Harlem Workplace Accident Lawyer

You deserve to feel safe at work. When you’re hurt on the job, know that you have the right to seek workers’ compensation benefits from your employer. Contact a Harlem, NY workplace accident lawyer if you’re concerned about your case or have been denied compensation.

At The Eskesen Law Firm, we’ve been representing injured workers across New York City since 1999. We believe that our city is as incredible as it is because of workers like you. Let us stand up for your rights and advocate for the benefits you rightfully deserve. Call today to set up a free case consultation and discover the difference we can make.

New York Workers’ Comp Benefits

Workers’ compensation benefits exist to protect employees if they ever get injured at work or fall ill due to their workplace conditions. These benefits cover medical treatment, wage replacement, and compensation for any permanent disabilities.

Workers’ compensation operates under a no-fault system. This means that employees have the right to receive benefits regardless of who caused the accident. You cannot get fired or penalized for filing a claim.

To qualify, you need to report your condition to your employer within 30 days of the incident (or your discovery of your injury) and file a claim with the Workers’ Compensation Board within two years. If your claim gets denied, you have the right to appeal the decision. No matter what stage of the process you’re at, it’s important to consult a Harlem workplace accident lawyer to make sure you’re following all necessary steps and building a robust claim.

What To Do After Getting Hurt At Work

Get Medical Attention: Even if your injuries seem minor, you should seek medical care as soon as you can. This will help expedite treatment and provide documentation that can strengthen your claim.
Document The Incident: You should log details about your accident or illness, including the time and location the incident happened, how your injury occurred, the names of any witnesses, and any workplace conditions that contributed to the accident. The more details you can document, the better. Taking photographs is also a smart move.
Notify Your Employer: As mentioned above, you need to let your boss know about your condition within 30 days of your accident or the beginning of your illness. If you don’t, you risk your chance of being able to seek benefits.
File a Workers’ Compensation Claim: After you notify your employer, they should provide you with a C-3 (Employee Claim Form). You’ll have two years from the date of your injury/diagnosis to file your claim with the New York State Workers’ Compensation Board.
Contact An Attorney: It’s in your best interest to consult a Harlem workplace accident attorney who can help you navigate the entire legal process and, if necessary, appeal any denied claims.
See An Authorized Medical Provider: To receive benefits, you’re required to see a doctor authorized by the state’s Workers’ Compensation Board. You can find an approved provider through their website. If emergency treatment is needed, you can seek medical attention at the nearest hospital, but for follow-up and non-emergency care, you’ll need to switch to an authorized provider.
Maintain Records And Follow Medical Advice: Attend all medical appointments and keep copies of any reports, treatment plans, and medical bills. Follow your doctor’s guidance for treatment and recovery. Refusing or failing to do so will negatively affect your ability to secure workers’ comp benefits.

Seeking Results That Matter

Our Harlem workplace accident lawyer has secured six- and seven-figure settlements for victims of construction accidents, auto collisions, premises liability cases, and more. Results matter to us because our clients matter to us. This has been our mentality since 1999. Contact The Eskesen Law Firm today to schedule your free consultation.

Our Harlem, NY Workplace Accident Lawyer Helps Injured Workers Like You

We all deserve a safe workplace and an employer who ensures we have the right safety gear and protections to do our jobs. When this doesn’t happen, workplace accidents are much more likely. Most injured workers in New York are eligible for employer-sponsored New York Workers’ Compensation benefits, which cover all necessary medical care and a partial wage stipend for the missed days at work. Getting these benefits should be simple, but many people face significant obstacles to getting their fair due from the insurance company.

This isn’t the only legal hurdle injured workers face. Some may work for an employer that doesn’t have workers’ comp (but should), which means that they may have to pay for medical care out of pocket. Other people may be eligible for a third-party lawsuit, depending on the circumstances of the workplace accident. Our Harlem, NY workplace accident lawyer can help you assert your rights after the accident and address any Workers’ Compensation issues you face. Contact The Eskesen Law Firm today for a free consultation.

