Long Island Fatal Workplace Injury Lawyer
Losing a loved one unexpectedly to a workplace injury is devastating. You may not know where to turn or how to move on from this tragedy—not to mention cover the costs related to their untimely death. However, you may have options for compensation that can help you—financially and emotionally—through this difficult time. Depending on the facts of the case, you could seek damages via a workers’ compensation claim and a third-party lawsuit.
Knowing what to do next in your case can prove confusing, but it doesn’t have to be, especially with our fatal workplace injury attorney in Long Island on your side. While you grieve the loss of your loved one, Shulman & Hill can review your case, go over your options for compensation, and fight for that compensation. Get in touch with us today at 516.613.3196 to find out more in a free consultation.
How a Long Island Fatal Workplace Injury Attorney From Our Firm Can Help You
Shulman & Hill has secured over $250 million in settlements and verdicts, which is one reason why we are a premier personal injury law firm in New York. Your case matters, and we intend to take care of all aspects of it, no matter how difficult it seems.
When you hire our Long Island workplace injury lawyers, we can:
- Explain applicable laws
- Review evidence that points to the cause of your loved one’s fatal workplace accident and how it affected you and your family
- Handle related communication
- File your lawsuit
- Help you submit a workers’ comp claim
- Represent you during legal proceedings
- Settle your case in negotiations or take your case to trial
Reading this list of services may make you wonder whether you can afford a wrongful death attorney on our team. However, at Shulman & Hill, we take fatal workplace injury cases on a contingency fee basis. We don’t ask for any upfront or out-of-pocket costs because our fees come out of the settlement or court award we obtain for you at the end of your case.
Workplace Injury Case Results Our Firm Has Achieved
There’s no set outcome for workplace injury cases, but we have secured such results as:
- $2 million for a construction worker who suffered severe injuries after falling from a defective ladder
- $1.6 million for a bus driver who was injured after he slipped and fell on ice in the bus parking lot
- $1.1 million for an Uber driver who suffered a neck and left shoulder injury after getting rear-ended by a commercial vehicle
Our Long Island, NY fatal workplace injury lawyer can go after the compensation you need after losing a family member to a workplace injury. We will review the unique facts of your case and then discuss what forms of compensation could be available to you.
Going After Compensation or Benefits After a Fatal Workplace Injury in Long Island
The damages you can seek depend on the type of case you’re filing.
If your loved one’s workplace injury occurred because of the employer’s negligence, you and your family could receive survivor benefits. According to the New York State Workers’ Compensation Board (WCB), it may cover:
- Two-thirds of the decedent’s average income prior to the fatal accident
- Funeral or memorial expenses up to $12,500
A surviving spouse or child must file a death claim to recover these benefits.
You generally cannot sue your late loved one’s employer for wrongful death. However, if a third party—like a contractor or a private citizen—caused their death, you may be able to file a wrongful death lawsuit against them and seek compensation for:
- Medical bills related to the injury that caused your loved one’s passing
- Conscious pain and suffering
- Lost financial support or inheritance
- Loss of parental care and guidance
A personal representative of the decedent’s estate usually files a wrongful death lawsuit on behalf of the surviving family members. In most cases, they generally have two years to file, per EPT § 5-4.1. Waiting beyond this time frame could prompt a court to refuse to hear the case.
Common Defenses in a Long Island Workplace Injury Case
Even when the evidence shows that the injury your loved one sustained caused their death, the insurance company may resist paying out your fair due. They could claim that:
- Your loved one didn’t seek medical attention quickly enough.
- Your loved one’s pre-existing condition or something else caused their fatal injury.
- They acted carelessly, so they caused the fatal accident.
We understand that these claims may be upsetting to you. However, we can use evidence to counter their claims and prove the other party’s negligence. This documentation could include witness statements, the incident or accident report, available video footage, photos, and related medical records.
What Constitutes a Fatal Workplace Injury in New York?
A fatal workplace injury occurs when an employee suffers a fatal injury while they’re on the clock during working hours. Examples include:
- Hit by a falling object
- Head-on collision
- Slip and fall with head trauma
- Exposure to dangerous chemicals
According to the Occupational Safety and Health Administration (OSHA), 5,333 employees lost their lives to workplace injuries in 2019. Some of the most common causes involved:
- Falls from high elevation
- Lack of eye and facial protection
- Lack of respiratory protection
- Lack of hazard communication
- Lack of control of toxic chemical
- Powered industrial trucks
New York workers, especially those in construction, face similar hazards. In New York City, 13 construction workers in private injury lost their lives in work-related accidents, according to 2020 data. (United States Bureau of Labor Statistics) Long Island construction workers may face many of the same hazards.
Common Fatal Workplace Injuries
Sadly, many workplace injuries can take victims’ lives. These catastrophic injuries may include:
- Chest trauma
- Abdominal injuries
- Broken or fractured bones
- Traumatic brain injuries (TBI)
- Toxic inhalation
If your loved one suffered an injury that we haven’t mentioned here, we still want to hear from you and see how we can serve you and your family.
Partner With Our Fatal Workplace Injury Lawyer on Long Island Today
After you lose your loved one, focus on spending time with your family and mourning your loved one—not managing a legal case. That’s our job here at Shulman & Hill. Our fatal workplace injury attorneys on Long Island are ready to pursue the compensation you’re entitled to receive after going through this tragedy.
Call us at 516.613.3196 for a free consultation.
WE WORK WITH YOU
TO GET YOU COMPENSATED
Everyday working people often struggle to afford top-tier legal representation. To ensure equal access to justice, we work on a contingency-fee basis. You pay no attorneys’ fees unless we achieve a settlement or verdict in your case.
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