Employees who are injured on-the-job are almost always entitled to receive workers’ compensation benefits in the state of New York, but what options do you have if you are injured away from the workplace?

Injured employees in our state have several options for receiving compensation and short-term injury benefits, even if their injuries are not job-related.

The first thing to understand is that if you are seriously injured in or near New York City – at the job or away from the job – you should discuss your rights at once with a car accident attorney.

WHAT DOES IT COST TO LEARN MORE ABOUT YOUR RIGHTS?

It doesn’t cost anything to learn where you stand legally and what your options are as an injury victim. Your first consultation with an accident attorney in New York is free.

If you are victimized by negligence away from your job – if you are injured, for example, by a negligent driver, a malpracticing doctor, or even a neighbor’s biting dog – your Bronx personal injury attorney may suggest filing a personal injury lawsuit.

You may not have grounds – or sufficient evidence – to bring or to prevail with a personal injury claim, and if you do take legal action, it might be months, or in some cases even longer, before the matter is finally resolved.

In the case of an on-the-job injury, if a party other than your own employer has any liability for your accident and injury, your attorney may recommend bringing a “third-party” personal injury action.

WHAT IS NEW YORK’S DISABILITY BENEFITS LAW?

But if you’re employed in the state of New York, and you are injured away from your job, you will probably qualify for up to 26 weeks of paid short-term disability benefits under New York’s Disability Benefits Law or “DBL.”

This may be the only benefit that an injured employee in New York is eligible to receive, or it may help to bridge the financial gap while an injured worker seeks other benefits or pursues legal action.

The state’s short-term disability benefits program is overseen by the New York State Workers’ Compensation Board.

According to the Board’s website, “Disability benefits are temporary cash benefits paid to an eligible wage earner when he/she is disabled by an off the job injury or illness.”

WHO IS ELIGIBLE FOR TEMPORARY DISABILITY BENEFITS?

Almost all employers in this state – with only several very precise exceptions – are “covered” for temporary disability benefits, but who is considered an “eligible” wage earner?

1. someone employed by a covered employer, or someone recently employed by a covered employer and receiving unemployment benefits

2. someone who changed jobs from a covered employer to a second covered employer, provided that employment was continuous

3. domestic employees working 40 or more hours a week for a single employer

4. someone who does not work for a covered employer but elects voluntary coverage

HOW DO YOU APPLY FOR TEMPORARY DISABILITY BENEFITS?

You must file your temporary disability claim within 30 days of your disabling injury. You will need to submit a completed a DB-450 form. The form may be obtained from your employer.

If you’re out of work, and if you have received more than four weeks of unemployment benefits at the time you are injured, you will need to submit a DB-300 form, which is available through your local Workers’ Compensation Board.

Both forms ask for medical information about your injury and temporary disability, and one section must be completed by the doctor who is treating you. Medical evidence of your temporary disability may be requested – or required.

HOW ARE TEMPORARY DISABILITY BENEFITS PAID?

Benefit payments under New York’s Disability Benefits Law are cash payments, so medical care and payments are the injured employee’s responsibility.

The cash benefits constitute fifty percent of the injured worker’s average weekly wage, with a weekly benefit cap that is currently set at $170.

That’s not much. But it’s $170 a week more than someone injured away from the job will receive in most of the other 49 states.

Injured workers in New York may receive temporary disability benefits for up to 26 weeks during a period of 52 consecutive weeks. Recipients receive a payment every two weeks.

Pregnancy is covered under the temporary disability benefits program for up to six weeks after a normal delivery and for up to eight weeks after a Caesarian birth.

WHAT IF YOU ARE DISABLED BEYOND 26 WEEKS?

Employees in New York who are disabled and unable to work beyond 26 weeks may qualify for long-term disability benefits through the Office of Labor Relations, and some with long-term disabilities may qualify to receive disability benefits through the Social Security Administration.

WHO QUALIFIES TO RECEIVE WORKERS’ COMPENSATION BENEFITS?

New York workers who are injured or become ill as a direct result of their employment may qualify for workers’ compensation benefits.

Workers’ compensation in New York provides cash benefits to replace wages and also covers injury-related medical expenses for workers who are injured on the job or “in the course and scope” of their employment.

A workers’ compensation claim is paid if the employer or insurance carrier agrees that the injury or illness is work-related.

