9 Common Work-Related Injuries and What You Can Do

From sprains and strains to burn injuries and amputations, workers in New York suffer a wide range of injuries. Fortunately, injured workers have recourse to get workers’ compensation benefits and file a personal injury lawsuit to get just compensation.  

The workplace injury lawyers at Oresky & Associates, PLLC represent workers hurt on the job. If you were hurt at work, call us for a free consultation. We put our more than 30 years of experience to work to get you the money you need.

Hazards on the Job: Main Sources of Injuries

Anyone can suffer an accident or injury at work, but according to the National Safety Council (NSC), the three most common work-related injuries are:

• Exposure to dangerous materials or environments: This can cover many scenarios and hazards. Electricity, radiation, extreme temperatures, and contagious diseases are just some examples of dangerous environments and exposures.
• Overexertion and bodily reaction: These are excessive physical and non-impact injuries from physically demanding and repetitive work activities.
• Slips, trips, and falls: These workplace injuries involve tripping, slipping, fall accidents, and scaffold accidents.

More than 70 percent of all non-fatal injuries and illnesses fall into these three categories. The nature of these top work-related injuries typically affects certain industries more than others, including construction, agriculture, warehousing, and transportation.

In addition to the above work-related injuries, other workplace accidents, injuries, and illnesses include:

• Transportation accidents involving cars, trucks, and other vehicles.
• Violence or intentional harm by a co-worker or other individual.
• Animal bites or other animal injuries.
• Contact with objects and equipment, which can include moving objects hitting employees, workers hurt by collapsing materials or objects, and vibration injuries, among others.
• Building-related accidents.
• Roofing accidents and other construction site accidents.

9 Common Types of Workplace Injuries

The types of injuries an employee can suffer will depend on the circumstances of their accident, but our firm often sees workplace injuries like:

1. Sprains and strains
2. Bruises and contusions
3. Cuts and lacerations
4. Fractures and broken bones
5. Multiple traumatic injuries
6. Burn injuries
7. Amputations and severed limbs
8. Carpal tunnel syndrome and other repetitive stress injuries
9. Tendonitis

Many work-related injuries have long-term effects. You may need medical treatment and help for months, if not years, to come. Some work injuries can be so severe that you may never be able to work again, whether in your previous role or in some other capacity.

What Are My Options After a Workplace Accident?

A work-related accident can leave you struggling with significant medical bills while potentially missing weeks or more of work. That means not being able to receive the wages you count on. You may qualify to pursue both a workers’ compensation claim and personal injury lawsuit.

Workers’ Comp vs. Personal Injury Claim

Workers’ compensation claims cover workers injured on the job regardless of fault. Workers’ comp covers medical care and a portion of lost wages. Unlike workers’ compensation claims, a personal injury lawsuit allows you to recover full lost wages as well as losses that aren’t financial in nature, such as for your pain and suffering and the injury’s impact on your quality of life.

Oresky & Associates, PLLC, helps injured workers with their personal injury lawsuits, and we work closely with your affiliated workers’ compensation lawyer so you get all the benefits and compensation you deserve.

Who Do I Sue: Who Is Liable for the Accident?

Suing for damages is separate from claiming workers’ compensation. With workers’ compensation, you generally cannot sue your employer. Worker’s compensation benefits are available regardless of fault. However, some circumstances allow injured workers to sue third parties whose negligence caused their injuries. These could include parties such as:

• Equipment manufacturers, if defective equipment caused injuries
• Other parties on a worksite, like other subcontractors
• The building owner or general contractor

These cases can be quite complex. Proving statutory liability or negligence is essential to these cases, and our workplace injury attorneys are equipped to hold the liable parties accountable for your injuries.

Is Workers’ Compensation Enough to Pay for Work-Related Injuries?

