How an Employer Can Be at Fault for a Workplace Injury in New York

You did everything right at work. You were always careful. But still, you suffered from an injury, and now you’re out on leave while you get treatment. You’re wondering, is my employer at fault?

By learning more about workplace injuries and fault, you can discover if you’re eligible for compensation.

How Workers’ Comp Operates

Nearly every single employer in New York is required to offer employees (not independent contractors) workers’ comp in case they get injured on the job. This means that if an employee gets injured – whether or not it’s the employer’s fault – they have the right to go after benefits.

Is an Employer at Fault for a Workplace Injury?

Your injuries could absolutely be your employer’s fault if they didn’t train you or the other employees properly, give you safety equipment, or uphold their duty of care to you and your coworkers. You could go after workers’ comp no matter whose fault it is. Additionally, if your employer was supposed to offer workers’ comp and they did not, and you got injured, you could bring about legal action against them to potentially get compensation.

Personal Injury at Work

Personal injury is different from a workers’ comp injury. A personal injury lawsuit involves a third party – for instance, a truck driver who smashed into your company vehicle while you were driving to the post office. This is not your employer’s fault, but it did happen when you were on the job. You could bring about legal action against the truck driver and their employer to get compensation for your injuries.

Reaching Out to a Personal Injury Lawyer

If you need representation after getting hurt at work, then contact the personal injury firm Gash & Associates. Gash & Associates help clients throughout Westchester County. We offer free consultations. Reach us now by calling (914) 328-8800.

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