Legal Question in Personal Injury in New York
Injury at work
I suffered a back injury while entering the building where I work. The pain is severe and I have had to live with it for close to a month. The pain is not getting better but actually spreading through my entire back. I can not sit up nor stand for an extended period of time. It is rare if I get more than two or three hours of sleep each evening since the accident. Naturally, I did report the incident and have seen two doctors. I am now on very strong medication to reduce inflamation of the affected area and on very strong pain medication to control the pain. It has been reported to the worker's compensation board and I have yet to see any of the compensation for some of the time I missed (two weeks and a day with one week paid by employer). 99% of the people I have spoken to told me to get an attorney involved and one person here at the company said an attorney is not needed. I really don't know what to do but I feel as though I'm slipping through the cracks and this event has taken a very dramatic toll on the comfort of living. Do I need to get an attorney and what exactly would an attorney do for me? Is there any legal ground for my employer firing me should I go forward with a law suit?
4 Answers from Attorneys
Re: Injury at work
If the owner of the building and your employer are one and the same, you are limited to a workers comp. claim. If the owner is different, and retained some right of re-entry, it is possible you have a case, depending on where you fell and what caused the accident. You are more likely to have your workers comp. claim handled expeditiously if you have a workers comp. lawyer or workers comp. representative working for you. Their fees are paid by the carrier, so you have nothing to lose, everything to gain. Best, M. E. Zuller
Re: Injury at work
You need an attorney. Plain and simple.
Re: Injury at work
There are two different issues here. One involves your workers compensation claim. The other involves a possible lawsuit against any party other than your employer whose negligence may have caused your accident (like the owner of the building where this accident occured). You cannot sue your employer (your recovery is limited to workers compensation) but you can file suit against any other negligent party. I would need to know more about the circumstances surrounding this incident. Please feel free to contact me should you wish to discuss this further.
Re: Injury at work
You have two possible claims: one is through workers compensation and the other concerns a negligence claim against the owner of the building.
Please call my firm to discuss.
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