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New York Subway Accident Brain Injury

In New York, subway accidents are a common occurrence. It is reported that over 4 million people use the subway every day. Passengers as well as subway workers can be a victim of a subway accident. An injury received from one of these subway accidents can be serious.

Subway accidents often are due to:

  • Derailments
  • Rollovers
  • Injuries due to stopping short
  • Assault of a passenger

Injuries also commonly occur by getting caught in doors, slips, trips and falls. Normally, high safety standards prevent accidents, but unfortunately subway accidents are on the rise. It was reported that 50 deaths were reported in 2012.

The subway accident can cause a variety of injury from a brain contusion to a more serious brain injury, which may cause permanent brain damage. A serious brain injury can lead to paralysis, permanent physical impairment, loss of motor function and loss of other physical abilities.

It is important to be aware that in New York, the New York Transit Authority has the legal obligation to ensure all subway trains are safe and properly maintained. It is noted as being one of the oldest transit systems in the world, with over 460 stations across 4 different boroughs. It is estimated that they carried 1.75 billion people in 2014.

When an accident occurs on a subway, the NYC transit authority will be held liable for any negligent operation or maintenance that results in an injury.

If it becomes necessary to file a tort claim for injuries sustained in a subway accident, any claim must be filed with the Comptroller for the City of New York, pursuant to Section 50e. This claim must be filed within 90 days of the date of the injury.

According to our research, there are more than 3,000 subway accidents annually. If you are a victim of a subway accident, you can be compensated for your injury and loss. Together, we can fight to hold those responsible for your injury liable and obtain an award to help compensate you for your physical injury and loss. Under the Federal Employers Liability Act, railroad employees, including subway workers, have the legal right to file a lawsuit if they are injured while at work. If you suffered a brain injury while at work at the subway, contact our New York Injury Lawyer team at Stephen Bilkis & Associates, PLLC and discuss the possibility of filing a workers' compensation claim against your employer.

In New York, workers’ compensation was created to compensate employees who are injured on the job. In exchange for benefits however, the employee is unable to sue their employer directly. New York employers are required to obtain this insurance with an insurance carrier that is authorized by the state of New York Workers Compensation Board. Another option is for an employer to be authorized by the Board to be self-insurance individually or through a group. The money paid into this program comes 100% from the employer, no amount of money can come from the employee.

Unfortunately, the process of applying and being accepted for benefits isn’t simple, and it doesn’t happen quickly.

There are various rules and requirements to filing a claim, failure to adhere to any of these requirements can mean a denial of your claim benefits. It is necessary that the employee notify the employer in writing, within 30 days of being injured. Shortly thereafter it is the employer’s responsibility to file a claim with Workers’ Compensation.

If you qualify, you could receive 2/3 of your average weekly salary. Your benefits will be determined by the amount of time that you are unable to work, and the nature of your injuries. Because the process can be complicated, it is highly recommended that the injured party seek legal guidance to ensure they receive the benefits they deserve.

Although legislation has been enacted to help make the train profession safer, the work continues to be dangerous due to inadequate safety standards, slip and fall incidents, poor subway maintenance and lack of training or defective equipment. These factors, alone or combined, can present a hazardous situation and lead to serious personal injury. If you are suffering from a brain injury or other injury caused while riding the subway, the subway can be held responsible for your injury.

Contact our experienced group of New York Subway Accident Lawyers at Stephen Bilkis & Associates, PLLC at 800.696.9529 to set up a free consultation to go over your legal options. It is important that you take prompt action. Pursuant to New York CPLR 214, there are strict time limitations within which you must file a claim. Failure to adhere to these deadlines can bar your ability to pursue a case.

You may also reach us online or at any one of our convenient locations in New York in Rockland County and Westchester County, in New York City in Brooklyn, the Bronx, Queens, Manhattan, as well as Staten Island and in Long Island including in Nassau County and Suffolk County.