Workplace Accident
LAWYER
Careful work on the cases that
change people's lives
When an injury affects your health, your work and your family, the details of the case matter. We investigate early, document the full cost of the injury, and handle the insurance companies so you can focus on getting better.
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Workplace Accident Lawyer
Fighting for Your Rights
A workplace accident lawyer represents people who suffer a physical injury on the job, such as a fall from a ladder, a forklift crash, an equipment injury, or a vehicle collision while working. Most injured workers are covered by workers' compensation, which pays medical bills and part of lost wages. Many are also able to bring a separate injury lawsuit against a company other than their employer whose carelessness contributed to the accident. Onal Injury Law handles both, and reviews workplace accident cases from anywhere in the United States. We handle physical injuries from workplace accidents only, not employment disputes such as wrongful termination or unpaid wages.
Key facts at a glance
- In 2024, 5,070 workers died from work injuries in the United States, and private employers reported about 2.5 million recordable injuries and illnesses, according to the U.S. Bureau of Labor Statistics.
- Transportation incidents were the most common cause of fatal work injuries in 2024, followed by falls, slips, and trips.
- In most states, workers' compensation is the only claim an employee can bring against their own employer, but it does not prevent claims against other companies.
- Texas is the only state where most private employers can opt out of workers' compensation. Employees of these "nonsubscribers" can sue their employer for negligence (Tex. Lab. Code § 406.033).
- Railroad workers, seamen, and some dock workers are covered by federal laws (FELA, the Jones Act, and the Longshore Act) instead of state workers' compensation.
How does workers' compensation work?
Workers' compensation is a no-fault insurance system. If you are hurt on the job, you can usually receive benefits without proving anyone was careless, and your employer cannot fire you for filing a claim. Benefits generally cover medical treatment, a portion of lost wages while you cannot work, and payments for permanent impairment. Each state sets its own benefit levels and procedures, and most require you to report the injury to your employer within a short time, often 30 days or less.
The trade-off is that in most states, workers' compensation is the exclusive remedy against your employer. You cannot sue your employer for pain and suffering, even if the employer was careless, except in narrow situations such as intentional harm.
When can you sue someone other than
your employer?
This is where many injured workers leave recovery on the table. Workers' compensation only bars claims against your own employer. If another company or person contributed to the accident, you may be able to bring a third-party lawsuit for the full range of damages, including pain and suffering, which workers' compensation does not pay.
Common third-party defendants include a general contractor or subcontractor on a construction site, a property owner who controlled unsafe conditions, the manufacturer of a defective machine, tool, ladder, or safety device, a driver who hit you while you were working on or near the road, a staffing agency or the company you were placed with, depending on the arrangement, and a company responsible for maintaining equipment or the premises.
The workers' compensation insurer usually has a lien on a third-party recovery for the benefits it paid. Handling the two claims together, and negotiating that lien, often makes a meaningful difference in what the worker keeps.
What special rules apply in
New York and Texas?
A few states have rules that change workplace cases significantly. New York's Labor Law § 240(1), often called the Scaffold Law, makes owners and contractors responsible for gravity-related injuries, such as falls from heights and falling objects, when proper safety devices were not provided. The worker's own carelessness generally does not reduce the recovery under that statute.
Texas allows most private employers to opt out of workers' compensation. If you work for a nonsubscriber, you may be able to sue your employer directly for negligence, and the employer cannot rely on certain defenses, such as arguing that you were partly at fault or that a co-worker caused the accident. Our
Texas personal injury page covers more about injury claims in Texas.
What types of workplace accidents
do you handle?
We handle physical injury cases from accidents including falls from ladders, scaffolds, and roofs, falling objects, forklift and powered industrial truck accidents, warehouse and distribution center injuries, machinery and equipment accidents, including amputations, vehicle crashes while driving for work, delivery and gig work accidents, electrocution and burn injuries, trench and excavation collapses, and toxic exposure injuries. For workers hurt in vehicle crashes on the job, our
truck accident lawyer and
car accident lawyer
pages also apply.
Do federal laws cover some workers instead of
workers' compensation?
Yes. Railroad workers bring injury claims under the Federal Employers' Liability Act (45 U.S.C. § 51), which requires proof of the railroad's negligence but allows full damages. Seamen injured at sea can bring claims under the Jones Act (46 U.S.C. § 30104). Many dock, harbor, and shipyard workers are covered by the Longshore and Harbor Workers' Compensation Act, and federal employees are covered by the Federal Employees' Compensation Act. Identifying which system applies is the first step in these cases.
What should you do after a
workplace injury?
Report the injury to your supervisor in writing as soon as you can and keep a copy. Get medical treatment and tell the provider the injury happened at work. Write down the names of witnesses and take photos of the equipment, location, and conditions if you can safely do so. Keep any defective tool or equipment, or ask in writing that it be preserved. Do not sign a statement prepared by an insurer or employer without understanding it. If the accident was serious, an OSHA inspection may follow, and those findings can be useful in a third-party case.
Workplace accident cases
in other states
Many workers travel for jobs, work on projects across state lines, or are injured while driving for work. Workers' compensation rules can depend on where you were hired, where you usually work, and where the injury happened. We review workplace accident cases from anywhere in the country. When a case has to be filed where we do not have an office, we work with locally admitted counsel in that state. If a workplace accident caused a death, see our
wrongful death lawyer page.
Workplace accident questions
people ask us
Can I sue my employer for a workplace injury?
In most states, no. Workers' compensation is the exclusive remedy against your own employer. The main exceptions are intentional harm and, in Texas, employers that have opted out of workers' compensation. You may still be able to sue a different company that contributed to the accident.
Can I get workers' compensation and also file a lawsuit?
Often yes. You can usually receive workers' compensation benefits from your employer's insurer and also bring a third-party lawsuit against another responsible party. The comp insurer is typically repaid part of what it paid from the lawsuit recovery.
I was hurt while making deliveries as a gig worker. Am I covered?
It depends on whether you are classified as an employee or an independent contractor, and on the state. Gig workers hurt in vehicle crashes may have claims against the at-fault driver and, in some cases, coverage through the platform's insurance. Your app records from the time of the accident are important evidence.
How long do I have to report a work injury?
Many states require notice to your employer within 30 days or less, and the deadline to file a formal workers' compensation claim is separate. A third-party lawsuit has its own deadline under the state's statute of limitations. Report the injury right away to protect all of these.
Can you help if I was hurt at a job in another state?
Yes. We review cases nationwide. When a case must be filed in a state where we do not have an office, we work with locally admitted counsel there so the case is filed in the right court under the right law.
Talk with Onal Injury Law
about your case
Onal Injury Law has offices in Elmwood Park and Cliffside Park, New Jersey, Staten Island, New York, and Sugar Land, Texas. We review injury cases from anywhere in the United States. When a case has to be filed in a state where we do not have an office, we work with locally admitted counsel in that state so the case is filed in the right court and handled under the right law.
The first consultation is free and confidential, and we speak English, Turkish, and Spanish. Injury cases are usually handled on a contingency fee, so there is nothing to pay up front, and we explain the fee agreement and case costs in writing before you sign anything. Call (201) 335-6788 or request a free case review.
FIGHTING FOR JUSTICE IN ALL PERSONAL INJURY
CASES
Personal injury cases are complex and deeply consequential. Each one involves specific facts, medical realities, and long-term implications for the person affected. Our New Jersey personal injury lawyers bring experienced judgment and disciplined preparation to every matter we handle.
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