Workplace injuries can result in serious harm to workers. From repetitive stress injuries and back injuries to catastrophic amputation injuries and death, our Buffalo work injury lawyers can help with all sorts of injury cases.
In many cases, Workers’ Compensation rules in NY require injured workers to file an insurance claim instead of suing their employers for injuries. However, certain exceptions to these rules might allow victims to sue other third parties for their injuries, potentially opening new areas of compensation.
For help with your injury case, contact the Buffalo work injury lawyers at The Carrion Law Firm today. Our phone number is (718) 841-0083.
Suing for a Work Injury in Buffalo, NY
When you are injured at work, you are typically expected to file your claim through Workers’ Compensation insurance. However, there are exceptions to these rules that can help you get additional damages through a lawsuit.
Workers’ Compensation claims typically pay only for a percentage of the lost wages you faced because of an injury and for the medical care you need related to the work injury. However, these damages account for only part of the economic damages you suffer, and non-economic damages are barred entirely. While there is a positive trade-off – you do not need to prove fault to get these damages – the damages you do receive could be far short of the damages you deserve.
If there are loopholes that allow you to file a lawsuit instead, you could receive additional damages for your work injury. Our Buffalo work injury attorneys can help you file lawsuits in any case where the injury is caused by some third party, in cases where your employer fails to carry Workers’ Compensation insurance, where the injury is caused by violence, or where certain safety violations caused your injuries.
Third-Party Lawsuits
Lawsuits are only blocked against your employer, which means that you can file a lawsuit against any other parties that potentially caused your injuries. In injury cases involving broken or defective tools or products at work, this can allow you to file a lawsuit against the manufacturer of those products. The same goes for injuries from defective or dangerous safety gear. If you were injured by a customer, hit by a car while doing your job, or injured because of dangerous property conditions while working off-site, there are other potential third parties you could sue for your injuries.
Lawsuits for Safety Violations
Certain safety violations can also lead to lawsuits. The most common example of this is violations of New York’s Scaffold Law, which allows claims for “gravity-based” injuries from falls or dropped objects to be filed against a negligent employer. Talk to our Buffalo work injury lawyers about what other safety violations might be grounds for a lawsuit against your employer.
Proving Fault
In any case where you can file a lawsuit, you have to prove fault to win your lawsuit. This means proving that the at-fault party – whether that is your employer or a third party – violated some legal duty or acted unreasonably to cause your injuries. In cases involving violence, your Buffalo work injury lawyers would instead prove that the defendant intentionally injured you.
Damages for Work Injuries in Buffalo, NY
As discussed above, Workers’ Compensation often blocks damages that you could be entitled to in a lawsuit. Getting all of the compensation you need is important after a work injury because you could be left with reduced income and other expensive bills because of your injury. Allowing these harms to go uncompensated could put you in a financial hole you are physically not well enough to work to recover from. Work with our Buffalo work injury lawyers to maximize your compensation after a work injury.
Damages for “economic” harms are paid in part in a Workers’ Compensation insurance claim, but you could be entitled to more full compensation through a lawsuit. Economic damages include any harms that have a price value attached, such as the cost of medical bills and reimbursement for lost wages. Medical bills can be covered through an insurance claim or a lawsuit, but lost wages are not covered in full through Workers’ Compensation. Instead, only a percentage of your average weekly wages are paid, and no consideration is made for future pay raises or promotions you might have achieved. All of these economic damages can be included in a lawsuit.
Additionally, non-economic damages can be claimed in a lawsuit. The most common area of non-economic damages is pain and suffering to the point where the terms “non-economic damages” and “pain and suffering” are often used interchangeably. These damages can be paid to compensate you for things like emotional distress, mental anguish, and of course the physical pain and suffering related to your injury. Talk to our Buffalo work injury lawyers about what damages you are entitled to and how much your work injury case might be worth.
Common Causes of Work Injuries in Buffalo, NY
Work injuries can happen in many different ways depending on your industry. For example, most injuries in the transportation industry are caused by auto accidents while most injuries in manufacturing are caused by machinery injuries. Some surprising trends in injury include that most injuries to nurses and hospital staff are actually caused by assault by patients or family members, and the most common work injury across the board tends to be back injuries from lifting and carrying.
Depending on how your injury happened and what the results are, you could be entitled to significant compensation with the help of our Buffalo work injury lawyers.
Call Our Buffalo Work Injury Attorneys for Help
If you were hurt at work, contact The Carrion Law Firm’s Buffalo work injury lawyers today for a free case review. Call us at (718) 841-0083.