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Protecting Workers’ Rights In New York

/ Construction Accidents, Personal Injury, Workers Compensation /

NEW YORK – According to an experienced Accident Attorney, New York businesses must have workers’ compensation coverage for their employees. These benefits extend to nearly every kind of employee, including those injured in a construction accident, shipyard accident, farming accident, or other type of work-related injury. If you have been hurt on-the-job in New York, you are likely entitled to benefits.

What is a “work-related injury”?

It may seem obvious that work-related injuries take place at work; however, certain facts of a case may make it difficult to validate a claim. Some examples of obstacles that may deter a workers’ compensation claim are:

  • The incident occurred during the employee’s break
  • The incident occurred during a company event
  • The incident occurred through the victim’s own misconduct
  • The incident occurred because a work duty exacerbated a preexisting health condition

Receiving workers’ compensation benefits after a construction accident may still be possible in the above situations depending on other facts of the case, which is why we always suggest calling an experienced personal injury lawyer for a FREE case evaluation.

What are my rights if I get hurt at work?

Very few businesses are exempt from complying with New York’s workers’ compensation laws, meaning that, if you work for a company of any size, part-time or full-time, or even if you volunteer, you likely have benefits waiting for you if you become injured or ill in the workplace.

  • By law, it is your right to file a claim through your employer’s workers’ compensation insurance policy when you become injured or ill at work.
  • You also have the right to see a doctor and receive medical treatment.
  • If your doctor releases you, you have the right to return to your position in the workplace.
  • If you cannot return to work because your injury or illness prevents you from doing so, whether the condition is permanent or temporary, you have the right to disability compensation.
  • You have the right to appeal any decision made by your employer, your employer’s insurance company, or the New York Workers’ Compensation Board.
  • You have the right to an attorney to represent you throughout the process of obtaining workers’ compensation benefits or that of filing a lawsuit against your employer.

How You May Lose Certain Rights

If you choose to pursue workers’ compensation benefits, you automatically void the right to sue your employer, coworker, or any other party that may be responsible for your injuries. Additionally, failing to report the injury altogether can cause you to lose the opportunity to receive workers’ compensation benefits. It’s important to report your accident to your employer as soon as possible, as there is a short window of time in which you may pursue a claim.

Our Bronx construction accident attorneys have helped many workers get the best results possible from their claims, and it all starts with on call. Discussing your rights and legal options with a qualified workers’ compensation lawyer in New York. At Cellino & Barnes, our top priority is to help you get the maximum compensation you are entitled to by law.

Call one of our Bronx construction accident lawyers at any time for a free case review.

Cellino & Barnes (800) 888-8888

Report: Safety Stinks at Some Garbage Companies

/ Workers Compensation /

Safety StinksNEW YORK – They take out the trash and in some cases, workers are risking their lives to handle your garbage. It’s a dirty and dangerous job and safety advocates are calling for immediate changes.

According to the New York Committee for Occupational Safety & Health (NYCOSH), commercial trash companies routinely break safety rules and have historically forced workers to man faulty equipment with little to no training.

The new report claims 71-percent of the sanitation workers surveyed said they’d been injured on the job.

A New York workers compensation attorney at Cellino & Barnes said some of the safety and health violations reported in the last year could be considered criminal.

“There are companies that have no regard for safety but many of them still operate in New York,” workers compensation attorney Ross Cellino said. “Many workers have been injured and some have even been killed because safety wasn’t a priority.”

According to NYCOSH, commercial waste workers face six types of workplace hazards:

  • Biological and chemical hazards, which include bacteria and noxious fumes
  • Ergonomic and physical hazards, like fatigue and loud noises
  • Safety hazards that often occur when using heavy machinery
  • And additional stressors like wage theft and the lack of access to sterile facilities

Some of the dirty and dangerous accidents were reported in the full NYCOSH report, including four deaths at one company in less than four years.

In 2005, a Queens recycling worker was struck and killed by a heavy construction loader. The same company reported three more deaths just a few years later when workers were asphyxiated by hydrogen sulfide gas.

“In almost every working environment, injuries can be prevented,” Cellino said. “There are rules and best practices that help keep employees safe on the job and when we’re investigating a case, we often find that a company did not comply with these standards.”

NYCOSH said that the commercial waste companies are often non-union and they routinely violate legal requirements with impunity.

Charlene Obernauer, NYCOSH Executive Director stated, “Too many workers are getting injured or killed in the commercial waste industry as egregious violators disregard workplace safety. New York City needs to ensure that employers are held accountable to the law and get creative about solutions to keeping these workers—who are primarily people of color—safe.”

If you or someone you know has been hurt on the job, a New York workers compensation lawyer at Cellino & Barnes can help you obtain the best result possible.

Cellino & Barnes has helped hard-working New Yorkers obtain over $1.5 billion and the firm has office locations across New York. If you’ve been injured, contact a New York workers comp attorney today for a free consultation.

Client Thanks

I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.

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