QUESTION

My husband was injured on the job two days ago. It was the fault of equipment that the company had received reports that a repair was needed.

Asked on Mar 03rd, 2017 on Labor and Employment - New York
More details to this question:
He is experiencing severe pain in his back. What should he do now from a legal standpoint? I've had to take work off yo help with our three children while he is in the hospital.
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2 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
Call an attorney to see if you have a Workman's Compensation claim.  This is contingency work, so it should cost you nothing to inquire.
Answered on Mar 03rd, 2017 at 4:37 PM

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Civil Rights Law Attorney serving Rockville Centre, NY
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It sounds like your husband has a good worker's compensation claim. He needs to file a C3 form with the NY Worker's compensation board, as well as the C-3.3 for release of health information. If he retains a lawyer, the lawyer will handle all of this. He's entitled to have all injury-related healthcare covered, as well as 2/3 of his salary, and treatment-related transportation expenses.  However, he's also still entitled to file a personal injury lawsuit, which can lead to much more significant compensation. If defective equipment was involved, there may be a products liability claim against the manufacturer as well. but it is likely that his employer will bring that party into any lawsuit.  Keep in mind that the statute of limitations for commencing a worker's compensation lawsuit is two years from the date of your last worker's compensation payment, or the injury, if there have been no payments.  
Answered on Mar 03rd, 2017 at 9:57 AM

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