Workers’ Compensation Immunity

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Injured employees may hear that their employer is immune from personal injury lawsuits related to their workplace accident. This is generally true — the New York workers’ compensation system was created to efficiently help workers after an accident, rather than forcing employees to file lawsuits that sometimes sit idle in busy court dockets.

After a work accident, an employer will often quickly file a workers’ compensation claim on behalf of the injured employee. That filed claim typically precludes the worker from bringing a personal injury claim in court. In some instances, an employee may be able to sue an employer, but these situations are uncommon and typically involve malicious or intentional harm by the employer.

Although employees can rarely sue their employer for on-the-job accidents, they often can bring third-party claims against other parties that bear blame for the accident.

At Eisenberg & Baum, our New York personal injury attorneys explore every way to get you the maximum amount of compensation available, including third-party lawsuits and workers’ compensation. Our lawyers are experienced at helping workers injured at the workplace in various industries, including construction and manufacturing.

Experienced New York Workers’ Comp Attorneys

If you are experiencing an unfair denial of workers’ comp benefits, our attorneys may be able to help. Employers and insurance adjusters sometimes push back when a worker needs extensive rehabilitation or medical treatment following a workplace accident. A skilled attorney can level the playing field and get your claim to be taken seriously.

Contact Us for a Free Consultation

If you or a loved one has been seriously injured or killed in a job site accident, contact us at info@eandblaw.com, complete our online form, or call (212) 353-8700 to discuss your legal options with an experienced workplace accident lawyer.

We offer free initial consultations and bill on a contingent fee basis — you won’t have to pay us unless we win your case.

Co-worker Liability

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After a co-worker’s negligence causes you injury, you are probably wondering how it impacts your ability to recover compensation. You are likely searching for answers to some important questions:

  • Can I file a workers’ compensation claim?
  • Who will pay my medical bills and rehabilitation expenses?
  • How will bills get paid while I’m unable to work?
  • Will I have to sue someone?

Our New York Accident Attorneys Can Help

While each construction accident brings its own unique set of circumstances and legal opportunities, the New York workers’ compensation system generally covers workers who suffer work-related injuries. At Eisenberg & Baum, our New York construction accident attorneys help injured workers explore all options for obtaining compensation.

New York and New Jersey workers’ comp programs generally help construction workers who sustain injuries while acting within the scope of their employment. If your injury occurs because of supervisor negligence or a poor decision by a fellow worker, you are probably a good candidate for workers’ compensation benefits.

If a co-worker or supervisor acts in a way that is grossly negligent or malicious, you may be able to bring a personal injury suit against him or her. For example, imagine a co-worker is working on the roof of a building while you work on the ground nearby. He foolishly tosses a brick in your direction, trying to startle you. Instead, the brick strikes you, causing serious injuries.

Contact Us for a Free Consultation

Each injury presents its own unique set of legal questions; it is important for you to know all your legal options so you can make an informed decision on what’s best for you and your family. Our attorneys can help you make the choice that’s right for you and your family. Contact us at info@eandblaw.com, complete our online form, or call (212) 353-8700 today to speak with one of our experienced New York construction accident lawyers.

Our personal injury attorneys bill on a contingent fee basis — you won’t have to pay us unless we win your case.

Employer Liability/Supervisor Negligence

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If your employer or supervisor caused you injury, you may be wrestling with difficult questions about how you’re going to pay your medical bills and provide for your family.

You may be aware that New York’s workers’ compensation is designed to help injured workers by paying medical bills and cash benefits. An employee’s workers’ comp coverage is a tradeoff: It financially protects the worker, but also precludes him or her from suing the employer in most — but not all — instances.

Although employers are typically shielded from liability via workers’ compensation immunity, injured construction workers often do have legal opportunities to secure money beyond worker’s comp benefits.

Here are a few instances in which construction accidents may result in a personal injury lawsuit:

  • Scaffolding falls and accidents
  • Ladder falls
  • Wrongful death accidents
  • Accidents caused by a third party

Our New York Accident Attorneys Can Help

The circumstances of each accident are different. At Eisenberg & Baum, our New York construction accident attorneys can investigate your accident and discover all the potential avenues of compensation for your injury.

