Proner & Proner worked hard to get a multimillion-dollar settlement for a New York resident who was injured on the job.
The consequences of a personal injury accident are not always immediate, especially if the injuries are related to the brain. Neurological damage can sometimes appear months after the accident, but establishing the relationship between the incident and any delayed symptoms can be essential when fighting for compensation.
This was the case for a client for whom we won a $2 million settlement a couple of weeks ago.
Our client, a 45-year-old man who immigrated from Mexico to the United States when he was just 15 years old, worked for a cargo transportation services company in New York. He was making a delivery at the Empire State Building, the most iconic building in Manhattan, when he slipped in a puddle, fell, and hit his head.
At that time, the worker was transferred to a New York City hospital, where his injuries were examined, but being that he did not present any symptoms at the time, he was discharged.
Nine months later, our client suffered an aneurysm that caused him to have trouble walking; that’s when he enlisted the help of our New York slip and fall attorneys.
Thanks to a video from a security camera in which you can see the wake left by the tires of the cart that our client was dragging, and which proves that the floor was wet at the time of the fall, our lawyers were able to demonstrate that the building had a dangerous condition that its visitors should have been warned about.
In addition, our medical experts were able to establish that the contusion from the accident was the cause of our client’s aneurysm.
Two Types of Claims: Workers Compensation and Third Party Liability Claim
In this personal injury case, as with many construction accidents, our client could bring two types of claims: a workers’ compensation (because the accident occurred during his workday) and a personal injury claim against a third party (because it was the fault of the Empire State Building, which had to guarantee the safety of its visitors).
The difference between a workers’ compensation lawsuit and a personal injury lawsuit is the type of compensation that can be obtained.
Workers’ compensation is a right of all New York workers who are injured or become ill because of their job. It does not matter the immigration status of the worker, nor who was at fault: the right is for everyone and is covered by insurance that employers must purchase.
In NY State, this insurance covers all medical expenses related to the work injury and two-thirds of lost earnings during recovery time.
In exchange for this insurance, workers forgo suing their bosses, which is why workplace accidents typically lead to a workers’ compensation claim rather than a lawsuit.
However, lawsuits can occur when there is a third party involved in the accident, as we have already explained in this case.
Unlike in a workers’ compensation lawsuit, other types of compensation are available in a personal injury lawsuit, such as compensation for the victim’s pain and suffering. If the employer has good insurance and the victim’s injuries are serious, the final amount the victim receives could be in the millions of dollars.
Get a Free Consultation with Our New York Personal Injury Lawyers
We helped our New York personal injury client with both types of claims: the workers’ compensation claim, which is still open, and the lawsuit against the building, which closed with a multimillion-dollar settlement. We could help you too!
Proner & Proner is a personal injury law firm with more than six decades of experience litigating auto accidents, work accidents, construction accidents, motorcycle accidents, slip and fall cases, as well as several other types of New York personal injury cases.
Call us 24/7 at 1-800-321-1234 and our personal injury attorneys will tell you bluntly whether or not you have a million-dollar claim. You can also fill out the form on our contact page or use the live chat feature you’ll find on every page of the site. We look forward to seeing how we can help you with your case.