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Comp covers you regardless of fault — and it is often not the only claim you have.
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Notice to your employer should be given within 30 days, and the claim (form C-3) filed with the Workers' Compensation Board within two years. Retaliation for filing is illegal under Workers' Compensation Law § 120.
If someone other than your employer contributed to the accident — the owner or general contractor of a site, a subcontractor from another trade, the driver who hit your work van, the manufacturer of the machine that injured you — that is a separate lawsuit for pain and suffering, which comp does not pay at all. The comp carrier will have a lien on that recovery, and negotiating the lien down is a substantial part of the value of a well-handled case. Several of this firm's published recoveries arose from workplace injuries handled this way, including $2,800,000 for a truck driver injured loading a truck and $150,000 for a warehouse worker struck by a hi-low.
Covered regardless of fault, once the claim is properly filed.
Insurers dispute causation and prior conditions routinely; hearings before a law judge follow.
Against anyone other than your employer — the source of pain-and-suffering compensation.
Comp plus a Labor Law 240/241 case. See our construction accident page.
A separate award for permanent loss of use of a limb, hand, foot, eye or ear.
How much of the third-party recovery you keep depends on how the lien is handled.
Verdicts and settlements
$7,500,000
Verdict for wrongful death, against landlord, caused by fire that spread through apartment that was without smoke detectors.
$2,800,000
For a truck driver who twisted his back loading a truck causing lumbar herniated disc which required surgery.
$150,000
Verdict obtained in favor of a warehouse worker who was struck by a hi-low vehicle. Case was appealed by defendant twice, both being unsuccessful, including a verdict which was overturned by the trial judge being reinstated by the Appellate Division.
Prior results do not guarantee a similar outcome. Every case is different, and the result in any case depends on its own facts.
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No complaints at all. Everything went according to what they said and I’m thankful for their representation.
If there was more than 5 stars Seth Fields and his associates would get them all. Mr. FIelds went to trial with a jury in Suffolk Cty Riverhead Supreme Ct & won w/ a verdict in minutes for 100% Liability. The defense worked with Mr. FIelds in a settlement before the damages trial began. I would stop here searching any further & contact Seth Fields if you want a Smart, Attainable for your questions, concerns, Empathetic to your needs but a Bull Dog with your case, then you found your attorney.I can’t thank you enough for all your long hours, weekends, holidays that you put into 7 yrs of all my medical, motions, hearings & trial etc. WE WON! You did it and obtained a large settlement that I couldn’t be more happy after this long tough journey. I would refer everyone to you that has a case that needs fighting for. 🙏
The most amazing, professional and knowledgeable with great communicators with injury law, and I highly recommend that there is no reason for second and third opinions on procuring a law firm with their experience and know how. They are second to none. My time was precious, and they respected every minute of it. Thank you!
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Where we handle these cases
The roads, the courthouse and the deadline change with the county. Each page covers how these cases work where you were hurt.
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