Just north of New Hyde Park, the office parks along Marcus Avenue in Lake Success hold hospitals’ administrative offices, medical practices and corporate headquarters. South of it, Jericho Turnpike is lined with auto shops, restaurants, supermarkets and contractors’ yards. Around the village, crews are always renovating houses, building additions and working on commercial projects. New Hyde Park residents work in all of these places, and every kind of workplace produces its own injuries.
When you get hurt on the job, the legal path is not obvious. Workers’ compensation is part of it, but often not all of it. Whether you can bring a lawsuit, and against whom, depends on a few key questions. As a workplace accident lawyer in New Hyde Park, we have turned those questions into a simple decision tree. Follow it from the top, and you will have a good sense of what claims you may have.
Question 1: Were you hurt while doing your job?
If yes, workers’ compensation likely applies. New York’s workers’ compensation system pays medical treatment and a portion of lost wages for employees injured on the job, regardless of fault. You generally must notify your employer in writing within 30 days of the accident and file a claim with the Workers’ Compensation Board within two years. Continue to Question 2.
If you were commuting, injuries during an ordinary commute are generally not covered by workers’ compensation, though there are exceptions, such as traveling for work or using a company vehicle. If a car crash happened on the commute, no-fault and a potential claim against the at-fault driver apply.
Question 2: Are you an employee or an independent contractor?
Workers’ compensation covers employees. Independent contractors usually are not covered by the hiring company’s workers’ compensation, although they may have claims against negligent parties. Many workers are labeled “independent contractors” when the law would treat them as employees, based on factors like who controls the work, who supplies the tools, and how they are paid. If you are unsure, do not assume you are not covered. Continue to Question 3.
Question 3: Did someone other than your employer contribute to your injury?
This is the question that matters most for full compensation. In most cases, workers’ compensation is the “exclusive remedy” against your own employer, meaning you cannot sue your employer for negligence (with limited exceptions, such as certain “grave injuries” under Workers’ Compensation Law Section 11). But you can bring a third-party claim against anyone else whose negligence contributed. Examples include:
- A property owner who failed to fix a dangerous condition at the site.
- A general contractor or another subcontractor on a construction project.
- A driver who hit you while you were working, such as a delivery driver or salesperson on the road.
- A manufacturer of defective machinery, tools or safety equipment.
- A building owner or manager where you were working as a cleaner, security guard or technician.
A third-party claim can recover what workers’ compensation does not: pain and suffering, full lost wages and future earning capacity. The workers’ compensation carrier will generally have a lien on the third-party recovery for benefits it paid, which your lawyer negotiates.
Question 4: Were you working on a construction, demolition or renovation project?
If yes, New York’s Labor Law may give you some of the strongest protections in the country:
- Labor Law Section 240(1), the “Scaffold Law,” imposes strict liability on owners and contractors for elevation-related injuries, such as falls from ladders, scaffolds or roofs, and being struck by falling objects that were not properly secured, when proper safety devices were not provided. Comparative negligence of the worker is generally not a defense under Section 240(1).
- Labor Law Section 241(6) requires owners and contractors to comply with specific Industrial Code safety rules. A violation of a specific rule that causes injury can create liability.
- Labor Law Section 200 codifies the general duty to provide a safe workplace.
There is an important exception: owners of one- and two-family dwellings who do not direct or control the work are generally exempt from Sections 240(1) and 241(6). That matters in New Hyde Park, where much of the work is on single-family homes. The general contractor, however, may still be liable.
Question 5: Was a vehicle involved?
If you were hurt in a motor vehicle crash while working, no-fault and workers’ compensation can overlap. Generally, workers’ compensation pays first for employees. You may also have a claim against the at-fault driver if your injury meets New York’s serious injury threshold. Coordination between the systems matters, so get advice early.
Question 6: Did the injury cause death?
Families of workers killed on the job may receive workers’ compensation death benefits and may bring wrongful death claims against negligent third parties, generally within two years.
The Decision Tree in One Glance
| Situation | Likely claims |
|---|---|
| Employee hurt by employer’s equipment, no outside party | Workers’ compensation |
| Employee hurt by a defective machine | Workers’ compensation + product liability |
| Construction worker falls from a ladder | Workers’ compensation + Labor Law 240(1) against owner/GC |
| Worker hit by a car while working | Workers’ compensation + claim against driver |
| Worker hurt on another company’s premises | Workers’ compensation + premises liability |
| Independent contractor hurt by someone’s negligence | Negligence claim against responsible party |
Common Workplace Injuries in the New Hyde Park Area
- Falls from ladders and roofs during home renovations.
- Back injuries from lifting in warehouses and supermarkets.
- Hand injuries from machinery in auto shops and kitchens.
