Personal Injury Law (Accidents/Slip & Fall)/Work injury / personal injury.

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Question
Hi Carol,

Good morning, few months back I hurt my neck while working in the store room.
At that point I was doing manual lifting work of carry valve of 30kgs per pc.(No lifting vest provided)...At that point pain incur and last only few mins, but after few months down the road the pain appear again and last longer, so I go and see a specialist, and is confirm of wear and tear on my C5/6 base on my MRI report.

I am trying to claim so compensation from my company workmen compensation, but seem like my claim will be rejected.
In my case can I sue under personal injury?
I have been with the company for 6 years.

Answer
Derek,

I am sorry to hear about your injury and the problems it is causing you.

Because you were hurt on the job in New York, you are covered by Workers' Compensation. It is not clear form your description if you ever filed for Workers' Compensation. If not, you should do so now. According to your email, your injury sounds to be the result of repetitive stress and so you should file now for coverage.

The Workers' Compensation Law bars you from suing your employer. There are important exceptions to the restriction on suing for additional compensation, but I do not think they apply in your case. You may be entitled to additional compensation if you fit any of the following categories:

-You are a uniformed employee or teacher in New York City or other municipality who is exempt from Workers’ Compensation by contract.
-Your injury occurs while working on a ladder, a scaffold or at any elevation. (You can read more about this exception here.) -Your injury results from an object falling on you from a ladder, scaffold or construction site. (You can read more about this exception here.) -Your injury occurs due to a defective product.
-Your injury occurs due to the negligence of someone or some entity other than your employer. This category would include injuries resulting from a motor vehicle accident with a driver not employed by your employer or an injury resulting from the negligence of a property owner when you are working off-site.
-Your injury occurred due to gross negligence of your employer or fellow employee.
-The Gross Negligence Exception to Workers’ Compensation. This is all but impossible to prove and would not apply in your case.

If you have been hurt on the job, make sure that you receive your benefits from Workers’ Compensation. If you are denied benefits, you should consult an attorney who specializes in Workers' Compensation.

I hope this information helps and that you are able to make a full recovery.  

Personal Injury Law (Accidents/Slip & Fall)

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Carol L. Schlitt

Expertise

I am a New York personal injury attorney with over 20 years experience handling car accident and motor vehicle cases, slip and fill cases, medical malpractice, premises liability, pedestrian and bicycle accidents and personal injury cases. I have been named Municipal Attorney of the Year in New York City and had my cases listed among Top Ten Verdicts in New York. I publish the leading legal blog, New York Law Thoughts. I am active in the New York Trial Lawyers Association, and the Bar Associations of the Bronx, Brooklyn and Suffolk.

Experience

I am a New York personal injury attorney with over 20 years experience. I previously served as Associate Corporation Counsel in the New York City Law Department and was named New York Municipal Attorney of the Year. I served as Lead Trial Counsel for Manhattan Law firm of Acito and Klein. I have led my solo law practice for over ten years focused on personal injury and medical malpractice awards. My cases have been listed among the Top Trial Verdicts. I publish the leading legal blog, New York Law Thoughts. I am active in the New York Trial Lawyers Association and the Bar Associations of the Bronx, Brooklyn and Suffolk and I serve as a judge in the national collegiate moot court competition. I am admitted to practice in New York and the Federal District Courts, Eastern and Southern Districts.

Organizations
• American Trial Lawyers Association • New York State Bar Association • New York State Trial Lawyers Association • Bronx Bar Association • Brooklyn Bar Association • Suffolk County Bar Association • Holy Cross Alumni Lawyer’s Guild • St. John's University Alumni Association • National Association for Female Executives

Publications
My writings have appeared in Newsday, The Long Islander, the Times of Huntington and the legal blog, New York Law Thoughts.

Education/Credentials
I received my undergraduate degree from the College of the Holy Cross in Worcester, Massachusetts and graduated from St. John’s University Law School. I have taken graduate courses at New York University.

Awards and Honors
• Named Municipal Attorney of the Year • Cases listed among the Top Ten Verdicts in New York State • My blog, New York Law Thoughts, has been listed as one of the leading U.S. Law Blogs

Past/Present Clients
I have had hundreds of clients over my 20 plus years as an attorney. All of my current clients are individuals living in the New York metropolitan area (Brooklyn, The Bronx, Manhattan, Queens, Nassau, Suffolk and Westchester). I can provide references upon request.

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