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Buffalo Workplace Accident Lawyer
Helping injured workers pursue claims against negligent third parties in and around Buffalo
Every year, millions of Americans suffer injuries and contract illnesses at work. While many workplace injuries fall under the workers’ compensation system here in New York, there are some accidents that raise additional legal questions about the liability of negligent third parties.
If another person or business entity contributed to your workplace injury, you may be within your rights to file a claim for compensation against them. This kind of legal action can prove invaluable in terms of providing workers with the funds they need to support their recovery efforts.
Understanding the different kinds of workplace injury claims can help New Yorkers assess their options should they find themselves suffering the effects of a work-related injury. Getting hurt at work can affect nearly every part of your life. Just because workers generally cannot file personal injury lawsuits against their employers in these cases does not necessarily mean your case is a dead end. If you can show that someone else contributed to your injury, our team may be able to help you hold them accountable.
The team at O’Brien & Ford, PC has experience handling third-party liability claims for injured workers across Buffalo. Because of the complex nature of these cases, we conduct our own investigations into our clients’ accidents in order to identify any potential sources of liability. If the facts suggest that someone other than your employer or a coworker caused your injury, we’re prepared to advocate for your rights to the fullest extent of New York law.
Contact us today to learn more about how we handle work-related injury claims. When you call our office, we guarantee that you’ll be connected with one of our attorneys within two minutes so we can begin the process of collaborating on your case.
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More than $100 million recovered in verdicts and settlements for those injured in New York.
How We Can Help
- When can a workplace accident lead to a personal injury claim?
- Workers’ compensation vs. third-party personal injury claims: What’s the difference?
- Third-party workplace accident claims we handle
- What compensation may be available in a personal injury lawsuit?
- Why work with O’Brien & Ford, PC?
- Frequently asked questions about workplace accident claims
When can a workplace accident lead to a personal injury claim?
Not every workplace accident can lead to a personal injury lawsuit. In New York, workers are generally barred from filing personal injury claims against their employers for ordinary negligence related to an on-the-job injury. Instead, many workplace accidents are handled via the workers’ compensation system, which is intended to provide injured parties with compensation for certain economic losses.
There are some cases, however, in which an injured worker may be within their rights to pursue a claim against a third party whose negligence caused or contributed to their accident. For example, if a postal worker is attacked by a negligent pet owner’s dog while delivering mail along their route, the injured worker may be able to pursue a claim against the dog’s owner.
Similarly, if a worker was performing their work duties on a property owned by someone other than their employer, they may be able to pursue a premises liability claim against the property owner if unsafe conditions cause them to become injured in some way.
In negligence-based third-party claims, it generally comes down to whether the alleged at-fault party owed the worker a legal duty of care and caused them identifiable harm by violating that duty. There can be a fair amount of nuance associated with these cases, so it’s very important to conduct a thorough investigation into all of the factors that may have contributed to the injured party’s accident and subsequent losses.
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What Our Clients Say About Us
“I cannot say enough good things about Chris Pannozzo and this law firm! From start to finish, the professionalism, communication, and dedication was exceptional. I always felt supported, comfortable, listened to, and confident that I was in good hands. My case was handled with the utmost care and attention, and I couldn’t be happier with the way everything was resolved. I would highly recommend the firm to anyone.”
“The professionalism I received from the entire staff was great. Christopher Pannozzo, Annat and John worked tirelessly to get me the justice I deserve. Even Patrice the receptionist was professional and always a joy to talk to. Thank you guys for the hard work and taking my case.”
“I highly recommend O'Brien & Ford, P.C. to anyone who has been injured and needs someone they can trust. I’m extremely thankful for everything Anant and his team did for me and for the way I was treated throughout the entire process. They were professional, knowledgeable, and always took the time to explain things clearly and answer my questions. I would highly recommend this law firm.”
Workers’ compensation vs. third-party personal injury claims: What’s the difference?
Workers in New York need to understand the key differences between workers’ compensation claims and personal injury lawsuits. Some workers may not realize that they are not legally permitted to file a lawsuit against their employer or may assume that the workers’ comp system bars them from taking action against a negligent third party.
Here is a brief overview of how workers’ compensation and personal injury lawsuits function under New York law:
Workers’ compensation claims
After a workplace accident, the first avenue most workers pursue is a workers’ compensation claim. Workers generally file these claims with the New York State Workers’ Compensation Board in order to receive benefits through their employer’s coverage. Depending on the nature of the incident, the injured worker may be entitled to compensation for certain medical expenses, a portion of their lost wages and disability-related benefits, when appropriate. Unfortunately, workers’ compensation generally does not cover any non-economic damages like emotional distress or pain and suffering.
Workers’ compensation benefits are a form of no-fault coverage, which means injured employees don’t have to prove that anyone else caused their injury in order to recover compensation. In exchange for this no-fault coverage, however, employees are typically barred from suing their employers or their coworkers for ordinary negligence.
Third-party personal injury lawsuits
Sometimes, workplace accidents can be traced back to the negligence of a third party. When this happens, the injured worker may have the ability to file a claim against that party. In order to file a negligence-based third-party personal injury lawsuit, you must be able to show that the alleged at-fault party proximately caused your harm by violating a legally established duty of care. This might look like a customer injuring a cashier by negligently knocking a heavy item off a shelf or a drunk driver running a red light and striking a construction worker.
