Workplace Injury Attorney in Rochester, NY
Getting hurt at work can damage your life in many ways. In addition to the physical impacts of an injury, you may be dealing with a significant financial burden, uncertainty about your future employment, and psychological trauma. If you suffered a workplace injury in Rochester or the surrounding area, you don’t need to navigate this time alone. Get skilled representation from a Rochester workplace injury lawyer.
About Gattuso & Ciotoli, PLLC
When you experience a personal injury, whether in the workplace or otherwise, you need experienced legal counsel to get you the compensation you deserve. At Gattuso & Ciotoli, PLLC, we leverage over five decades of combined experience for our clients’ benefit. We can represent our Rochester clients in negotiations or hearings as needed. Let us help you recover from your injury.
What Constitutes a Workplace Injury?
A workplace injury is any injury that occurs during the course of employment. The concept encompasses physical injuries as well as illnesses that result directly from workplace hazards. Occupational injuries are extremely common. In 2024, there were 2.5 million nonfatal injuries and illnesses related to private industry work in the United States.
A wide variety of incidents can be classified as workplace injuries. The following are a few examples:
- Slip-and-fall accidents. Slipping and falling may not sound like a big deal, but these incidents can result in serious injuries, like broken bones, concussions, and more.
- Falling objects. Some workplaces come with inherent hazards. In environments like construction sites, falling debris or equipment are constant hazards.
- Equipment injuries. Heavy machinery can be dangerous, especially in factory settings and similar places. Unfortunately, it is possible for hands or feet to get caught in machines, leading to significant injuries.
- Exposure-related illnesses. Some occupations involve exposure to potentially hazardous substances, some of which can cause serious illness. One example is asbestos. For a long time, the dangers of asbestos were not known, and exposure over time led to serious respiratory illnesses.
What to Do If You Are Injured at Work in New York
In the state of New York, almost all employers are required to carry workers’ compensation insurance. This insurance policy exists to pay medical and other expenses for employees who are injured on the job. Workers’ compensation should take care of your immediate medical care as well as partial wage replacement if you cannot work because of the injury.
Here are the steps to follow if you are hurt at work:
- First, take care of yourself. Get any emergency medical care you need.
- Report the injury or illness to your employer. This must be done within 30 days of the incident to qualify for workers’ compensation.
- Contact an attorney to discuss the incident. Your lawyer can pursue full compensation for your injury.
- Continue medical care. Make sure the providers you are using are approved by the New York Workers’ Compensation Board and/or your employer’s insurance company.
- File an Employee Claim (Form C-3) with the New York Workers’ Compensation Board. In Rochester, you can file at the Rochester District Office. This must be done within two years of the incident, even if medical care is ongoing.
Why You Should Hire a Workplace Injury Lawyer
It is well-known that insurance companies do not like to pay compensation. Their goal is to save as much money as they can, even if that means insufficient payouts for covered situations. If you hire a workplace injury lawyer, they can communicate with insurance companies on your behalf. Attorneys know what to watch for in a workplace injury claim, so they can secure the compensation injured workers need to move on with their lives.
Sometimes, a workers’ compensation claim is not enough. If your injury resulted from faulty equipment or other negligence by a third party (not your employer), you may have grounds to file a personal injury claim against that party. Your Rochester workplace injury attorney can determine if this applies to you. If it does, they can represent you at the Monroe County Supreme & County Courts.
FAQs
Can I Also File a Claim Against My Employer?
Usually, no, you cannot also file a claim against your employer if you are filing a workers’ compensation claim. However, if your employer is uninsured or underinsured, a personal injury claim may be an option under workplace injury laws. Furthermore, if the employer demonstrated a willful disregard for safety, you may also have a personal injury case. An example of this would be removing safety measures to speed up work.
How Long Do Most Workers’ Compensation Cases Take to Settle?
How long it takes for a workers’ compensation case to settle depends heavily on the complexity of the case. For simple injuries not requiring long-term medical care, cases may be settled in a matter of months. For complex cases involving long-term medical care or chronic disease, it may take up to a few years to reach a settlement.
How Much Does a Workers’ Compensation Lawyer Cost in New York?
The fee for a workers’ compensation lawyer in New York can vary significantly based on the individual lawyer’s rates and the specifics of your case. However, most workers’ compensation lawyers work on a contingency fee structure. This means that, rather than you having to pay the lawyer upfront, the attorney gets a percentage of any compensation they win for you.
Why Should I Consult an Attorney as Soon as Possible After an Injury?
If you have sustained an injury for which you are seeking compensation, it is always a good idea to contact an attorney as soon as possible. They can make sure you are taking all necessary steps to get the most comprehensive compensation you can. Attorneys are familiar with laws surrounding injury compensation, and they can pursue every avenue for a positive outcome.
Contact Gattuso & Ciotoli, PLLC
If you are dealing with a workplace injury and seeking compensation, you know how stressful and overwhelming the process can feel. At Gattuso & Ciotoli, PLLC, we are here to help our clients feel confident throughout their injury cases. Contact us today for a consultation to discuss your case.