Workplace Injury Lawyers Buffalo, NY | Campbell & Associates

Strong Advocacy After A Workplace Injury

Given the vast number of different jobs and workplace environments, it is not surprising that the umbrella category of “workplace accidents” can include almost any type of imaginable injury. A zoo keeper faces different workplace risks than a construction worker; a construction worker faces different risks than a teacher; a teacher faces different risks than a scuba instructor; and so on. And while some professions/professional environments are undeniably more dangerous than others, almost every working employee in New York state has at least one thing in common: if they are injured while on the job, they are rightfully entitled to workers’ compensation benefits. However, even where workers’ compensation is an option, you should still strongly consider consulting a workplace injury attorney or a construction injury attorney to help you evaluate your options.

IF YOU’VE BEEN INJURED AT WORK, EXPLORE ALL OPTIONS

Does Worker’s Comp Cover Workplace Injuries?

The general rule regarding workers’ compensation is that it precludes personal injury litigation against your direct employer for workplace injuries. Very often, workers’ compensation insurance simply does not adequately compensate you for your injuries.

In addition, workers’ compensation will only cover medical bills and lost earnings. Any pain and suffering you experienced due to your injury will not be covered.

You still have options, however. For example, you can potentially pursue a lawsuit where:

• Your employer doesn’t have any workers’ compensation insurance
• A toxic substance caused the injury
• A defective product caused the injury
• A third party is liable for the injury
• The injury occurred on a construction site

In such cases, speaking with an experienced workplace injury attorney or construction injury attorney can help you understand how to move forward and seek full compensation.

However, if you receive workers’ compensation and a personal injury money judgment, the carrier who paid the workers’ compensation will likely have a lien on your recovery, meaning you may have to reimburse them for some or all the workers’ compensation benefits you received.

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Types of Workplace Injuries

Injuries at work and workplace accidents can be incredibly diverse and are not limited to a specific type of injury. In addition to the previous cases mentioned, some of the most prominent injuries at work include:

• Slips, trips, and falls: These are the most common type of workplace injury, accounting for about 33% of all nonfatal workplace injuries. They can be caused by a variety of factors, including wet or slippery floors, uneven surfaces, and poor lighting. These incidents can often justify a legal claim, especially when they involve an injury from unsafe property.
• Sprains, strains, and tears: Another common type of injury, these are caused by sudden or forceful movements that damage the muscles, tendons, ligaments, and cartilage. They occur most often in workplaces where employees are required to lift heavy objects, bend or twist their bodies, or work in awkward positions.
• Repetitive motion injuries: These injuries are caused by repeated movements of the same muscles or joints. They are most common in workplaces where employees are required to do the same tasks over and over again, such as typing, using a computer mouse, or operating machinery.
• Falls from ladders, scaffolds, and other elevated surfaces: A fall at work can be very serious and even fatal. Falls can happen in workplaces where employees are required to work at heights, such as construction sites, factories, and warehouses. If this describes your case, speaking with experienced construction injury attorneys is an important first step toward protecting your rights.
• Contact with objects and equipment: Usually caused by objects falling, flying, or being thrown. They are most common in workplaces where employees are required to work with machinery, tools, or hazardous materials.
• Fires and explosions: These injuries can be caused by a variety of factors, including equipment malfunction, improper storage of flammable materials, and smoking in unauthorized areas.

In rare but tragic cases, workplace accidents can intersect with other areas of law, such as legal help for nursing home neglect when staff are injured or placed at risk in unsafe eldercare environments.

Regardless of the circumstances, partnering with a knowledgeable workplace injury attorney or construction injury attorney ensures that your legal strategy is tailored to your specific injury and working environment.

Let Us Work for You

Regardless of the particular circumstances surrounding your injury, it is prudent to seek advice and counsel from a qualified attorney. The statute of limitations for negligence claims is three years from the date of the incident. Therefore, time is of the essence. The workplace injury attorneys at Campbell & Associates have years of experience helping injured workers recover the true costs of their personal injuries. So, whether you are a construction worker, a factory worker or in some other type of career, we invite you to call us at 716-992-2222 for a free consultation.

Our Dedication To Superior Client Service Has Earned Our Founding Lawyer Many Honors

• Inclusion in the list of Super Lawyers (2013-2017)
• Inclusion in the list of Best Lawyers in America (2014-2017)
• A+ rating by BBB
• “Best Law Firms” by US News 2015
• AV Premier Rating by Martindale-Hubbell (highest possible rating)
• “Superb” rating (10) by Avvo (highest possible rating)

Call 716-992-2222 today for a free consultation, or send us a message by completing the online form.

