New York state law requires virtually every employer to provide workers’ compensation insurance coverage for all their employees. However, even successful workers’ comp claims will only compensate you for certain losses stemming from work-related injury or illness. Fortunately, if you can prove that a third party other than your employer contributed to causing you harm through negligent conduct, you may have grounds to pursue additional compensation through a civil lawsuit or settlement demand.
Knowing that someone else is responsible for hurting you on the job and holding them legally liable for their actions are two different things. Trying to pursue a claim without a seasoned personal injury attorney’s representation is not advised. Once hired, a Williamsville workplace injury lawyer can be a key resource throughout this process, helping you collect comprehensive evidence of fault and demand fair restitution for all your losses.
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When Is a Third-Party Workplace Injury Claim Possible?
The main difference between a workers’ comp claim and a workplace injury case is how liability for the claimant’s damages is determined. An employer who maintains workers’ comp coverage automatically assumes liability for medical bills, a portion of wage loss, and certain other losses stemming from any work-related injury or illness one of their employees suffers.
Conversely, a workplace injury claim works essentially like any other personal injury case in that there is no assumption of liability on anyone’s part. Instead, the person filing the claim generally must establish that the person or entity they are suing was legally negligent. This means they directly caused the claimant to get hurt by recklessly violating a duty of care they owed that individual.
Sometimes, it may be possible to pursue this type of claim based on the strict liability theory. This could be the case if any injury comes from an unreasonably dangerous and defective product or piece of equipment sold by a third-party manufacturer. A Williamsville workplace injury attorney can offer vital help in identifying potentially liable parties and taking appropriate legal action against each of them.
Recovering for Workplace Injury Damages
Whether it is built around negligence or strict liability, a successful lawsuit or settlement demand over a work-related injury or illness can seek restitution for all economic and non-economic losses the injured party will experience. This could include both past and future damages, such as:
All medical expenses, including costs of physical therapy and assistive equipment
Lost work income or lost earning ability
Personal property damage
Loss of enjoyment of life
Physical pain and discomfort
Psychological trauma and stress
Lost consortium
A meticulous workplace accident attorney in Williamsville can carefully analyze the details of an event to understand the ways it has impacted an injured individual’s life. They can use this knowledge to craft a settlement demand that adequately reflects their needs and properly compensates them for the full extent of their damages.
Get in Touch with a Williamsville Workplace Injury Attorney
Accidents on the job can devastate your finances, physical health, and future professional prospects. Getting compensated fairly for losses like these can be key to protecting your best interests.
If you sustained injuries because of a third party’s carelessness, a Williamsville workplace injury lawyer can help you pursue the best possible resolution to your unique situation. CallRichmond Vona, LLC today to schedule a free consultation.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