While workers’ compensation offers some financial benefits for injured workers, it may be inadequate. It does not cover all your lost wages, and you cannot recover pain and suffering in a workers’ compensation claim. However, you may be entitled to file a personal injury lawsuit for additional compensation depending on the circumstances of your injury or illness.

What Damages Can I Recover After an Injury on the Job?

Oresky & Associates, PLLC, has helped injured New Yorkers and their families for over 30 years with their personal injury lawsuits. We help injured workers recover economic damages and noneconomic damages such as:

• Past and future pain and suffering caused by injuries
• Loss of earnings
• Lost union benefits
• Medical care and treatment
• Loss of services
• Disability
• Disfigurement
• Wrongful death damages

Can Your Boss Fire You for Filing a Workers’ Compensation Claim?

Your employer cannot lawfully fire you for filing a workers’ compensation claim or for acting as a witness in a workers’ compensation claim.

Additionally, you may not be legally fired for filing a report with OSHA if you believe that your employer has violated health and safety regulations. Your employer may not legally retaliate against you for exerting your legal right to a safe workplace.

What If Your Workers’ Compensation Claim Is Denied?

Workers’ compensation claims are denied for several reasons, including:

• You waited too long to report the injury or file a claim.
• Your medical records do not support the details in your injury report.
• Your initial medical report showed evidence of illegal drugs in your system.

Under state law, you may seek an appeal. Our attorneys work closely with our affiliated workers’ compensation lawyers to seek the best resolution of your case so you receive all the benefits and compensation you deserve.

We Get Results for Injured Workers

Oresky & Associates, PLLC has recovered more than $500 million in damages for clients, including those who suffered a work-related injury:

• $23 million verdict on behalf of two permanently injured construction workers who were in a scaffolding collapse.
• $18 million judgment for an undocumented construction worker injured after a scaffolding fall.
• $9.9 million settlement for a worker injured in a building accident.
• $7.5 million settlement for a worker who fell 20 feet while installing bridge walkways.

Your legal status does not matter if you are injured on the job. We have won many cases for people who are undocumented workers. Please let us help you get justice, no matter your circumstances. Se habla español.

Steps to Take After a Work-Related Injury

If you are injured at work, make sure that you:

• Get immediate medical care: The type and delivery of medical care depend on your injuries; it may be as simple as on-site first aid or as critical as an ambulance to the nearest hospital.
• Report the accident: Tell your supervisor about the accident as soon as possible.
• Keep all documents: Keep copies of your medical bills, accident reports, and other related documents.
• Follow your medical provider’s advice and treatment plan: This protects your ability to seek benefits or damages, as well as help prevent worsening injuries.
• File a claim with workers’ compensation: Most workers in New York State are protected by workers’ compensation, which can pay for medical treatment and other expenses when you are injured on the job.

You might also want to speak with a personal injury attorney who can help you understand your legal rights regarding third-party claims. Oresky & Associates, PLLC has helped thousands of injured New Yorkers recover damages after work-related injuries.

What Is OSHA and How Does It Protect Me?

The Occupational Safety and Health Administration (OSHA) is a federal agency under the United States Department of Labor. OSHA’s mission is to ensure American workers have a safe place to work.

You are probably protected by OSHA if you work for a private company and certain public sector employers. These protections include:

• Your right to receive safety equipment.
• Your right to protection from toxic substances.
• Your right to report an injury or illness.
• Your right to receive copies of your medical records and test results for workplace hazards.

You may anonymously file a safety violation report and request that an OSHA inspector visit your workplace.

Call Now for a Free Consultation

Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

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Ready to Start on Your Work Injury Case Right Away

At Oresky & Associates, PLLC, we have decades of experience helping clients who are dealing with injuries from some of the most common workplace accidents. We’re tenacious and dedicated to assisting those who need us most. Contact us for a free consultation.

No matter what injuries you may have suffered, we’re determined to provide compassionate and excellent service. Contact our personal injury lawyers at Oresky & Associates, PLLC so we can begin working on your case.