If a worker is not receiving worker’s comp benefits because the employer or insurance carrier is contesting the claim that the injury was job-related, the worker may be eligible for temporary disability benefits while the workers’ comp claim is pending.

Any benefits paid under the temporary disability benefits program are subtracted from the recipient’s future workers’ compensation payments if those workers’ comp payments are approved.

HOW CAN A PERSONAL INJURY LAWYER HELP?

Ask anyone who works in a New York City emergency room; serious injuries happen in all five boroughs, every hour, every day of the year.

If you’re employed in this state, injured, and temporarily disabled, you are probably eligible for either worker’s comp benefits or temporary disability benefits, and you may have additional options.

That’s important because if you’ve been catastrophically or permanently injured, you are going to need more help with your medical costs than these two state benefit programs provide.

An experienced Bronx personal injury attorney can discuss your options and offer the reliable legal advice you need after you’ve sustained a serious injury. Remember, your first consultation with an injury attorney is free.

It’s a wise move to make. If you’ve been injured, sound legal advice is your right.

Passengers sustain severe injuries every single day on New York’s streets, freeways, and boulevards. Some of those injuries are catastrophic and permanently disabling. Some are fatal.

If you are injured as a passenger in any vehicle that’s in a traffic collision in or near New York City, you have specific legal rights as a passenger and a car accident lawyer can help.

Almost everyone is a passenger sometimes, so keep reading to learn more, because if you are injured by a negligent driver in New York, it helps a great deal to know your rights.

HOW MANY NON-DRIVERS ARE INJURED IN TRAFFIC CRASHES?

More than two million passengers, pedestrians, and bicyclists – that is, non-drivers – are traffic accident victims each year in this country. It’s a disturbing statistic.

If you’ve been injured as a passenger in New York because of a driver’s negligence, you are entitled by law to complete compensation for all of your medical expenses, lost wages, pain, suffering, and related damages.

Don’t try to collect that compensation by yourself. Get a lawyer’s help.

To obtain the compensation that you are entitled to and to ensure that your rights are protected in the process, contact an experienced Bronx personal injury attorney immediately after you’ve been injured and after you’ve been examined by a healthcare professional.

HOW DOES NO-FAULT AUTO INSURANCE WORK IN NEW YORK?

Under New York’s no-fault auto insurance system, in most cases, the insurance company that covers a particular vehicle pays for the medical bills and lost wages of an injured driver or passengers in that vehicle – without regard to which driver was at fault in the accident.

In other words, in the state of New York, the no-fault coverage that applies if you are injured is based on the policy that insures the vehicle you drove, rode in as a passenger, or were hit by as a pedestrian or as a bicyclist.

You must act swiftly, however. No-fault claims must be filed within thirty days of an accident, and you’ll need to consult a personal injury lawyer well in advance of that thirty-day deadline.

Here is where the law can get confusing for traffic accident victims. In New York, a no-fault claim is separate and distinct from a bodily injury claim.

WHAT IF YOU NEED ADDITIONAL COMPENSATION FOR A SERIOUS INJURY?

Injured passengers in this state who file a no-fault claim also in many cases have the right to file a bodily injury or “BI” claim.

These are completely separate claims – even though the claims are against the same insurance company – with completely separate procedures, rules, and standards of proof.

The no-fault insurance system in New York was adopted to ensure that injured passengers, drivers, bicyclists, and pedestrians are covered for up to $50,000 for their medical bills and lost wages – but not for their pain and suffering.

Additional damages, however, may be pursued in New York through a bodily injury lawsuit.

If you have sustained any catastrophic, disabling, or permanent injury as a passenger in a traffic collision in this state, $50,000 will not go far.

You will require more compensation for that kind of an injury. A lot more.

HOW CAN AN INJURY ATTORNEY HELP?

You will need to file a lawsuit, and you’ll need to be represented by an aggressive, experienced Bronx personal injury attorney who will fight on your behalf for every dollar of compensation that is available.

Without sound legal guidance, passengers who become accident victims might settle an injury claim for a much lower amount than the injury claim is genuinely worth.

A victim who accepts a quick settlement may also be waiving his or her right to additional legal action or additional compensation.

If you’ve been injured as a passenger, do not sign anything, don’t admit to anything, and don’t agree to anything. Refer an insurance company – or anyone else with questions – to your personal injury lawyer.

WHEN AN ACCIDENT HAPPENS, WHAT SHOULD YOU DO?

