Buffalo Workplace Injury Lawyer
Assisting Victims of Work-Related Injuries in Western New York
No one should have to fear being injured while on the job, yet work-related accidents happen all the time. While some workers in certain industries, such as construction, may be somewhat more likely to experience a work-related accident, anyone can be injured while working. In most cases, injured New York workers are entitled to workers’ compensation under the state’s workers’ compensation laws. However, there may be instances in which filing a third-party work injury claim, either in place of or in addition to workers’ compensation, could be beneficial.
Common Work-Related Injuries
As previously mentioned, anyone can be injured at work or while carrying out duties that benefit their employers. Depending on a variety of factors—including the nature of the accident, the severity of the injuries, and the type of work you perform—the resulting consequences of a work-related injury can be fairly serious.
Some of the most common workplace injuries and accidents include:
- Slip and falls
- Falls from heights
- Broken bones/fractures
- Traumatic brain injuries
- Back and neck injuries
- Carpal tunnel syndrome
- Repetitive motion injuries
- Toxic exposure
- Spinal cord injuries (sometimes leading to paraplegia/quadriplegia)
Does Negligence Matter in Workplace Injury Cases?
Many workplace accidents are the result of negligence. However, this is not necessarily relevant. If you are pursuing workers’ compensation after a work-related accident, injury, or illness, you do not need to show that anyone was negligent—only that your injury or illness occurred while you were “on the clock” or as a direct result of your work-related duties. As a condition of this no-fault system, you waive your right to sue your employer directly when you seek workers’ compensation benefits.
In contrast, if you wish to pursue a third-party work injury claim, you will likely need to show that the liable person or party was negligent and that this is what led to your injuries. For example, if you were injured by a coworker who was acting carelessly or recklessly, you could have grounds to bring a third-party claim against them. To do so, you will need to prove all of the elements of any standard personal injury claim, that is to say, you will need to prove that they owed you a duty of care, breached this duty of care, and that, because of the breach of the duty of care, you were injured and sustained measurable damages.
If you were injured at work or while carrying out duties covered in the scope of your employment, it is important that you know and protect your rights. At Richmond Vona, LLC, our Buffalo workplace injury lawyers can help you assess your situation and determine the best course of action. We are committed to helping injured workers get back on their feet and recover the fair compensation they are owed.
Call us today at (716) 300-5885 or contact us online to request your free, confidential consultation.
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If you were injured at work, it’s important that you reach out to an experienced attorney who can work quickly to protect your right to a fair recovery. Whether you pursue a third-party work injury claim or seek workers’ compensation benefits, an attorney can guide you through the process and help you explore all possible avenues of compensation.
At Richmond Vona, LLC, our Buffalo work injury lawyers have a proven record of success in even the toughest, most complex of claims. We are prepared to answer your questions and address your concerns at any time throughout the process. Your recovery begins with an initial meeting with our team, during which time we will sit down with you and listen to your story. From there, we can inform you of your legal options and you can determine if we are a good fit for your case.
We invite you to reach out to our lawyers today at (716) 300-5885 for a free consultation.
Should I file for workers’ compensation after a work-related injury?
In most cases, workers’ compensation is the most straightforward and appropriate method of obtaining compensation after a work-related injury in New York. Because it is a no-fault system, you do not need to prove that your employer or another party was negligent in order to recover workers’ compensation benefits. However, if you are not eligible for workers’ compensation, or if your injury is not covered, you may need to file a third-party work injury claim. Contact Richmond Vona, LLC to learn more.
What workers’ compensation benefits am I entitled to receive?
If you are eligible for workers’ compensation, you can recover medical benefits, temporary disability benefits (for either total or partial disability), and, possibly, permanent total or partial disability benefits. Additionally, you may be able to receive benefits for vocational rehabilitation or, if your loved one died due to a work-related injury or illness, death benefits. Each case is different, and the exact benefits you are entitled to receive may differ.
Do I need an attorney after a work-related accident or injury?
You are not required by law to have an attorney to file for either workers’ compensation benefits or a third-party negligence claim. However, both circumstances can be very complicated, with numerous filing requirements and deadlines to meet. Your claim may even be denied. It is strongly recommended that you work with an experienced attorney in order to protect your rights and better your chances of securing a favorable outcome for your work-related injury case or workers’ compensation claim.
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