If the facts are on your side, you may be able to recover compensation for certain economic losses as well as non-economic losses that would typically not be available through workers’ compensation insurance. In some cases, an injured worker may be able to pursue a workers’ compensation claim in addition to taking action against a negligent third party, but these claims can affect one another so it’s important to speak with an experienced workplace injury attorney if you’re considering filing a lawsuit related to your accident.
Third-party workplace accident claims we handle
Workplace accidents can unfold in many different ways, and our team is prepared to handle a variety of traumatic accident scenarios. As a gentle reminder, you cannot file a personal injury lawsuit against your employer or coworkers for ordinary negligence, but we can support clients who sustained injuries in incidents involving:
Motor vehicle accidents
Delivery drivers, rideshare contractors, public transit employees and other individuals who drive for work can all suffer injuries in on-the-job traffic accidents. If another driver hits you or your car while you are on the job, you may be able to pursue a claim for compensation against them. These claims typically hinge on findings of negligence, so you’ll have to be able to show that the alleged at-fault party’s failure to uphold a legal duty of care was a proximate cause of the accident.
Unsafe property conditions
Some people work in spaces that are owned by separate entities. If you perform work functions on someone else’s property, the property owner or manager may be considered liable for certain accidents resulting from unsafe property conditions. For example, if you are a self-employed therapist who leases space in a local office building, you may be able to sue the building’s owner in the event that you slip and fall on a poorly maintained staircase.
In most cases, you’ll have to be able to show that the property owner created the safety hazard or knew or reasonably should have known about it but failed to take steps to address it. Inadequate lighting, damaged sidewalks, untreated icy sidewalks, exposed wiring or other conditions could all serve as the basis of a premises liability claim against a negligent property owner.
Defective equipment
If you work with power tools or other equipment as part of your job, you may be able to take legal action against a product manufacturer or distributor if you are injured by a defective product. The subject of a product liability claim will depend on the source of the defect. For example, if the product’s design was inherently flawed, the creator of that product may be liable for any harm their product causes. Alternatively, if a manufacturing error rendered a product unsafe, the manufacturer may be deemed liable in the event that the product injures someone.
Construction accidents
Construction sites pose many different safety risks, and these work environments often involve a diverse combination of contractors, subcontractors, property owners and equipment providers. Depending on the work being performed and the circumstances surrounding an accident, an injured construction worker may be within their rights to pursue a claim against one or more of these parties.
These cases can get complicated because they may also have legal implications under New York Labor Law, so it’s important to consult with an experienced construction accident attorney if you were injured on a construction site.
What compensation may be available in a personal injury lawsuit?
Some survivors of workplace accidents suffer serious injuries that come at a high personal and financial cost. Injured workers may require extensive medical care or may sustain injuries so significant that they are ultimately unable to return to their previous work duties. While a workers’ compensation claim may help offset some of these losses, taking action against a negligent third party can help injured workers and their loved ones access the compensation they need to address the past, present and future impact of an accident.
Depending on the circumstances surrounding your injury and the nature of your losses, you may be able to pursue a third-party liability claim for economic losses like medical bills, therapy costs, property damage, lost wages and reduced earning capacity. You may also be able to recover compensation for pain and suffering related to losses like limb loss, permanent disfigurement or reduced enjoyment of life.
Our team commonly consults with professionals like medical specialists, life care planners, vocational experts and economists to calculate the value of our clients’ losses. We also think it’s important to speak with friends, family members and coworkers who can speak to the more personal side of our clients’ struggles.
Why work with O’Brien & Ford, PC?
If you sustained a serious injury at work, you may already feel like your trust has been broken. You showed up to do your job and went home facing the prospect of physical pain, emotional distress and financial uncertainty. These cases can be complicated, but that doesn’t mean they aren’t worth exploring.
At O’Brien & Ford, PC, we believe that injured workers deserve to have their voices heard. No two cases are exactly alike, and each workplace accident case should be approached with curiosity and compassion. Our team is dedicated to providing our clients with personalized legal support – not a cookie-cutter strategy. Our attorneys will know you by name and provide you with the hands-on attention you need to feel empowered throughout the legal process.
Whether your case settles out of court or goes all the way to trial, our team is willing and ready to show up for you when and how you need us to. To further ease some of your burden during this difficult time, we won’t ask you to pay any attorneys’ fees unless we succeed in recovering compensation in your case. Our motto is “No one will work harder for you,” and we make it a point to honor that commitment in all that we do.
Frequently asked questions about workplace accident claims
What is a third-party workplace injury claim?
A third-party claim is a personal injury claim an accident survivor may choose to bring against a negligent party whose actions caused them harm. Because employees generally cannot sue their coworkers or employers for ordinary negligence, third-party workplace injury claims may involve outside entities like motorists, property owners, contractors or product manufacturers.
What should I do after a workplace accident?
How do I file a workers' compensation claim in New York?
Can I file a personal injury lawsuit if I already received workers' compensation?
How long do I have to file a third-party workplace injury lawsuit?
Speak to a Buffalo workplace accident lawyer
If you suffered a serious workplace injury because of an outside party’s negligence, you deserve to explore all of the options that may be available to you under New York law. Depending on the facts of your case, you may be entitled to compensation for the physical, emotional and financial harm you have suffered.
Contact O’Brien & Ford, PC today to learn more about your legal options. You can reach us by phone 24/7 at 716-222-2222 or visit one of our local offices at 4549 Main St., Suite 201, or 701 Seneca St., Suite 208, to schedule a free, no-obligation consultation.