- Slip-and-falls in restaurants and hospitals.
- Injuries to delivery drivers in traffic on Jericho Turnpike and Hillside Avenue.
- Repetitive stress injuries in office and healthcare settings.
What To Do After a Workplace Injury
- Get medical care. Tell the provider the injury happened at work.
- Report the injury to your employer in writing within 30 days.
- Document the scene. Photograph the ladder, the spill, the machine or the site.
- Get witness names.
- Keep records of medical visits, missed work and expenses.
- Talk to a lawyer about third-party claims, which workers’ compensation insurers will not tell you about.
For official information about workers’ compensation claims, visit the New York State Workers’ Compensation Board. For workplace safety standards, see OSHA.
Retaliation Is Illegal
New York’s Workers’ Compensation Law Section 120 prohibits employers from firing or discriminating against employees for filing a workers’ compensation claim. If you face retaliation, document it and seek advice.
How Mushiyev Law Helps Injured Workers
We focus on the third-party and Labor Law claims that can provide full compensation beyond workers’ compensation, and we coordinate with your workers’ compensation case. Our Rosedale office is a short drive from New Hyde Park. There is no attorney fee unless we recover money for you in your injury case. Visit our home page or contact us.
Directions From New Hyde Park to Our Rosedale Office
Mushiyev Law is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, beside the Cross Island Parkway and the Belt Parkway interchange.
From Marcus Avenue in Lake Success, take Lakeville Road south to the Grand Central Parkway east and the Cross Island Parkway south to Rosedale. The drive is typically 20 minutes.
Healthcare Workers: A Large New Hyde Park Workforce
With Long Island Jewish Medical Center, Cohen Children’s Medical Center and the many medical offices along Lakeville Road and Marcus Avenue, a large share of New Hyde Park residents work in healthcare. Nurses, aides, technicians, transporters and environmental services staff face real workplace hazards: back injuries from lifting and repositioning patients, slips on wet hospital floors, needlestick injuries, workplace violence, and repetitive strain. Most of these injuries are handled through workers’ compensation, which pays medical treatment and a portion of lost wages.
Third-party claims can still arise in healthcare settings. A nurse hurt when a defective hospital bed collapses may have a product liability claim against the manufacturer. A home health aide injured on a patient’s broken stairs may have a premises claim against the homeowner’s insurance. A transporter struck by a vehicle in a hospital garage may have a claim against the driver. These claims are easy to overlook because the workers’ compensation process feels like the whole story.
Restaurant, Retail and Warehouse Workers
Jericho Turnpike’s restaurants, supermarkets and big-box stores, and the warehouses nearby, employ thousands of New Hyde Park residents. Kitchen burns and cuts, slips on greasy floors, falls from step stools, forklift accidents and lifting injuries are common. If a forklift operated by another company’s employee strikes you, or a defective pallet jack injures you, a third-party claim may exist alongside workers’ compensation.
How Workers’ Comp and a Lawsuit Work Together
When you have both a workers’ compensation claim and a third-party lawsuit, the two run in parallel. Workers’ compensation pays your medical bills and a portion of lost wages while the lawsuit develops. When the lawsuit resolves, the workers’ compensation carrier generally has a lien for what it paid, but New York law requires it to share in the costs of obtaining the recovery, and the carrier must consent to a third-party settlement in most cases. Future workers’ compensation benefits may be affected by the settlement, through a credit called a “holiday.” Coordinating these pieces carefully protects the net amount you keep.
Independent Contractors and Day Laborers
Many renovation workers in Nassau are paid in cash, hired by the day, or classified as contractors. If you are in that situation and got hurt, do not assume you have no rights. You may be an employee under the law regardless of the label. And whether or not you are, Labor Law Sections 240(1) and 241(6) protect workers on construction sites in many situations, and negligence claims may exist against property owners and other contractors.
Frequently Asked Questions
Can I sue my employer after a workplace accident in New Hyde Park?
Generally no. Workers’ compensation is usually the exclusive remedy against your employer, with limited exceptions. But you can often sue negligent third parties, such as property owners, contractors, drivers or manufacturers.
What is the Scaffold Law?
Labor Law Section 240(1) makes owners and contractors strictly liable for certain elevation-related injuries on construction sites when proper safety devices were not provided.
How long do I have to report a work injury?
Notify your employer in writing within 30 days and file with the Workers’ Compensation Board within two years. Third-party lawsuits generally have a three-year deadline.
Does workers’ comp pay for pain and suffering?
No. Workers’ compensation pays medical care and part of lost wages. Pain and suffering may be recovered through a third-party claim.
Can my employer fire me for filing a workers’ comp claim?
Retaliation for filing a workers’ compensation claim is prohibited under New York law.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.