Everyone is entitled to a safe working environment. When workplace injuries happen in Buffalo due to someone else’s reckless actions, you deserve justice.
At Towey Law, PLLC, our Buffalo injury attorney can help employees secure full compensation for their losses through a third-party claim. Contact our offices for a free consultation today by clicking here or calling (716) 300-8232.
Why Use A Buffalo Workplace Injury Lawyer From Towey Law?
If you have suffered serious injuries in a workplace accident in Buffalo, let us give you the aggressive representation you deserve:
- We will guide you through the legal process to achieve the compensation you need.
- We always provide our clients with direct and responsive communication.
- Our clients can discuss their cases in person, over the phone, or virtually.
- We provide free case evaluations.
Why Do I Need a Workplace Injury Lawyer?
When an employee suffers a workplace injury by a third party, their lives are disrupted and they are faced with several challenges. It is difficult to navigate the legal process, while also recovering from a serious injury. By hiring a Buffalo work injury lawyer, you will have someone on your side who will help you:
- Investigate your accident and help determine which third parties are liable for your injuries
- Gather evidence to support your case
- Hire medical and economic experts to calculate the true value of your losses
- Fight for full and just compensation on your behalf
- Make sure legal paperwork is filled out properly and filed within the time limit
With a workplace injury lawyer assisting you, you will not have to worry about anything or face unnecessary stress. Contact Towey Law, PLLC to find out how we can help ease the process for you.
How Can a Third-Party Claim Help My Case?
Workplace injuries are devastating. While workers’ compensation prevents employees from seeking damages against an employer, injured workers can pursue justice against a third party. A third-party refers to a person or company that is not your employer who may be found negligent for your injuries.
Some of the most common third-party claims in New York involve:
- Automotive accidents:
In a situation involving road work, if a construction worker is hit by a distracted driver, you may have a Buffalo car accident claim against the negligent motorist. - Product Liability:
Equipment, vehicles, heavy machinery, and other products have contributed to many workplace accidents. If you have been injured due to defective, malfunctioning machinery, you may have a Buffalo product liability claim against the manufacturer. - Toxic or chemical exposure:
Manufacturers of toxic substances have a duty to provide a safe product and safe storing and handling instructions. If your injuries are caused by poisonous fumes despite following the safety guidelines, you may have a claim. - Intentional torts:
If a person deliberately causes you harm, you may have an intentional tort claim. - Premises liability:
If you are working on a property that your employer does not own, the property owner may owe you a duty of care. If you are injured due to hazardous conditions on the property, including faulty scaffolding or other dangers the property owner did not bring to your attention, you may have a Buffalo premises liability claim.
Statute of Limitations for Workplace Injury Claims
Unfortunately, time is not on your side when filing a Buffalo work injury claim. The statute of limitations for personal injury lawsuits determines how long you have to file your claim. For a traditional work injury lawsuit, as described under CPLR § 214(4), you would need to get your claim filed before the three-year statute of limitations expires. The language of the statute reads as follows:
Ҥ 214. Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental or podiatric malpractice; to annul a marriage on the ground of fraud. The following actions must be commenced within three years:
… 4. an action to recover damages for an injury to property except as
provided in section 214-c;
- an action to recover damages for a personal injury except as
provided in sections 214-b, 214-c, 214-i and 215;”
If a loved one suffered fatal injuries in a work accident, you may have the right to sue for damages with help from a Buffalo work injury attorney. As described under EPTL § 5-4.1, you will generally have up to two years from the date of the decedent’s death to get your wrongful death action filed. The language of the statute reads as follows:
Ҥ 5-4.1 Action by personal representative for wrongful act, neglect or default causing death of decedent:
- The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent’s death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued. Such an action must be commenced within two years after the decedent’s death;”
Do Not Panic if You Get Blamed for the Accident
It is more common than you might think for liable parties to blame injury victims for the accident. When facing financial liability for your damages, at-fault parties will say whatever they must to avoid being held accountable. For this reason, you should not panic if you receive notice that the liable party has blamed you for your work-related injuries.
Fortunately, New York State follows pure comparative negligence laws as described under CPLR § 1411. This means sharing blame for the accident will not prevent you from receiving a settlement unless you are 100% responsible. The language of the statute reads as follows:
- 1411. Damages recoverable when contributory negligence or assumption of risk is established. In any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.”
This means your settlement will be reduced to account for your portion of liability. For example, if you were not wearing your personal protective equipment (PPE) at the time of the accident as expected, the judge might find you 35% responsible for the injuries you suffered. If this was the case, you would be entitled to 65% of the compensation you were awarded. Our team will review the circumstances of your case to determine how significantly your settlement could be affected by comparative negligence allegations, if at all.
Contact a Buffalo Workplace Injury Attorney Today
At Towey Law, PLLC, our Buffalo work injury lawyer is here to help ensure you receive the full compensation you deserve after a workplace injury. If you have been injured due to someone’s negligence, we have the resources and extensive experience necessary to fight for compensation on your behalf through a third-party claim. If a death has occurred, please contact our Buffalo wrongful death attorneys.
You are entitled to safe and secure working conditions. Contact our dedicated workplace injury attorneys for a free case evaluation by clicking here or calling (716) 300-8232.