevated height or is struck by a falling object. Unfortunately, injuries caused by an elevation differential are not uncommon. According to the Federal Bureau of Labor Statistics, a total of 4,383 workers were killed on the job in 2012...

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Employee or Not Employee, That is the Question

A worker must be an employee to be covered under workers compensation law. Many employers are trying to avoid paying workers compensation insurance, and other costs, by misclassifying employees as independent contractors. Many factors are used to decide whether an individual is an employee under the Workers’ Compensation Law. If the worker hired does not meet the criteria for an independent contractor, or the services rendered are not specifically exempted as employment under the workers’ compensation law (WCL), then that...

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