Long Island Workplace Injury Lawyer

If you were injured in a workplace accident on Long Island, contact an experienced and highly rated workplace injury lawyer for a free case review.

In New York, in addition to workers comp an injured worker may be able to bring a third party lawsuit against the parties that were responsible for your workplace accident.

An on the job accident may create distinct claims for workers compensation and a third party lawsuit. The job will not look out for your best interests. Employers, human resources, and the various insurance companies that are involved when a workplace injury occurs often begin shaping the narrative in their favor moments after the accident takes place. Often contacted by clients shortly after a workplace accident takes place, I immediately take steps to investigate whether the injured worker has a potential claim in addition to filing for workers compensation. Who is legally responsible after a workplace accident is determined based on the specifics of your accident. Hiring an experienced and highly regarded workplace injury attorney will help you navigate through this complex legal process. Contact our Long Island or Manhattan offices to schedule a free initial no obligation with workplace injury attorney Adam C. Raffo, Esq. Adam will provide a thorough review of your case, the potential responsible entities, and your legal options after being injured at work on Long Island or in New York City.

When hurt at work are you able to bring a claim or lawsuit in addition to workers compensation?

Generally in New York State you cannot sue your employer for a work-related injury, and after many types of workplace accidents your sole recourse will be limited to filing a workers compensation claim with your employer. However, in many situations those injured at work may be able to file claims or a lawsuit against people or entities who contributed to, or caused, your workplace accident. The ability to file third party claims and lawsuits for your on the job injury is vital , as payments and recovery under the workers’ compensation system generally does not cover many accident related damages including pain and suffering. After being injured at work you should immediately consult with a workplace injury lawyer to determine if a third party may bear responsibility for your injury. An experienced workplace injury attorney will work with you to identify any responsible parties and ensure that your interests and future rights are protected when filing early workers comp paperwork such as the New York Workers Compensation C-3 Employee Claim form.

In New York workplace injury cases we strive to take a holistic approach to the client’s injury and resulting claims, so as to protect the client’s needs, and maximize their goals. Throughout your third party  lawsuit we will provide dedicated assistance for your workers compensation claim and we will work to ensure that your interests are well protected in the various stages of all related proceedings. Adam C. Raffo, Esq. is frequently called upon to guide those injured in Long Island on the job accidents during the stressful and confusing days immediately following a workplace injury. Call Long Island workplace accident lawyer Adam C. Raffo, Esq. for a free no obligation case review of your workplace accident or on the job injury.

What types of workplace accidents may create third party claims?

If you have been injured in an accident while you were working, you need to speak with an experienced New York work injury lawyer to determine if in addition to workers compensation you can bring a lawsuit against those responsible for causing your injury. While in many situations an injured worker will be limited to filing a workers comp claim with their employer, Adam C. Raffo, Esq. has assisted hundreds of clients investigate and prosecute third party lawsuits related to their workplace accidents. These third party claims are important to injured New York workers as the workers compensation system is not designed to compensate those injured at work for all of the damages they may have suffered as the result of an on the job injury. In fact, injured New York workers cannot recover pain and suffering through the workers compensation system, and may only recover financial compensation for the pain they experienced after a workplace accident by bringing a third party claim against people and entities separate from their employer. In the many situations where a worker is injured by a person or entity other then their employer, the injured worker may be able to seek additional compensation by filing a personal injury lawsuit. While there are certain fact patterns that commonly give rise to potential third party lawsuits, the ability to bring a third party claim is highly fact specific so you should speak with an experienced workplace injury lawyer to determine if you have a viable third party claim.

Common accident types that may allow an injured worker to file a lawsuit in addition to workers compensation:

  • Car accidents that occur while driving for work or driving to jobsites

  • Accidents caused by dangerous properties and businesses that one needs to enter for work

  • Claims against the owner or company responsible for maintaining the building where you work

  • Construction accident claims brought against the owner and general contractor at a construction site

  • Injuries caused by dangerous or faulty products or equipment you use at work

  • Workplace injuries involving New York City teachers, police officers, firefighters, and sanitation workers

  • Injuries that happen in the common area or the parking lot of your workplace

What are some common examples of workplace accidents where the injured worker can bring a separate lawsuit?

