Workers suffer injuries far too often while at the workplace. Statistics from the U.S. Bureau of Labor Statistics (BLS) show that approximately 215,000 workers were injured on the job in New York in 2012 alone, with more than half being serious enough to require days missed from work, transfers, or restrictions. Another 4,628 American workers lost their lives throughout the country because of accidents at work in the same year.
Of course, workers may be injured and killed in a variety of ways, such as in accidents from falling objects and other debris. The BLS further claims that 245 workers across all industries were killed by falling objects in 2013.
Sadly, workers everywhere must consider the possibility of being injured while on the job. If you or a loved one suffered injuries because of falling debris, attorneys in New York from Gacovino, Lake & Associates can help you recover compensation to which you’re entitled via workers’ comp or other legal action.
The Causes of Falling Objects at the Workplace
Being struck by an object can result in catastrophic injuries or death, and may be the result of negligence on behalf of one or more parties. Another worker may leave an object unsecured on a separate level, which could come crashing to the ground. As may be the case on a construction site, scaffolding or other similar equipment may be unstable, and could fall over onto a worker.
Falling objects or debris may also be a result of any of the following.
- Lack of safety netting on construction sites.
- Damaged ceilings and walls in a building.
- Defective machinery from which parts fly off.
No matter the cause of the accident, an injured worker may be able to file a workers’ compensation claim in order to recover benefits.
The Workers’ Compensation System in New York
Similar to other states, New York provides a workers’ compensation system whereby workers can recover payment for injuries sustained on the workplace.
Workers’ compensation is a no-fault system, meaning that employees may recover payment regardless of who was liable for the accident (certain exceptions do apply; for example, a worker may be barred if he or she was intoxicated at the time of the injury, or if he or she caused the injury intentionally).
In order to recover workers’ compensation benefits, the injured worker must notify his or her employer within 30 days of the accident. The injured worker must then file a Form C-3 claim with the New York Workers’ Compensation Board within two years of the accident (missing this deadline may bar recovery). Subsequent hearings and an Independent Medical Examination may be necessary to determine the extent and cause of the injuries.
Our falling objects lawyers in New York can help you pursue a workers’ comp claim, and can also help you pursue any third-party claims if another party besides an employer or coworker caused your accident.
But what if I am denied benefits?
Unfortunately, in some circumstances a worker may be unjustly denied adequate workers’ compensation or may struggle to recover damages from a third-party claim for these or other reasons.
- An insurance carrier contesting a claim
- An employer denying the accident
- Filing an incomplete claim
Any of these events may prevent the injured worker from acquiring benefits or damages. Don’t put yourself in this position if you have been injured by falling debris.
Attorneys in New York at Gacovino, Lake & Associates, P.C. can help with workers’ compensation and third-party liability claims. We can help you file a claim if you have been injured, or help you appeal a decision to deny benefits. Reach out to us as soon as you can by calling 800-550-0000.
