Were you injured at your workplace in Buffalo, New York? Are you confused about your legal rights after your injuries? If so, a Buffalo workplace accident lawyer at O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers can advise you of your legal rights and options. Call us at (716) 222 2222.
O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers is a well-respected law firm, earning recognition from the WNY Legal Elite and Top 50 Upstate New York Super Lawyers. Our attorneys have recovered tens of millions of dollars in compensation for our deserving clients for more than a decade. We stand ready to fight for you. Call us today at for a free case review with our personal injury attorney located in Buffalo, New York.
How We Can Help After a Workplace Accident
Being injured on the job can be a confusing and intimidating process. You might be worried about bringing forth a legal claim against your employer, afraid of possible retaliation. You may be confused about whether you have a claim against a third party who contributed to your injuries.
The O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers team has over 84 years of combined legal experience. We understand the complexities involved in workplace accident injury cases in Buffalo, NY, and can advise you of your legal rights and options during a free case review. If you decide to hire us, you can reasonably expect us to:
- Investigate the accident and identify the factors that contributed to it
- Explain whether you have a workers’ compensation claim and/or grounds for a third-party claim
- Gather evidence to establish legal responsibility or negligence
- Complete your claim forms
- Communicate with insurance companies
- Manage the administrative workload of your claims and monitor case deadlines
- Negotiate for compensation that fairly compensates you for the full extent of your losses.
Contact our award-winning firm to discuss your case during a free and confidential consultation with a Buffalo personal injury attorney.
How Common Are Workplace Accidents in New York?
According to the National Safety Council, 4,695 workers died on the job in preventable deaths in 2022. Another 4,530,000 workers sustained injuries that required medical consultations. Transportation, warehousing, and construction were the top industries for worker injuries and deaths. The U.S. Bureau of Labor Statistics reports that 251 workers died in workplace accidents in New York in 2022.
New York’s Workers’ Compensation Laws
According to the New York State Workers’ Compensation Board, virtually all employers in the state must carry workers’ compensation insurance. Workers’ compensation is a no-fault insurance program that provides certain benefits to workers injured within the course of the scope of their job. This includes compensation for occupational illnesses, injuries, and repetitive stress injuries. Workers do not have to prove their employers were negligent to recover workers’ compensation, but they forfeit the right to sue their employer in most cases.
Workers’ compensation benefits provide the following if a worker is injured or killed on the job:
- Medical benefits: Injured workers can have medical bills stemming from their workplace injury or illness paid, which may include medical, dental, surgical, optometric, pharmaceutical, and assistive devices expenses. Except for emergencies, the treating provider must be authorized by the Workers’ Compensation Board to treat injured workers.
- Partial wage replacement benefits: New York workers’ compensation benefits pay to replace a portion of the injured worker’s average weekly wage, based on their degree of disability and subject to a state maximum.
- Survivor benefits: Survivor benefits are paid to the deceased worker’s surviving spouse and children, if any, in an amount equal to two-thirds of the deceased average weekly wage for the year before death, subject to a maximum amount provided by law. If there is no surviving spouse or child, the surviving parents or the deceased worker’s estate may be entitled to benefits of $50,000.
An experienced workers’ compensation lawyer can review your situation and determine the benefits to which you may be entitled.
Common Causes of Workplace Accidents
According to the U.S. Bureau of Labor Statistics, the following are leading causes of New York workplace accidents:
- Motor vehicle accidents: Workers may be injured or killed in car accidents while on the job site, going to a work location, or running a work-related errand. 251 of the New York worker deaths in 2022 were transportation incidents.
- Slips, trips, and falls: Slips and falls can happen in the workplace due to slippery substances that are not cleaned up, aisleways are cluttered, or job sites have fallen into disrepair. 70 fatal work accidents in 2022 were classified as falls, slips, or trips.
- Violence: Workplace violence, including assaults perpetrated by third parties such as vendors or customers, can also result in worker death or injury. 43 worker fatalities in 2022 involve violence or other injuries by people or animals.
- Exposure to harmful substances: Workers can be exposed to dangerous substances and chemicals, including carbon monoxide, rayon, mercury, lead, or asbestos. 41 worker deaths in 2022 were attributed to these causes.
- Contact with objects and equipment: Tools and other objects can fall and injure workers. 32 New York workers were killed by these causes in 2022.
An experienced lawyer can investigate your case and the factors that contributed to it.
Who Is Responsible for My Buffalo Workplace Accident?
While you might think your employer is responsible for your Buffalo workplace accident, there may be other parties who contributed to it, such as:
- Negligent motorists: If you were injured in a car accident, someone else’s negligence may have been responsible. You may be able to make a claim against the at-fault driver if you suffered a serious injury.
- Property owners: Property owners and management companies are responsible for maintaining a property so it is safe for workers, including those who are hired to perform work on-site.
- Product manufacturers: Manufacturers may make defective products that harm them.
- Chemical producers: If workers are exposed to dangerous chemicals at the workplace, the entity responsible for releasing these toxins may be liable for workplace injuries.
Let an experienced attorney review your case and determine who is liable.
What Is My Workplace Accident Claim Worth?
The primary factor that determines what your claim is worth is whether you are limited to workers’ compensation benefits or you can file a claim against a negligent third party. Other factors that can affect your financial compensation include:
- The type and severity of your injuries
- Your disability rating
- Your rate of pay
- The duration of your medical recovery
- The daily effects the accident had on your life
- How much time you are out of work
- Whether you contributed to the incident
- The insurance coverage available
Contact us today for a free case review.
What Kinds of Damages Are Available for Workplace Accident Cases?
If you were injured on the job, you may be entitled to workers’ compensation benefits. However, if you have a viable claim against a third party, such as a negligent motorist or property owner, you may be able to recover compensation for the full extent of your damages, which could provide money for:
- Past, current, and future medical expenses from healthcare providers of your choosing
- Rehabilitation and therapy costs
- The full value of your lost wages, not just a fraction
- Reduced earning capacity
- Personal property damaged
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
Contact us today for a free case review to learn about the potential value of your case.
Can I Still Recover Compensation If I’m Being Blamed for the Accident?
Even if you were negligent, you can still recover workers’ compensation benefits. Thanks to New York’s pure comparative negligence system, you can recover compensation in a third-party claim as long as someone else contributed to the injuries. However, your financial compensation is reduced by your degree of fault.
We Fight to Recover Compensation for All of Your Workplace Injuries
Workplace injuries and occupational illnesses can take many forms, including:
- Traumatic brain injuries
- Spinal cord injuries
- Neck and back injuries
- Repetitive motion injuries
- Respiratory illnesses
- Heart attack
- Psychological trauma
- Gunshot and knife wounds
- Broken bones
- Soft tissue injuries
- Amputations
- Nerve damage
- Paralysis
Trust our legal team to fight for your fair compensation.
How Much Does It Cost to Hire a Personal Injury Lawyer in New York?
O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers takes cases on a contingency-fee basis, so we don’t get paid unless and until you get paid. We receive a percentage of any award or settlement we recover on your behalf. This allows you to access quality legal representation without having to pay for it until you can pay for it.
How Long Do I Have to File a Personal Injury Lawsuit in New York?
In New York, workers must report their accident to their employer within 30 days. For third-party claims, they generally have three years from the date of the accident to file a personal injury lawsuit.
Contact Our Buffalo Workplace Accident Lawyers for a Free Consultation
If you were injured on the job, O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers can help. Contact us today to speak with a Buffalo workplace accident lawyer during your free consultation.