When injured at work you should always consult with an experienced workplace injury attorney to determine if the facts and circumstances involved in your on the job injury create an opportunity to file a district third party claim. Recognizing that the days after a workplace injury are often confusing and frightening, and that many workers injured on Long Island may be searching for basic information concerning what they should do immediately after being injured while at work, we have outlined several illustrative third party lawsuits we have recently successfully handled so as to provide common examples of situations where there may be a viable third party claim in addition to workers compensation. Prior results do not guarantee future outcomes. This list is not comprehensive, and the selected matters are included to illustrate the types of workplace matters we have successfully handled in the past, as well the common fact patterns that give rise to third party lawsuits . Since all cases are different and caselaw and legal authority is constantly changing, prior results in any particular case do not guarantee or predict similar outcomes. You should always consult an attorney of your choosing for specific advice related to your workplace injury legal matter. Call Long Island workplace injury lawyer Adam C. Raffo, Esq today for a free case review and to discuss whether in addition to New York workers compensation you may be eligible to seek additional compensation for your workplace injury case.

  • $650,000 third party settlement for a nurse who tripped and fell while she was assisting a doctor she was employed by perform a procedure at a surgical center. In addition to a workers compensation claim filed through her employer’s insurance, we were able to bring a separate third party negligence lawsuit against the owner of the surgical center to recover compensation for our client’s pain and suffering and future anticipated medical expenses.

  • $285,000 settlement for an office worker who was able to file a third party lawsuit against a contractor who negligently performed renovation work at her office building shortly before the accident.

  • Our client, a cable technician for Time Warner, was injured when he fell down a dangerous staircase at a commercial property while installing coaxial cables. In addition to the workers compensation claim the cable worker secured a third party settlement of $190,000 against the owner and the tenant of the commercial property at which he was injured.

  • $350,000 settlement for a Long Island women who tripped and fell in a pothole that was located in the parking lot of the Suffolk County manufacturing park where her employer’s factory was located.

  • $150,000 settlement after a Westchester home health aide was involved in a car accident while on the way to a patient’s home.

  • $530,000 third party settlement for an injured worker who slipped on a greasy liquid that was left on the floor of a commercial kitchen where his company rented space. The injured worker made a claim under his employers workers compensation insurance and filed a third party lawsuit against the landlord who owned the kitchen.

  • $55,000 settlement for a Long Island police officer whose patrol vehicle was struck while he was parked on the side of a Long Island highway executing a traffic stop.

  • In addition to the workers compensation benefits she received, we were able to secure a $200,000 settlement for a nanny who was injured in a motor vehicle accident while transporting the child she cared for.

  • $95,000 settlement for a taxi driver who was involved in a car collision while he was driving a for hire livery vehicle.

  • In addition to the workers compensation benefits our client received, we were able to secure a half a million dollar settlement for an electrician who was injured when a rusted step at the property where he was working broke. The injured electrician filed a third party lawsuit against the owner of the property alleging that the owner was aware of the dangerous condition but failed to fix the defect.

  • Third Party personal injury settlement for an injured Long Island salesperson who tripped and fell on a broken sidewalk while walking to a restaurant to attend a business meeting with a client.

  • Near six figure settlement for a school aide who was injured when she slipped and fell on water leaking from a piece of equipment in the school cafeteria. In addition to workers compensation benefits our client received, we were able to secure a third party settlement against the service company responsible for maintaining and repairing the mechanical equipment at issue.

  • Five figure settlement for a Long Island police officer who while responding to an emergency call with siren and emergency lights activated was stuck in a intersection by a careless driver.

  • Our client a restaurant worker delivering food on an E-bike recovered $55,000 in a third party lawsuit against the driver of a motor vehicle that knocked him off his e-bike.

  • $190,000 settlement for a Long Island school bus driver who parked their school bus in the parking lot of a coffee shop and tripped and fell when they were entering the establishment.

  • $175,000 third party settlement for an MTA bus driver who was injured when the bus she was driving was rear ended by a commercial vehicle at a red light. The bus driver had completed their routes for the shift and was returning to the yard when the accident occurred.

New York Workers Compensation and work place injury lawsuits

Can a worker injured in New York receive both workers compensation and a third party lawsuit settlement?