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Example Verdicts And Settlements

Koheler v. Port Authority of NY & NJ, et al. (N.Y. Sup. 2015) – Plaintiff, a 39-year-old laborer, was working at the 1 World Trade Center construction site when unsecured wooden planks he was walking on shifted, causing him to fall some four feet. He sustained a torn right ACL that required reconstruction surgery and revision of a prior arthroscopic repair of the medial meniscus. He also sustained lumbar herniations that eventually required spinal fusion surgery. Plaintiff received approximately $195,000 in workers’ compensation, but maintained that he was permanently unemployable following the accident. He sued Defendant owners of the construction site. The parties ultimately settled for $1,625,000.

Olkowski v. City of New York (N.Y. Sup. 1990) – A 30-year-old sanitation worker sustained a herniated disc when physicians at his employer’s clinic hastily cleared him for full physical duty following a work-related back sprain. A jury awarded him $3,200,000 ($5,593,000, adjusted for inflation).[1]

Tuitt v. Otis Elevator Co. (N.Y. Sup. 1990) – Plaintiff, a 34-year-old nurse’s aide, was wheeling a cardiac-emergency patient into an elevator when it malfunctioned and “misleveled” about 4 inches above the elevator frame. Plaintiff attempted to lift the wheeled-bed and the patient so she could load them into the elevator. As a result, the Plaintiff sustained a bulging lumbar disc with associated radicular symptoms. She sued Defendant elevator servicing company, alleging that their negligent and insufficient maintenance of the elevator led to the malfunction that ultimately caused her injuries. Plaintiff contended that she was unable to continue as a nurse’s aide and was restricted to part-time work as a receptionist. A jury awarded Plaintiff $1,337,890 (about $2.5 million, adjusted) for her injuries.

[1] https://data.bls.gov/cgi-bin/cpicalc.pl

Workplace Accidents Legal Overview

Statutes

These statutes outline the legal framework governing workplace accidents in New York State:

• New York Labor Law § 200– General Duty to Provide Safe Conditions: Requires employers and property owners to maintain safe working environments.
• New York Labor Law § 240 (Scaffold Law)– Imposes strict liability on property owners and contractors for gravity-related accidents involving scaffolding, ladders, and other elevated work.
• New York Labor Law § 241(6)– Establishes specific safety regulations for construction, demolition, and excavation work and imposes liability for non-compliance.
• Workers’ Compensation Law § 10– Requires employers to provide workers’ compensation coverage for employees injured on the job.
• New York Industrial Code (12 NYCRR Part 23)– Specifies detailed safety regulations for construction sites and industrial work environments.

Potential Damages

In workplace accident cases, injured workers may seek damages to compensate for the harm they have endured:

• Economic Damages:
• Medical Expenses: Reimbursement for immediate and long-term medical care, surgeries, rehabilitation, and medications.
• Lost Wages: Compensation for past and future income lost due to inability to work.
• Vocational Rehabilitation: Costs for training to transition into a different occupation if the injury prevents returning to the previous job.
• Non-Economic Damages:
• Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident and injuries.
• Loss of Enjoyment of Life: Damages for the inability to engage in hobbies, social activities, or other aspects of life enjoyed before the accident.
• Loss of Consortium: Compensation for the impact on relationships, particularly with a spouse or family.
• Punitive Damages:
• These are awarded in cases of egregious or willful misconduct by the employer or responsible parties, such as knowingly violating safety laws.
• Special Statutory Damages:
• Additional penalties or damages may be awarded for violations of Labor Laws §§ 240 and 241.

Case Strategies

In pursuing compensation for workplace accidents, plaintiffs can utilize various legal strategies to strengthen their claims:

• Establishing Violations of Labor Law:
• Highlighting employer or contractor failures to comply with Labor Law §§ 200, 240, or 241. Strict liability provisions under § 240 can be leveraged for gravity-related accidents.
• Proving Negligence:
• Demonstrating that the employer or third party failed to exercise reasonable care in maintaining a safe work environment.
• Using Expert Testimony:
• Employing workplace safety experts or medical professionals to provide detailed analyses of the conditions leading to the accident and the severity of the injuries.
• Documenting Evidence:
• Collecting photographs, videos, and records from the accident scene, safety reports, and injury-related expenses to build a comprehensive case.
• Third-Party Liability Claims:
• Identifying other parties, such as subcontractors or equipment manufacturers, whose negligence may have contributed to the accident and holding them accountable.
• Countering Comparative Negligence Claims:
• Preemptively addressing any arguments by the defense that the injured worker’s own actions contributed to the accident and reducing their effectiveness in court.

These strategies are designed to maximize compensation for injured workers and hold employers or other liable parties accountable for unsafe workplace conditions.