Since passengers who are injured by negligence may receive compensation through either a no-fault claim or through an injury lawsuit, if you are injured as a passenger, you must protect your rights from the moment an accident happens – and no attorney will be there to guide you.

At the scene of an accident, if you can, take notes and take photos. Just like a driver in an accident, you should try to obtain the names, contact details, and insurance information of anyone involved in the accident, and the names and contact details of any witnesses.

It is also imperative to receive medical attention at the scene of the accident or immediately afterward – even if you’re feeling great.

WHY IS A MEDICAL EXAM SO IMPORTANT AFTER AN ACCIDENT?

If you sustained a latent or hard-to-detect injury that emerges later as a serious medical situation, and you were not examined immediately by a healthcare professional, it may be hard to prove how you were injured – and impossible to collect compensation when you need it.

You should also keep and make several copies of the police accident report, your medical test results and medical bills, and any other documents related to the accident and your personal injury or injuries.

CAN PASSENGERS DO ANYTHING ABOUT THEIR SAFETY?

There’s little that a passenger can do about vehicle and traffic safety, but here are several small ways that you can enhance your safety when you are a passenger:

1. Buckle up – every time.
2. Never climb into a vehicle with a drunk or impaired driver.
3. Offer your help with the heat and air, the GPS, and the audio system.
4. Don’t distract the driver.
5. If you spot a hazard but the driver does not, say something.

The use of seat belts – and booster seats for small children – is required by law in this state. Do not even think about riding anywhere without buckling up.

Nationally, seat belts save almost 15,000 lives a year, according to the Insurance Information Institute. And the National Highway Traffic Safety Administration tells us that safety belts reduce front-seat passenger fatalities by forty-five percent.

HOW CAN YOU LEARN MORE ABOUT YOUR RIGHTS – AT NO COST?

If you are injured in a traffic crash in New York because you were a passenger in one of the vehicles, you should know that most personal injury attorneys will review your case and provide a first legal consultation – for no cost and with no obligation.

It won’t cost you a thing to learn more about your rights. If you’ve been injured by negligence in New York, exercise those rights, and get the help you need – immediately.

If a defective vehicle or vehicle part is the reason why a traffic accident happens – and you’re injured – what is your recourse? Can a car accident law firm in the Bronx help?

In most traffic collisions, one or both drivers will be at fault. Negligent driving is the reason for most accidents, and negligent at-fault drivers are liable for any injuries they cause to others.

But sometimes, accidents can happen when both drivers are doing everything right. If neither driver is at-fault, the cause of an accident is usually a defective vehicle or vehicle part.

HOW CAN A PERSONAL INJURY ATTORNEY HELP?

If you’ve been injured in a traffic accident in New York, and you know or believe that a vehicle or part defect was the reason for the crash, you may be able to file a personal injury claim.

Discuss the case as soon as you can with an experienced Bronx personal injury lawyer.

You’ll learn where you stand legally. If you qualify and choose to take legal action, your Bronx personal injury attorney will act on your behalf.

HOW EXTENSIVE IS THE PROBLEM OF DEFECTIVE VEHICLES AND PARTS?

As you may know, the number of motor vehicles recalled for defective parts has skyrocketed in recent years.

In the last decade, over twelve million vehicles manufactured by eleven different automakers – all with defective airbags made by Japan’s Takata Corporation – have been recalled worldwide.

In the U.S., General Motors recalled over 26 million vehicles with defective ignition switches.

In New York, injured traffic accident victims may recover damages if an accident and injuries were caused by a defect in one of the vehicles involved in the crash or by a vehicle part.

WHAT IS STRICT LIABILITY?

Those who manufacture, distribute, and sell vehicles and vehicle parts have a legal duty to ensure that their products are reliable and will not injure a consumer who uses them as intended.

Product liability cases that involve defective vehicles and vehicle parts are governed by the legal doctrine known as “strict liability.”

What strict liability means is that a vehicle or part manufacturer, distributor, or retailer may be automatically liable if someone is injured because a vehicle or a vehicle part is defective.

In other words, no particular instance of carelessness or negligence has to be proven in a product liability case. That’s good news for injury victims.

WHAT MUST PLAINTIFFS PROVE IN PRODUCT LIABILITY CASES?

