Times of Need
Workplace Injuries
On average, across the country, a worker is injured every seven seconds. Should you ever suffer a serious injury at work or be diagnosed with an occupational illness, you may have more than one option. You may be able to apply for workers’ compensation benefits, but you may also be able to file a third-party claim.
If you’ve been injured on the job in Westchester County, Bronx County, Brooklyn County, Rockland County, Putnam County, Orange County, Dutchess County, Ulster County, Sullivan County, Queens County, or surrounding areas, you may be entitled to compensation beyond what’s offered through workers’ compensation. At The Law Office of Mark A. Siesel, we understand the uncertainty that follows a workplace injury, and we’re here to help. If you have been injured, do not hesitate to reach out for a free consultation.
Your Rights After a Workplace Injury
In New York, most injured workers file a workers’ compensation claim through their employer’s insurance. Workers’ compensation is a type of insurance that most workers have from their employers. Office workers, laborers, staff, manufacturing workers, and other workers may need to have this coverage by law, and employers must pay for it, with a few exceptions. In the case of a workplace injury or job-related illness, workers’ compensation benefits are meant to pay for all your medical expenses and part of your lost wages, regardless of who was at fault. This system is meant to ensure you have some basic coverage without needing to go through the process of a legal claim.
However, in many cases—especially on construction sites or when a third party (like a subcontractor, property owner, or equipment manufacturer) is involved—you may be entitled to bring a separate personal injury lawsuit.
This can allow you to recover significantly more, including damages for:
- Pain and suffering.
- Past and future medical expenses.
- Past and future earnings and loss of earnings capacity.
- Incidental expenses like property damage, transportation, and car rentals related to your recovery.
If you have suffered a serious work injury or have been diagnosed with an occupational illness such as cancer, it’s important to think about your total costs and to seek full compensation as early as you can. Workers’ compensation will not cover all your costs and may leave you without the resources you need, and speaking with a workplace accident attorney after your accident, and before you sign anything or make any statements, helps you preserve your right to additional compensation.
Common Workplace Injuries We Handle
At The Law Office of Mark A. Siesel, we have extensive experience handling claims involving:
- Brain injuries. These may result from falls, being struck by objects, or toxic exposure, and can have lifelong consequences.
- Broken bones. From slips, falls, or machinery accidents, fractures often require surgery and time off work.
- Spinal cord injuries. These are particularly devastating and may result in partial or full paralysis.
- Chemical burns. Often caused by improper storage or handling of industrial materials.
- Hearing loss. A common but often under-reported condition in construction and manufacturing jobs.
- Repetitive stress injuries. Including carpal tunnel syndrome or back injuries from lifting, which develop over time.
Each of these injuries requires a unique approach and has specific challenges. Our law firm works with investigators, board-certified medical specialists, accountants, and other experts who can help us build a strong case that allows you to seek full compensation.
Going Beyond Workers’ Compensation
Workers’ compensation limits your compensation. That’s why we thoroughly investigate every case to determine whether a third-party lawsuit is possible. For example:
- Were you injured by a subcontractor’s negligence on a construction site?
- Did a defective piece of machinery or tool contribute to the accident?
- Was the property owner negligent in maintaining a safe work environment?
If so, we may be able to file a personal injury claim in addition to your workers’ comp claim, potentially multiplying your recovery. This is especially the case if you are a construction worker, for example, and your workplace violated the Industrial Code of New York State or New York’s Safe Place to Work Statute, which require workers of construction sites to be provided with safety measures.
What Makes These Cases Unique
There are several often-overlooked factors that can impact workplace injury cases:
- The importance of proper documentation. Prompt medical evaluation and consistent treatment are essential for your health and for the strength of your case.
- Surveillance and social media. Insurance companies often use private investigators and monitor online activity to dispute claims. We counsel clients carefully to avoid unintentional harm to their own cases.
- Time. With occupational illnesses, a diagnosis can take months or years. By the time a diagnosis takes place, the employee may be with a different employer, evidence may be lost, it may be hard to link the illness to work conditions, and the employer may even be out of business.
- Workers’ compensation restrictions. Workers’ compensation is only available if an employer has paid for it and if the work injury or illness qualifies. For example, the injury must have happened during work duties, and not during a commute or break. A third-party claim can allow an injured worker to seek compensation where workers’ compensation benefits may not be available.
- Return-to-work pressures. Many injured employees feel pushed to return to work before they’re ready. We work with your medical team to ensure your return is safe and medically sound.
What Is My Case Worth?
This is one of the first questions we hear, but the truth is, no honest attorney can give a fair estimate without knowing critical facts. We’ve seen far too many misleading ads that’s not our approach.
The potential value of your case depends on several key factors:
- How much insurance coverage is available. We look at liability, workers’ compensation, and any additional policies.
- How your life is affected. We work with vocational and medical professionals as well as accountants and other experts to establish your likely total costs and the likely impact of your injury on future earnings potential.
- Asset checks. What assets could be available to help pay for your injuries?
- Violations of safety rules. If the manufacturer of work equipment was negligent, you may have a claim against that company. In some cases, if your employer violated work safety rules you may be able to seek compensation beyond what workers’ compensation can offer.
How We Help
At The Law Office of Mark A. Siesel, we treat every case as if it were going to trial because preparation is the key to maximizing results, even if a settlement is reached.
We help our clients with:
- Filing and managing workers’ comp claims.
- Pursuing third-party personal injury lawsuits.
- Appealing denied claims or benefits reductions.
- Connecting with top medical specialists and vocational experts.
When you work with us, you work with Mark A. Siesel, who has decades of experience and who genuinely cares about your case and your future. In fact, many clients become friends because we stay in touch and treat you with care. And because we don’t charge a fee unless we recover money for you, so you have nothing to lose by getting in touch.
We Serve Clients Throughout the Region
We proudly serve injured workers across:
- Westchester County
- Bronx County
- Brooklyn County
- Rockland County
- Putnam County
- Orange County
- Dutchess County
- Ulster County
- Sullivan County
- Queens County
- Surrounding areas in New York and the Hudson Valley
No matter where you’re located, we may be able to help.If you’ve been hurt on the job reach out to The Law Office of Mark A. Siesel today. We offer free consultations, and you pay no legal fee unless we recover compensation on your behalf.
Don’t let the insurance company dictate your future. Let us help you protect your health, your rights, and your livelihood. Before you sign any paperwork, make any statements, or make any decisions about what you will accept for your injuries, at least contact us for a free consultation to discuss what may be possible in your claim.