A large part of a construction foreman’s job is to make sure work is done safely. Because following proper safety precautions can take time, supervisors sometimes disregard them and needlessly expose their workers to danger.

Our attorneys can help investigate the cause of your construction accident and help you explore all your options for recovering money, both in and out of the workers’ comp system.

Contact Us for a Free Consultation

Contact us today at info@eandblaw.com, complete our online form, or call (212) 353-8700 to speak with an experienced construction accident lawyer.

We offer free initial consultations and bill on a contingent fee basis — you won’t have to pay us unless we win your case.

Third-Party Claims

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While New York employees typically cannot sue their employers for injuries they sustain in work-related accidents, workers may still be able to recover money beyond what’s provided by workers’ compensation. In a third-party claim, the injured worker or surviving family brings a lawsuit against at-fault parties aside from the victim’s employer.

At Eisenberg & Baum, we seek all means of obtaining compensation for our clients. While other attorneys may simply help you file a workers’ compensation claim, we think outside the box to discover all roads to getting you full and timely compensation.

Our New York Accident Attorneys Can Help

Third-party suits are especially prevalent in serious or fatal construction accidents, as a variety of parties can be involved at any given job site. Common parties that may be held responsible in a New York construction site accident include:

  • General contractors
  • Subcontractors
  • Property owners
  • Property managers or caretakers
  • Manufacturers of unsafe construction equipment

New York law is particularly helpful in permitting workers to bring third-party claims when they suffer injuries from scaffolding accidents and ladder accidents. At Eisenberg & Baum, our New York construction accident attorneys can help you find all avenues of compensation allowed under law.

Contact Us for a Free Consultation

If you or a loved one has been seriously injured in a job site accident, contact us at info@eandblaw.com, complete our online form, or call (212) 353-8700 to discuss your legal options with an experienced New York construction accident lawyer.

We offer free initial consultations and bill on a contingent fee basis — you won’t have to pay us unless we win your case.

Industrial Accidents

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Industrial employees often face intense physical labor and serious safety hazards, but they still manage to get the job done. When an industrial accident leaves a worker seriously injured, the victim needs financial compensation to pay for medical expenses and lost wages.

Our New York Accident Attorneys Can Help

At Eisenberg & Baum, we proudly represent clients from various industries, including:

  • Construction
  • Specialty trades
  • Manufacturing
  • Health care and hospitals

Our New York personal injury attorneys are skilled at helping people suffering from workplace accidents. We help our clients explore all their legal options, including personal injury claims and workers’ compensation.

Third-Party Liability

Third-party lawsuits sometimes allow injured employees to recover damages from wrongdoers, in addition to any workers’ comp benefits they receive. Although employees are typically unable to sue their own employer for physical injuries under New York and New Jersey law, you may be able to sue other at-fault parties via a third-party claim. Contact an experienced industrial accident attorney to discuss the specifics of your accident.

Contact Us for a Free Consultation

If you or a loved one has been seriously injured or killed in an industrial accident, contact us at info@eandblaw.com, complete our online form, or call (212) 353-8700 to speak with an experienced New York workplace accident lawyer and discuss your legal options.

We offer free initial consultations and bill on a contingent fee basis — you won’t have to pay us unless we win your case.

Electrocution

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Electrical accidents are one of the greatest dangers an industrial worker faces. Even a small electrical current can cause electrocution — an electric shock that causes death — but most New York City construction workers work near sources of electrical currents strong enough to cause fibrillation and cardiac arrest.

Our New York Accident Lawyers Can Help

At Eisenberg & Baum, we have experience helping construction workers who suffer electrical injuries. We understand that the harm caused by electricity is often severe, making it crucial to obtain the maximum amount of compensation recoverable under New York law.