An injured accident victim – the “plaintiff” – can pursue a strict liability claim based on a defective vehicle or part if he or she can prove all three of these facts regarding the claim:

1. The vehicle or one of its parts had an “unreasonably dangerous” defect.

2. The defect caused an injury while the vehicle was being used as intended.

3. The vehicle had not “substantially” changed from its original condition in any way that affected its performance.

HOW DO DEFENDANTS FIGHT PRODUCT LIABILITY CLAIMS?

If you file a personal injury claim, you can expect the vehicle or part manufacturer, distributor, or retailer that you’re suing – the “defendant” in your case – to dispute your claim.

A defendant may suggest that you owned the vehicle for so long that it had substantially changed from its original condition and no longer performed reliably.

Or a defendant may charge that you were aware of the defect, but instead of seeking repairs, you continued to drive the vehicllljjjuk–le anyway.

You’ll need to be represented by an attorney with considerable experience – an advocate who knows what it takes to win against the automakers and parts manufacturers.

WHAT TYPES OF VEHICLE DEFECTS LEAD TO LIABILITY CLAIMS?

Three different types of vehicle and vehicle parts defects could lead to injuries and a subsequent product liability claim:

1. Design defects: If a product has been defectively designed, it’s unsafe from the beginning, and the defect is part of every unit that’s manufactured and sold.

2. Manufacturing defects: A manufacturing defect is the result of a flaw or mistake in the manufacturing process.

3. Marketing defects: A marketing defect is typically an advertising or marketing mistake: inadequate safety warnings, insufficient instructions, or other incorrect information.

WHEN A TRAFFIC COLLISION HAPPENS, WHAT SHOULD YOU DO?

Product liability claims arising from traffic accidents can be quite complicated, and when a collision happens, a lawyer will not be there to help you. Here’s what you’ll need to do.

At the scene of any traffic accident, if anyone is injured, summon medical help first. Then call the police. You’ll need a copy of their accident report as soon as it becomes available.

Until you can speak with an attorney, you will need to compile evidence yourself. Take (or ask someone else to take) plenty of photographs of the vehicles and the accident scene.

If there are witnesses, try to get their names and a way to contact them. Later, you may or may not need eyewitness statements or testimony.

Even if you don’t think you’ve been hurt in a collision, have a medical exam within 24 hours. A latent or hard-to-detect injury can emerge – days or even weeks later – as a serious condition.

IF YOU’VE BEEN INJURED, WHAT SHOULD YOU DO?

If you’ve been injured, after you’ve been examined by a healthcare professional, take the case directly to an experienced Bronx personal injury lawyer.

An injury lawyer can investigate the crash, determine who has liability, and take the appropriate legal action on your behalf.

If it’s your own vehicle – or part – that was defective, you will also need to compile all of the vehicle’s sales and repair receipts, a copy of the warranty, and any other pertinent documents.

You’ll have a lot to prove, but if you have the evidence – and a good attorney on your side – your claim should prevail.

WHAT ARE VICTIMS OF NEGLIGENCE ENTITLED TO?

In New York, the victims of negligence are entitled to full compensation for all medical expenses arising from the accident, lost wages and earning capacity, pain, suffering, and sometimes more.

In many states, defendants may be awarded punitive damages that are intended to punish manufacturers and encourage them to fix vehicle and parts defects that have resulted in injury.

Punitive damages are rare in New York cases, but every case is different. The right injury lawyer will fight for every cent of compensation that a victim needs and deserves.

If a traffic accident happens, but neither driver did anything wrong or careless, a more in-depth investigation will be needed.

And if you’ve been injured, you should be compensated. With your health and your future at stake, you must – as quickly as you can – obtain the experienced legal help you need.

Could there be a building defect in your home or your workplace? Could you be at risk?

How dangerous are construction defects, who is legally responsible for construction defects, and what are your rights if you are affected by a defect in your home or workplace?

Liability for a construction defect is almost always assigned to the architects and engineers or to the contractor and subcontractors.

That’s because construction defects occur in two ways: in the design phase or in the building process.

An engineer or architect is typically liable for a design defect, while a contractor or subcontractor may be held liable for a defect arising from the failure to follow design specifications during the building’s actual construction.

A number of quite serious problems with buildings are tied to construction defects.

Construction defects are almost always quite costly to repair, but if anyone is injured due to another party’s negligence regarding a construction defect, the injured victim may be able to file a personal injury claim and receive compensation for medical expenses, lost wages, pain, suffering, and sometimes more.

