Brooklyn Work Injury Lawyer

Options for Pursuing Compensation for a Brooklyn Work Injury

When workers get hurt on the job in Brooklyn, they could have several options for pursuing the compensation they need under New York’s labor laws, such as:

• Workers’ compensation claims – These are claims filed by workers who are someone’s employees when they get injured on the job. Workers’ compensation benefits include medical expenses, partial lost wages, and potentially disability benefits or death benefits. New York’s workers’ compensation system is typically a no-fault system, which means eligible workers can claim benefits regardless of who is at fault for their injuries.
• Scaffold Law lawsuits – These fall under Labor Law 240(1), often called the “Scaffold Law.” It provides special protection to workers performing work at height. Under New York law, an injured worker doesn’t have to prove negligence on the part of a property owner, contractor, employer, or other responsible party after a scaffold accident. If a worker is injured due to a fall from a scaffold or a falling object that should have been secured, they only have to show they were injured due to a violation of the statute.
• Vicarious liability lawsuits – These are lawsuits where the property owner or general contractor is held liable for the actions of other parties on a job site (subcontractors, for example). In a vicarious liability lawsuit, these parties can be liable even if they had no direct involvement in the incident. This is applicable under both the Scaffold Law and Labor Law 241(6), which places broad responsibilities on employers for worker safety on construction, excavation, or demolition sites.
• Statutory negligence lawsuits – These lawsuits come under Labor Law 200, which allows injured workers to bring claims for injuries due to dangerous or defective premises conditions or accidents involving the means, methods, or manner of the work. These claims require proof of negligence on the part of the owner or general contractor. Workers need to show that the owner or contractor had control over the work, the work was done unsafely, or the premises were dangerous, and these unsafe conditions caused their injuries.
• Other third-party claims – Injured workers might also have a valid personal injury claim against a non-employer third party whose negligence contributed to the accident. For example, if you were hurt in a work-related traffic accident, and another driver was at fault for the crash, you could be entitled to compensation from the at-fault driver in a third-party lawsuit.