Electric shocks often cause significant injuries, including:

  • Severe burns, both internal and external
  • Ventricular fibrillation and cardiac arrest
  • Neurological damage causing cognitive and memory problems, including neuropathy
  • Death via electrocution

Personal injury lawsuits involving electrical accidents can be particularly challenging, as the victim often dies or experiences memory loss. At Eisenberg & Baum, our New York construction accident attorneys have the resources to conduct a detailed investigation into the cause of electrical shock at a New York construction site. We are committed to getting you answers and using the evidence to get your family the compensation it deserves.

Contact Us for a Free Consultation

If you or a loved one has been seriously injured or electrocuted in an electrical accident, contact us at info@eandblaw.com, complete our online form, or call (212) 353-8700 to discuss your legal options with an experienced construction and industrial accident lawyer.

We offer free initial consultations and bill on a contingent fee basis — you won’t have to pay us unless we win your case.

Machinery Malfunctions

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Each day in New York, machinery fails to work properly and causes employees to be seriously injured. Machinery accidents often leave workers seriously injured, sometimes with a lifelong impact. Because machine injuries often leave workers facing a difficult recovery or an unforeseeable future, it is important for victims to explore all potential legal avenues of compensation.

Our New York Accident Attorneys Can Help

At Eisenberg & Baum, our New York construction and industrial accident attorneys help people from a variety of industries recover full compensation for the harm caused by machinery malfunctions and defects.

Common machinery malfunctions involve:

  • Power presses
  • CNC machines
  • Conveyor belts and rollers
  • Electrical shorts (short circuit)
  • Computer errors
  • Assembly line malfunctions
  • Heavy equipment malfunctions, including forklifts and skid steers

When machines work improperly, they leave workers vulnerable to crush injuries, neck and spinal cord injuries, loss of digits or limbs and even wrongful death. Our attorneys help workplace injury victims secure financial compensation so they can focus on healing.

Sometimes it isn’t obvious that a machinery malfunction caused harm to the worker. Our personal injury firm has the resources to thoroughly investigate workplace accidents and discover unobvious causes of an accident.

Contact Us for a Free Consultation

Have you or someone close to you been injured by a machinery malfunction at work? Contact us at info@eandblaw.com, complete our online form, or call (212) 353-8700 today to speak with one of our experienced New York construction and industrial accident lawyers.

We offer free initial consultations and bill on a contingent fee basis — you won’t have to pay us unless we win your case.

Heavy Equipment Accidents

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Heavy equipment greatly increases the productivity of construction workers, but it also raises the danger of extreme harm. If you’ve suffered a heavy equipment accident, it’s likely that you’re battling through serious injuries. You may be wondering how you and your family will survive financially while you endure the healing process.

At Eisenberg & Baum, our New York construction accident attorneys take pride in using their legal expertise to help New York construction workers. We help you explore all your legal options and aggressively pursue full compensation for the harm you’ve suffered. We work hard on your behalf, so you can focus on taking care of your own needs that follow an accident.

Our New York Accident Lawyers Can Help

While heavy equipment often serves as a construction worker’s best friend, it can cause serious injuries or death when equipment malfunctions or operates in an unexpected manner.

Heavy equipment that poses serious danger to New York construction workers includes:

  • Bulldozers
  • Dump trucks
  • Excavators
  • Graders
  • Pavers
  • Telescopic handlers
  • Cranes
  • Cherry pickers
  • Backhoes
  • Front shovels
  • Skidders
  • Loaders: skid steers, wheel loaders and track loaders

When a serious construction accident occurs, it’s important for the injured worker to find the right attorney — just like it’s important to find the right doctor. Contact us to

Contact Us for a Free Consultation

We’re confident you will appreciate the dedicated manner in which we handle your personal injury claim. Contact us at info@eandblaw.com, complete our online form, or call (212) 353-8700 today to discuss your legal options with an experienced New York construction and industrial accident lawyer.

We offer free initial consultations and bill on a contingent fee basis — you won’t have to pay us unless we win your case.

Unsafe Construction Equipment

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Construction workers deal with a lot of dangers every day, but one of the more prevalent safety threats comes from construction equipment. While the nature of construction work often calls for large and powerful equipment, some job site tools present an unnecessary threat to workers’ lives and limbs.