WHO IS AT RISK WHEN CONSTRUCTION IS DEFECTIVE?

Construction defects may pose a danger to construction workers during the building phase, to the occupants upon a building’s completion, and to nearby pedestrians and bystanders at any time.

If you sustain any type of personal injury or injuries in New York due to a construction defect, the law is on your side.

If you are injured in New York City or anywhere in the state of New York as the result of a construction defect, it is imperative to schedule a consultation – as soon as possible – with a Bronx personal injury attorney.

Of course, after an injury, seek medical attention at once – and then reach out for the legal help you need.

Your personal injury attorney will review the details of your case, determine where liability should be assigned, and provide the candid legal advice and guidance you’ll require.

If it’s necessary, your attorney will file a claim, negotiate a settlement, or even go to court in pursuit of justice – and compensation – on your behalf.

WHAT ARE THE KEY ISSUES IN A NEGLIGENT CONSTRUCTION CASE?

What would you have to prove if you filed a personal injury claim related to a construction defect?

What are the central legal issues in personal injury trials linked to construction defects?

How is liability determined in these cases?

Contracts are usually the key to any case involving construction and liability.

Before buildings can be constructed, property owners sign contracts with architects and contractors, architects sign contracts with engineers, and contractors sign contracts with subcontractors.

The titles “contractor” and “subcontractor” are just one indication of how important contracts are in the construction industry.

Each of these contracts will spell out the areas of responsibility of each party to the contract.

Everyone involved with a construction contract should closely examine that contract’s liability provisions.

What typically happens in the average construction project is that contracts are negotiated and drafted so that the liability for a construction defect “rolls downhill.”

HOW ARE MOST CONSTRUCTION CONTRACTS DRAWN UP?

Generally speaking, owners draft construction contracts so that general contractors are legally accountable for construction defects, and general contractors draft construction contracts so that subcontractors must take responsibility for construction defects.

In any personal injury case generated by a construction defect, a victim’s personal injury attorney will scrutinize the building project’s construction contracts to identify the liable party or parties.

Of course, in most personal injury cases arising from construction defects, when an injury victim prevails, it’s an insurance company that inevitably ends up paying for the victim’s medical care, lost wages, and other damages.

That’s because subcontractors – the party at the bottom of the hill in the construction industry – usually have insurance coverage that protects them from liability for construction defects.

Even though the liability for construction defects tends to fall predominantly on subcontractors, everyone in the construction industry – from the architect to the day laborer – is obligated to ensure that construction work is performed competently, skillfully, and without any type of negligence.

In specific cases, a general contractor, an engineer or architect, or even a building or property owner could be held liable for a personal injury related to a construction defect.

Again, it depends on the details of the provisions in a construction project’s contracts and insurance policies.

And if contractors and subcontractors strictly adhered to a construction project’s design specifications, the engineer who approved those specifications may have liability.

WHAT MUST A VICTIM PROVE IN A NEGLIGENT CONSTRUCTION CASE?

When someone is injured in the state of New York because of a building or design flaw, the liable party – called the “defendant” in a lawsuit – may be sued for negligent construction.

To prevail with a negligent construction lawsuit, the injury victim, called the “plaintiff,” must prove that:

– the defendant owed a duty of care to the plaintiff

– the defendant failed to act with the care owed to the plaintiff

– the plaintiff sustained injury as a direct result of that failure

If you are injured because of a construction defect, you should understand that defendants in negligent construction cases are only liable for injuries that might have reasonably been foreseen.

Every case, of course, is different, and that’s why an injury victim who seeks compensation will need a qualified attorney’s insights and guidance.

HOW CAN A NEW YORK PERSONAL INJURY ATTORNEY HELP?

A plaintiff in a negligent construction case may have to explain a construction defect with some precision and may also have to show what type or quality of work should have been done.

That usually requires expert witnesses with strong construction backgrounds.

A skilled Bronx personal injury attorney will conduct an investigation, examine the evidence, line up expert witnesses, and use whatever legal tools are necessary and appropriate on a client’s behalf.

Even with dozens of local, state, and federal construction regulations, along with the construction industry’s own professional standards, the truth is that construction accidents and construction-related accidents still happen far too frequently, and far too many people are still injured because someone who participated in a building project was negligent.

If you’ve been injured in the state of New York because someone else was negligent, get the legal help you need. It’s your right.