The New York workers' compensation system serves as a safety net for injured workers, ensuring a degree of financial protection in the event of work-related injury.  Administered by the New York State Workers' Compensation Board, the system operates on the principle of "no-fault," meaning that compensation is provided regardless of who or what caused the accident. 

 When a worker is injured, they must promptly report the incident to their employer. Employers are then required to file a C-3 Employee Claim form with their workers' compensation insurance carrier and the Workers' Compensation Board.  Medical expenses incurred as a result of the work-related accident are typically covered, including doctor visits, hospital stays, prescription medications, and rehabilitation.  Wage replacement benefit consisting of a portion of the injured workers wage or salary is also available to compensate the injured worker for lost earnings during the recovery period.  Generally, the severity of the injury will determine the length and amount of wage benefits with permanent disabilities potentially leading to ongoing payments or a lump-sum settlement. The workers' compensation system in New York strives to ensure fair and timely compensation, with the Workers' Compensation Board serving as a mediator in case of disputes.  While injured workers can file a workers compensation claim on their own we encourage them to retain experienced counsel to protect both their short and long term interests. 

 According to the United States Bureau of Labor each year approximately 3 million workers sustain an injury, including approximately 125,500 injured New Yorkers. This means out of every 100 New York workers 2.2 will sustain a workplace injury over the course of a given year. As an attorney specializing in workplace injuries clients often come to me in the hours and days after suffering an on the job accident looking for guidance and basic information about how the workers compensation system works, who is entitled to receive benefits, and what those benefits will look like.  While every case is different and injured workers should schedule a consultation with an attorney to discuss their specific circumstances we provide the following information to familiarize our clients with some of the basis principles and features of the New York workers compensation system. 

  • It is a form of insurance that provides medical coverage and income replacement to injured workers. If injured at work, it is important to apply for, and use workers compensation medical coverage as opposed to your own personal health care insurance. In fact, on the intake documents at most hospitals and doctors’ offices there is a questionnaire section that explicitly asks the patient whether they were injured as the result of a workplace accident. Workers’ compensation will also provide expenses for medical appointments and will provide replacement income if a worker cannot work. While fact specific and subject to rate changes the replacement income provided by the workers compensation system generally is two-thirds of ones pre injury wage up to a maximum wage. The maximum wage limit is an important caveat as the maximum weekly benefit rate is capped at two-thirds of the New York State average weekly wage for the previous calendar year, as determined by the New York State Department of Labor. For example in June of 2023 the maximum NY State average weekly wage was $1688.19 capping the maximum a worker can recover at $1,125.46 a week. While those figures may place some workers in financial difficulty workers compensation replacement wages act to serve as a lifeline for a lot of injured New Yorkers.

  • Nearly all full and part time New York workers are entitled to receive worker’s compensation benefits. There is no residency or citizenship requirement to receive workers’ compensation in New York. All people working in New York regardless of their immigration status are covered by the workers compensation system. Similarly workers compensation applies to workers across the board, for example it applies to a construction worker injured at a construction site, the lawyer representing them from a legal office, and the people staffing the building in which the lawyer works.

  • An injured worker is advised to seek immediate medical attention and then report the accident and injury to one’s supervisor. Injured workers generally must notify their employer within 30 days from the date that the worker knew or should have known of their injury. After reporting the injury, the worker will need to file a workers compensation claim. This claim generally must be filed within two years of the accident. Many times, the employer or job will suggest that the employee file the claim themselves however injured employees may, and in our opinion, should, consult with an attorney to navigate the system, avoid missing various deadlines, and to complete the forms and documents that will serve as the crux of their claim moving forward completely and accurately. At a minimum an initial consultation with a workplace injury attorney can help advise and counsel the injured worker on the legal process and help ensure that the injured worker makes an informed decision on how to proceed and the benefits and risks associated with their decision.