Construction equipment that commonly causes serious workplace injuries includes:

  • Drills
  • Tampers
  • Jackhammers
  • Industrial saws: table saws, rotary saws, concrete saws, abrasive saws, jigsaws, scroll saws and band saws
  • Large job site vehicles: cranes, dump trucks, bulldozers, road graders, front loaders, backhoe loaders and excavators
  • Smaller job site vehicles: skid steers, forklifts and compact excavators

At Eisenberg & Baum, our New York construction accident attorneys are skilled at uncovering the cause of a construction worker’s injuries and helping him or her explore all potential avenues of compensation.

Causes of Construction Equipment Injuries

Construction equipment needs to be powerful enough to get the job done, but flaws or defects can present an unreasonable danger to workers. Because of the serious harm that construction equipment presents, equipment manufacturers have a duty to make their products reasonably safe. When manufacturers fail to meet their duty, workers can suffer serious injuries or death.

Some of the causes of construction equipment injuries include:

  • Manufacturing defects: The piece of equipment contains a dangerous defect from a mistake in the manufacturing process.
  • Design defects: The manufacturer failed to adequately consider user safety when designing the product, making it unnecessarily dangerous.
  • Warning defects: When a safety feature cannot be feasibly implemented into equipment, manufacturers need to boldly warn users of a safety hazard.
  • Inadequate maintenance: Employers have a duty to regularly inspect and maintain construction equipment. Businesses that rent or lease equipment often have duties to maintain their equipment, too.
  • Worn or broken equipment: When equipment breaks or becomes worn, employers have a duty to sufficiently repair or replace the hazardous equipment.
  • Improper use: There is a right tool for every job. Sometimes employers expect their workers to use the wrong tool to save time or money; this often results in avoidable injury.

Sometimes, it is difficult to immediately know the cause of a construction accident. A detailed investigation by a government agency or personal injury attorney often uncovers dangers that were unknown by construction workers.

Our New York Accident Lawyers Can Help

At Eisenberg & Baum, our attorneys have decades of experience helping injured construction workers. We are skilled with all phases of a construction injury claim, including:

  • Assessing and documenting the worker’s injuries and symptoms
  • Investigating the accident to uncover all potential causes and at-fault parties
  • Exploring all potential sources of compensation, including workers’ compensation claims and third-party liability lawsuits
  • Litigation strategy
  • Courtroom advocacy
  • Negotiating for full compensation

Contact Us for a Free Consultation

If you or a loved one has been seriously injured or killed by unsafe construction equipment, contact us at info@eandblaw.com, complete our online form, or call (212) 353-8700 to speak with an experienced New York construction accident lawyer.

We offer free initial consultations and bill on a contingent fee basis — you won’t have to pay us unless we win your case.

Faulty/Defective Tools

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If you work around tools, you know the risks as well as the safety precautions that are necessary to protect workers. When those precautions are not taken or tools are defective, people who operate the tools can suffer severe injuries and even wrongful death. If you have been injured using a power tool, an experienced New York defective tool injury lawyer can help you explore your options.

At Eisenberg & Baum, our New York construction accident attorneys represent people who have been injured in faulty and defective tool accidents and other personal injury accidents. Our attorneys are aggressive legal advocates dedicated to helping people like you recover the compensation you need and deserve.

Our New York Accident Lawyers Can Help

We handle a wide range of defective tool and faulty equipment accident cases, including those involving:

  • Saws
  • Drills
  • Joiners
  • Sanders
  • Nail guns
  • Lathes
  • Chainsaws
  • Conveyor belts

Our lawyers have the investigative tools to identify causation and liability in power tool accidents. We can help you explore your options for workers’ compensation benefits to obtain money for medical bills and a portion of your lost wages.

If your tool accident was the result of a negligent third party (not your employer), we can also help you pursue a personal injury case for additional compensation.

Contact Us for a Free Consultation

Have you or someone close to you been injured by a faulty or defective tool? Contact us at info@eandblaw.com, complete our online form, or call (212) 353-8700 today to speak with an experienced New York construction accident attorney.

We offer free initial consultations and bill on a contingent fee basis — you won’t have to pay us unless we win your case.