New York City Deaf & Hard-of-Hearing Work Accident Attorneys
Work Accident Litigation Representation Throughout New York State
Whether you work at a construction site, a coffee shop, or a corporate office, any on-the-job injury can significantly disrupt your life. As a person who is deaf or hard of hearing, you also may have an especially difficult time securing the full compensation you are owed through your employer’s workers’ compensation policy. It is in your best interest to fully evaluate all of your recovery options, which may include filing a personal injury lawsuit against a third party whose negligence led to your injuries.
At Bruce J. Gitlin, P.C., we are passionate about helping members of the deaf and hard-of-hearing communities seek just compensation when they are injured in workplace accidents.We understand New York’s workers’ compensation laws and how they impact your right to sue. Our New York City deaf and hard-of-hearing work accident lawyers have over 40 years of experience and will help you explore all available remedies. Our team has litigated matters in state and federal courts and has what it takes to secure the recovery you deserve.
If you have recently been injured in your workplace, schedule an initial consultation by calling (646) 513-4556 or contacting us online. We provide our services in American Sign Language (ASL), English, and Spanish.
When Can You File a Personal Injury Lawsuit for a Workplace Accident in New York?
Unfortunately, you generally cannot pursue a personal injury lawsuit against your employer after a workplace accident. New York law offers workers’ compensation as the primary remedy. Employers are required to carry workers’ compensation insurance policies, which generally precludes employees from filing private legal action against their employers.
Workers’ compensation can allow you to receive compensation that you require to recover after a workplace accident. For example, workers’ compensation can provide you with monetary relief for medical bills, a portion of lost wages, and temporary or permanent disability.
Generally, you have three years from the date of the accident to file a personal injury lawsuit in New York, regardless of whether the incident took place while you were on the job. If an accident results in death, you generally have two years from the date of your loved one’s passing to file a wrongful death lawsuit. You cannot recover damages if you wait too long.
There are some circumstances where you can file a personal injury lawsuit despite workers’ compensation insurance. If a third party’s negligence caused or contributed to your injuries, you have the right to bring a claim against them. Keep in mind that you cannot sue your employer or another employee, even if they were provably negligent.
For example, say you were driving a company car to an employer-sponsored function during normal working hours. Another motorist drives negligently, causing a car accident in which you suffer injuries. Because you were on the job, you can seek workers’ compensation benefits. You can also file a personal injury lawsuit against the negligent driver.
Confused about whether you can sue for a workplace accident? You are not alone. Our New York City deaf and hard-of-hearing work accident attorneys can evaluate your case and walk you through your legal options.
How Do Work-Related Personal Injury Lawsuits Work in New York?
Generally, you have three years from the date of the accident to file a personal injury lawsuit in New York, regardless of whether the incident took place while you were on the job. If an accident results in death, you have an additional two years from the date of your loved one’s passing to file a wrongful death lawsuit. You cannot recover damages if you wait too long.
Because work-related personal injury lawsuits exclusively involve third parties (and never your employer or co-employees), they operate more or less like a typical claim. You will need to demonstrate that the defendant’s negligence more likely than not contributed to your injuries. Some claims can be settled through negotiation, but our team at Bruce J. Gitlin, P.C. is always prepared to go to trial.
Our New York City deaf and hard-of-hearing work accident lawyers will fight to recover compensation for all losses, including:
- Medical expenses
- Lost wages
- Lost earning capacity
- Loss of consortium
- Property damage
- Emotional distress
- Physical pain and suffering
New York Workplace Injury Defense Strategies for Deaf of Hard-of-Hearing
When defending a deaf or hard-of-hearing client in a New York work accident case, lawyers may need to consider the following legal defenses:
- Reasonable Accommodation: Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with disabilities, including those who are deaf or hard of hearing. If the employer failed to provide a reasonable accommodation that could have prevented the accident or injury, the employer may be liable for damages.
- Negligence: If the accident was caused by the employer's negligence, such as failing to maintain a safe working environment or failing to provide adequate training, the employer may be liable for damages. The lawyer may argue that the employer's negligence caused or contributed to the client's injuries.
- Contributory Negligence: If the client's own actions contributed to the accident or injury, the lawyer may argue that the client was not entirely at fault. The lawyer may argue that the employer's failure to provide a reasonable accommodation was the primary cause of the accident or injury, and that the client's actions were a secondary cause.
- Workers' Compensation: If the accident occurred in the workplace, the client may be eligible for workers' compensation benefits. The lawyer can help the client navigate the workers' compensation process and ensure that they receive the benefits to which they are entitled.
- Disability Discrimination: If the employer discriminated against the client based on their disability, the lawyer may argue that the employer violated the ADA or other disability discrimination laws. This may include situations where the employer failed to provide a reasonable accommodation or treated the client unfairly because of their disability.
It is important to note that the specific legal defenses available in a work accident case will depend on the facts of the case and the laws of the jurisdiction where the case is being heard. An experienced lawyer can provide guidance on the best legal strategies to use when defending a deaf client in a work accident case.