  • An on the job injury may create distinct claims for workers compensation, disability, and a third party lawsuit. The job will not look out for your best interests. Employers, site safety, supervisors, and the various insurance companies that are involved when a workplace accident takes place unfortunately often being aggressively attempting to shape the narrative and build their defense against your claim moments after the accident occurs. By contacting an experienced workplace injury attorney, they can counsel you on how to proceed and immediately begin to take steps to investigate, preserve and memorialize evidence. Your workplace injury attorney will work and if necessary fight to ensure that your interests are well protected in the various early stages of all related claims processing and workers compensation proceedings and they will serve to guide you and your family through the often confusing and stressful days immediately after an accident takes place. They will focus on the small details while giving you a broad overview of the process and the impact a workers compensation claim may have on collateral proceedings such as a lawsuit against a third party responsible for your injury. I often tell my clients in the many situations where a injured worker can bring a lawsuit against a responsible 3rd party in addition to a workers compensation claim that the workers compensation claim is aimed at helping them in the near term while the 3rd party lawsuit has a long term focus aimed at uncovering the full extent of how they were harmed and in turn seeking to compensate them for what they went through and unfortunately how much they ended up losing.

    In New York workplace injury cases and construction accident cases we strive to take a holistic approach to the client’s injury and resulting claims, so as to protect the client’s needs and maximize their goals. We provide compassionate guidance and aggressive representation and encourage those of your who have been injured in a workplace injury as well as those of you currently struggling through the system to reach out to us for guidance and counsel.

Work with an experienced and highly rated Long Island work injury lawyer on your third party lawsuit.

With offices in Mineola and Manhattan, Adam C. Raffo, Esq. represents injured workers, laborers and tradesmen with lawsuits and claims seeking compensation for pain and suffering, lost wages, and future medical costs arising out of the negligence and violation of safety standards by third parties whose negligence contributed to your workplace injury.

Adam C. Raffo, Esq. is associated with Weitz & Luxenberg P.C. a large Manhattan based personal injury law firm, and has extensive experience handling high value personal injury workplace lawsuits and claims. With many previous hard fought settlements against large corporate defendants and training in OSHA safety standards, Adam uses an in-depth knowledge of New York Law and OSHA regulations to pursue compensation on behalf of injured workers. Providing free case reviews in workplace injury claims Adam is often called upon to guide clients in the overwhelming hours and days immediately after suffering an on the job injury.

How Long Island workplace injury lawyer Adam C. Raffo, Esq. can help you after an accident occurs while you are working.

Adam C. Raffo was raised, attended law school, is raising his own children, and represented the people of Nassau County Long Island as an Assistant District Attorney. With tens of millions of dollars in recent settlements and numerous professional accolades and accomplishments he understands the hardships serious injuries create for injured workers and their families. These hardships are magnified when the limited lost wage benefits provided by New York workers compensation prevent the injured worker to maintain the standard of living their family was accustom to prior to their construction site injury.

When your job and your families livelihood depends upon your body being up to the rigorous physical challenges of the worksite it is in your best interest to seek our an experienced Long Island workplace personal injury attorney for a free no obligations consultation immediately after being involved in an on the job accident. With offices in Mineola, Long Island and Manhattan, as well as the resources and multi-lingual staff offered by his association with a large national law firm, Adam C. Raffo, Esq. can offer assistance to injured Long Island workers seeking additional compensation for injuries and lost wages.

Demonstrated history of successful results in third party lawsuits against those who negligently cause workplace accidents.

Third Party workplace injury cases are complicated and are often heavily contested by the insurance companies and the defense attorneys who represent their interests. The insurance companies frequently deny coverage or undervalue claims by citing often used excuses such as pre-existing medical conditions, blaming the worker or sometimes even claiming that the accident did not take place. Adam C. Raffo, Esq. has over twelve years of experience successfully litigating workplace injury lawsuits s a obtaining high settlements for injured workers. His unique blend of compassion and aggressiveness is often noted by the many happy clients who have retained him to handle their workplace accident cases. For each year from 2018 to 2022 Adam was recognized as a “Rising Star” in the field of personal injury law by New York Metro Super Lawyers, an honor that was received by only 2.5% of the top up-and-coming attorneys in New York State. Similarly the National Trial Lawyers Association selected Adam for membership in its “Top 40 under 40” based on his performance and reputation within the legal community. In 2023, in only his first year of eligibility, Adam was formally named a Super Lawyer in Plaintiff’s Personal Injury Law in the New York Metro area and was recognized as one of the National Trial Lawyers Top 100 Trial Attorneys. Adam C. Raffo Esq. has been featured on the front page of the preeminent legal publication the New York Law Journal, and in 2017 he was recognized by New York Magazine for one of the top trial verdicts in New York State.