HEALTHWATCH –Failure to recognize Labor Law claims costs members millions of dollars annually.

By Attorney & IUOE member Gregory Hach

In certain circumstances, although you cannot sue your employer in New York State, you may have a valuable negligence action in addition to your workers’ compensation claim when you are injured on the job. Too often, that claim goes uncompensated and the money that rightfully belongs to our injured brothers and sisters stays in the coffers of the insurance carriers.

We have put millions of dollars into the hands of members by educating them as to their specific rights. One of the biggest losses for members is the failure to recognize third party actions under the New York State Labor Law. On several occasions, we have successfully taken on cases that were improperly worked up by attorneys without a concentration in this area of the law or the previous attorneys outright rejected the member’s case because the claim went unrecognized.  Shockingly it is not uncommon that an attorney is retained by the member who does not determine that a negligence claim exists in addition to the workers’ compensation claim. We have established safeguards not only to protect the member against such failures to recognize third-party claims; but further commit to a rigorous investigation of the facts surrounding individual actions with excellent results.

I hear from members often about how they injured themselves on the job while performing various projects. Many have back injuries, fractures or other disabling ailments. If you are injured on the job, consult with an experienced negligence attorney – I invite you to call our firm at any time with any questions you may have under such circumstances. I’ve set out below instances which should trigger your contacting us for an evaluation of the facts surrounding your claim.

If you are injured on the job you are entitled to New York State Workers’ Compensation Benefits. BUT - If you injure an extremity such as an:

1) ARM,

2) LEG,

3) FINGER,

4) HAND or

5) suffer from scarring due to an injury;

You may be entitled to a lump sum settlement based on specific legal guidelines.

Additionally, you may have the right to pursue a negligence action or an action under the NEW YORK STATE LABOR LAW against a third party. The Labor law has special provisions for those injured on the job while performing repairs, painting, demolition, and various other tasks. There is no imposed limit on your financial recovery in such instances.

The LABOR LAW covers members who were working on:

1) LADDERS,

2) Scaffolds, or otherwise

3) Fell from heights whether they were working on

4) Cooling towers, or in

5) Ceilings and

6) THOSE INJURED DUE TO FALLING OBJECTS, or

7) Tripped or slipped due to materials left by contractors, or

8) Were not provided a “

safe place

to work.”

There are specific legal requirements based on the facts regarding such injuries that make it crucial for the injured member to contact an attorney that specializes in labor law claims. Although there is a three-year statute of limitations to bring one’s case under this area of the negligence law, it is important to act quickly when injured. Where liability rests on evidence which can easily be removed from the site of the accident it is important to take measures to preserve evidence for future use.

HACH & ROSE, LLP represents hundreds of IUOE members for various injuries and conditions and specializes in negligence claims and actions under the New York State Labor Law.

If you are injured, do not hesitate to call directly to (212) 779-0057 or toll free to (866) LAWS-USA (866-529-7872). Simply identify yourself as a member of the IUOE. All calls are confidential and as always there is no cost for consultation.