The moment you realize you’ve suffered an injury at work can be terrifying, especially if you think you might have played a role in the accident. Your mind races with questions about medical bills, lost wages and your job security.
These worries might make you think twice about seeking help. Many workers mistakenly believe they can’t pursue compensation if they’re partly at fault. However, New York law often allows you to seek damages even in these situations. This guide will help you understand your rights and options after a workplace accident where you might share some responsibility.
Understanding comparative negligence
New York’s comparative negligence rule can significantly impact your case. Understanding the key aspects of this law is crucial for anyone considering a workplace injury claim. Here are the main points to keep in mind:
- Pure comparative negligence: You can seek damages regardless of your fault percentage.
- Fault assessment: Your compensation might decrease based on your assigned fault.
- Damage calculation: If you’re 30% at fault, you could still recover 70% of your damages.
- Case evaluation: Each situation is unique, so professional legal advice is crucial.
Grasping this concept empowers you to make informed choices about your case. Don’t automatically assume you’re out of options just because you think you share some blame.
Protecting your rights after an accident
Taking the right steps immediately after your accident can make a significant difference in your case. To protect your rights and strengthen your claim, follow these important actions:
- Report promptly: Tell your supervisor about the incident immediately.
- Prioritize health: Seek medical care, even for seemingly minor injuries.
- Gather evidence: Photograph the scene, collect witness information, and track all expenses.
- Watch your words: Avoid discussing fault or making apologetic statements.
- Seek legal guidance: Consult an experienced workplace accident attorney to explore your options.
These steps can help create a solid foundation for your case. Furthermore, a skilled lawyer can guide you through the complexities of comparative negligence.
Workplace accidents involving shared fault often seem daunting, but you have more options than you might think. Don’t let fear or uncertainty stop you from seeking the compensation you deserve. Reach out to a knowledgeable attorney who can guide you through this challenging time and protect your interests.