Your Rights as an Injured Worker in New York

Virtually all employers in New York must carry adequate workers’ compensation insurance or face serious legal consequences (single owner-operators and some specific positions are exempt). Workers’ comp is an employer-sponsored benefit and should be fairly easy for you to access. Report the injury to your employer and follow their instructions for seeing a covered provider and filing for your wage replacement benefit. You have the right to full coverage of all medical care, even if you need surgery, and your employer must hold a position open for you while you’re out.

You’re also protected from retaliation by your employer. Some employers, especially if the claim is high-value, may try to terminate your employment while you’re out. This is illegal, and our attorneys can swiftly take action if this happens to you.

If your employer doesn’t have workers’ comp but should, they’re open to a lawsuit. We’ll help you initiate legal action to cover your medical needs, lost wages, loss of earning potential, and other losses, including pain and suffering. And, if your injury was caused by a third party, like a negligent driver or careless subcontractor, we can also initiate legal action against them, even if you’re receiving workers’ comp benefits.

How Our Lawyer Can Help You

After a workplace accident, we can help in the following ways:

Help you file worker’s comp, so no errors or omissions delay your benefits
Appeal a denied or minimized workers’ comp claim with the New York State Workers’ Compensation Board
File a lawsuit against your employer if they don’t have workers’ comp coverage but legally should
Initiate a third-party action if the accident was due to the negligence of a third-party

We handle all the legal matters relating to your workplace injury claim, so you can focus on what you need to do to fully recover. As your Harlem workplace accident lawyer, we support your rights and defend your interests. Call The Eskesen Law Firm today for a free consultation.

Common Ways Employers Try To Hide Workplace Accidents

When a workplace accident happens, employers are legally required to report it and ensure the injured worker receives proper care and compensation. Unfortunately, some employers try to avoid responsibility by hiding or downplaying the incident. These tactics can put workers at risk and violate labor laws. A workplace accident lawyer can help uncover these practices and make sure injured employees are treated fairly. The Eskesen Law Firm understands claims like these and has lawyers who speak multiple languages and can help with your case. Do not wait to reach out to a lawyer, as these cases are often very time-sensitive.

Not Reporting the Accident to Authorities
Some employers avoid filing required reports with OSHA or fail to log the incident in their internal injury records. By not reporting the accident, they try to avoid inspections, fines, or an increase in workers’ compensation premiums. It is crucial to ensure you get the compensation you deserve. For example, common injuries in construction accidents should still be covered by the employers.

Pressuring Employees Not to File Claims
It’s not uncommon for employers to encourage workers to handle injuries “off the books.” They may offer to pay for medical care out of pocket or suggest that filing a claim could negatively affect the employee’s job. This kind of pressure is illegal and puts the worker at risk of missing out on full benefits.

Misclassifying the Severity of the Injury
An employer may downplay a serious injury by labeling it as something minor. For example, a fracture might be reported as a sprain. This tactic helps them keep their safety record cleaner but prevents the injured worker from receiving proper care and documentation. Skilled bicycle accident attorneys understand how to help.

Blaming the Employee for the Incident
Instead of addressing unsafe conditions, employers may try to shift responsibility onto the injured worker. They might claim the employee violated safety rules or was acting recklessly, even when the accident resulted from poor training or unsafe equipment.

Destroying or Withholding Evidence
To avoid accountability, some employers may clean up the accident scene, fix the hazardous equipment without documenting it, or erase security footage. This makes it harder for workers to prove what happened and can weaken their case.

Retaliating Against the Injured Worker
Employees who speak up about unsafe conditions or file claims may face retaliation. This can include reduced hours, poor performance reviews, reassignment to undesirable tasks, or even termination. Retaliation is illegal, and workers have the right to take legal action.

Discouraging Witnesses from Coming Forward
Employers may also intimidate or silence coworkers who witnessed the accident. They may warn them not to speak with investigators or pressure them to give a different account of what happened. This can delay or derail a legitimate injury claim. You should always know why filing a personal injury claim quickly is important – especially against an employer. You need to ensure your rights are protected.

When to Contact a Workplace Accident Lawyer

If you’ve been injured on the job and suspect your employer is trying to cover it up or limit your access to benefits, don’t wait. A workplace accident lawyer can help protect your rights, gather evidence, and make sure your claim is taken seriously. Getting legal help from lawyers like The Eskesen Law Firm early on can make all the difference in your recovery and financial security.