BRONX TUNNEL WORKER INJURIES LAWYER

Not all tunnel worker injuries occur due to an unavoidable event such as a tunnel collapse. Most accidents and injuries are preventable. Accidents can be caused by:

• Lack of safety equipment
• Defective or poorly maintained machinery
• Inadequate safety training
• Failure to supervise 

Employers Must Adhere to Safety Laws and Regulations

Tunnel work can be dangerous and deadly. Employers must follow the Occupational Safety and Health Administration (OSHA) standard to keep workers safe from harm. Examples of OSHA regulations include:

Check-in/check-out procedures: Employers must maintain check-in and check-out procedures to ensure that employees are accounted for at all times and that no unauthorized person has access to the site. 

Fire prevention and control: OSHA standards mandate specific fire control measures for underground work. Examples include:

• Banning open fires and flames in tunnels
• Storing combustible material well away from tunnel entrances
• Checking the air regularly for flammable gases 

Air ventilation requirements: Tunnels must have a fresh air supply sufficient to avoid a dangerous build-up of gasses and toxins. Employers must provide mechanical ventilation in the work area if there is no natural airflow.  

Emergency procedures: Employers must have detailed emergency plans for potential accidents such as tunnel collapse, fire, equipment failure, and others. In addition, workers should receive comprehensive training in emergency procedures. 

There are numerous additional safety regulations employers must adhere to. When construction companies, contractors, and site supervisors ignore safety standards and fail to protect their employees from hazards, they could be liable for workers’ injuries and damages. In addition to filing a workers’ comp claim, injured workers may be able to sue and recover compensation. 

Morgan & Morgan could be here for you if you got hurt in a tunnel accident. You do not have to figure out a complex workers’ compensation claim or lawsuit on your own. Our Bronx tunnel worker injuries lawyers can fight for the best possible outcome of your case. 

You can generally claim workers’ compensation benefits if you are injured in a work accident or suffer from a work-related condition. In addition, some injured tunnel workers could file a personal injury lawsuit and hold a grossly negligent employer or third-party accountable. 

Workers’ Compensation Claim

The New York State workers’ comp program provides the following benefits to injured tunnel workers: 

Lost Wages

Injured Bronx tunnel workers can receive up to two-thirds of their average weekly wage in income replacement benefits. You could be entitled to additional cash payments if you are permanently disabled or experience loss of function due to a work accident.

Medical Expenses
 
Workers’ comp generally pays for all your medical expenses connected to your work accident and injury. Medical expenses include hospital stays, surgeries, in-home health care, medical devices, and others. Workers’ comp may also pay for home and vehicle modifications if you suffer a permanent impairment due to a work injury. 

Vocational Benefits

Seriously injured tunnel workers may have to look for alternative work after recovery. The New York State workers’ compensation program offers specific benefits for those searching for a job or looking to retrain in another profession.

Death Benefits

If a tunnel worker passes away from work injuries, the surviving family members could qualify for death benefits such as funeral costs and weekly cash payments for dependents. 

Morgan & Morgan Can Help

Workers’ compensation claims can be tricky, and success is not guaranteed. Every year, injured workers have valid claims denied due to late filing, lack of medical evidence, and other reasons. Do not let this happen to you. Our attorneys could help, whether you have a complicated claim or your workers’ comp claim was already denied. We can navigate the appeals process for you and stand up for your rights to adequate benefits and compensation. 

Suing the Responsible Party

In some cases, tunnel accidents occur due to the carelessness of a third party at the work site. Third parties can include:

• A subcontractor
• The manufacturer of defective machinery
• A co-worker
• The property owner
• Equipment operators

If you came to harm due to the negligent conduct of a third party, you could file a personal injury case and recover damages. In rare cases, tunnel workers could file a suit against their employer. Specifically, you could have legal recourse against an uninsured or grossly negligent employer.

Compensation in Personal Injury Lawsuits

Filing a personal lawsuit could qualify you for additional compensation even if you receive workers’ compensation benefits. If someone else negligently caused your injury, and you win the case, you could receive the following damages and others:

• All current and future medical costs
• Wage loss and future expected loss of income 
• Out-of-pocket expenses related to the accident and injury
• Pain and suffering
• Loss of a limb 
• Scarring and disfigurement
• Reduced life enjoyment

Non-economic damages, such as pain and suffering, are not available with workers’ compensation claims. However, if you have suffered significant or life-changing injuries at work, your non-economic damages could be considerable. Therefore, consider contacting an attorney who can determine whether you could file a personal injury lawsuit. Suing the responsible party could help you recover your claim’s true value, which could significantly exceed workers’ compensation benefits.

Employers pay money into workers’ comp insurance to protect themselves from employee lawsuits. Workers’ compensation is a no-fault system, meaning even if you are at fault for your accident, you are generally entitled to benefits. Consequently, employees receiving workers’ compensation benefits usually cannot sue their employer. However, there are some rare situations in which an employee could sue an employer, such as:

• The employer has insufficient or non-existing workers’ comp coverage.
• The injuries result from an intentional act, such as the employer willfully putting the worker into harm’s way without safety equipment.

As discussed previously, workers could also be entitled to file lawsuits against negligent third parties.

Workers’ compensation recovery is generally limited. In most cases, wage replacement benefits do not cover all lost wages. Moreover, non-economic damages such as pain and suffering are not available in workers’ comp claims. If you believe you have a case against your employer or a third party, seek legal advice as soon as possible, as the time to file a lawsuit could be limited.

If you got injured at work, consider taking the following essential steps to protect your health and rights: 

• Seek medical advice immediately
• Inform your employer or supervisor of your accident and injury
• File a workers’ compensation claim
• Contact a Bronx tunnel work injuries lawyer as soon as possible

If you suffered a significant work injury, getting legal advice and help can be critical for recovering the settlement you need to rebuild your life and provide for your family. A tenacious attorney from Morgan & Morgan can walk you through your options and rights and help you recover benefits and compensation. 

Dealing with a workers’ compensation claim on your own can be frustrating and time-consuming, especially if you received a denial notice. What should be an easy process can get extremely complicated when you have to appeal and the insurer or employer is not playing nice. They might even claim that your injury did not happen at work, denying you the benefits you so desperately need to provide for yourself and your family.

Morgan & Morgan understands the issues injured tunnel workers and their families face. We see every day how severe injuries impact workers’ physical, emotional, and financial well-being. The good news is that you don’t have to fight alone. If you are hurt on the job, we can have your back and fight for what you truly deserve. Morgan & Morgan has helped countless workers receive the benefits and compensation needed to rebuild their lives.

When we take your case, you pay nothing out of your own pocket. We only get paid if and when we recover compensation for you. Contact us now to determine your next best steps in a free consultation.