Workplace injuries can happen suddenly and leave you with lasting physical, emotional, and financial burdens. Whether you’re employed on a construction site, in a warehouse, or behind a desk, injuries sustained on the job can disrupt your life in a major way. Fortunately, under New York law, injured workers in Buffalo have access to a range of compensation options depending on the circumstances of the workplace accident.
At Brown Chiari LLP, our Buffalo work injury lawyers are committed to helping injured workers understand their rights, file their claims properly, and recover the compensation they deserve. Here’s a comprehensive look at what compensation you may be entitled to after a work-related injury in Buffalo.
Workers’ Compensation: The Primary Path to Recovery
In most cases, your first step after a workplace injury is to file a workers’ compensation claim. This system, overseen by the New York State Workers’ Compensation Board, provides benefits to employees who are hurt on the job—regardless of fault.
What Workers’ Compensation Covers
- Medical Treatment
Workers’ compensation pays for necessary medical care related to the injury. This includes hospital visits, surgeries, prescriptions, physical therapy, and other approved treatments. - Medical Expenses and Medical Bills
All reasonable and necessary medical expenses stemming from the injury are covered by your employer’s workers’ compensation insurance carrier. You must use an authorized medical provider and follow the guidelines set by the Workers’ Compensation Board. - Lost Wages
If your injury prevents you from returning to work for more than seven days, you may receive wage replacement benefits. The amount is generally two-thirds of your average weekly wage, up to certain limits defined by New York State. - Permanent or Partial Disability Benefits
If your injury results in a long-term or permanent impairment, you may be entitled to additional compensation based on the severity of your disability and the body parts affected. - Workers’ Compensation Benefits for Fatal Accidents
If a worker dies due to a job-related injury, surviving dependents may receive death benefits, including funeral expenses and weekly cash benefits.
Third-Party Claims: Additional Compensation Beyond Workers’ Comp
In some workplace accidents, someone other than your employer may be at fault—such as a subcontractor, property owner, equipment manufacturer, or driver. In these situations, you may be eligible to file a third-party claim in addition to your workers’ compensation case.
What Can Be Recovered in a Third-Party Claim?
- Pain and Suffering
Unlike workers’ compensation, a third-party personal injury claim can include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. - Full and Fair Compensation for All Losses
This includes damages for lost wages not covered under workers’ comp, future medical care, and even punitive damages in cases of gross negligence. - Property Damage
If personal items were damaged during the incident—such as tools or a vehicle—those may be included in a third-party claim.
When Can You File a Third-Party Claim?
Some common workplace scenarios that may support a third-party claim include:
- A truck driver injured in a crash caused by another driver
- A construction worker hurt due to unsafe scaffolding maintained by a third-party contractor
- A factory worker injured by defective machinery
In these cases, your Buffalo work injury lawyer will investigate the incident, identify the at-fault parties, and help you file both a workers’ compensation claim and a third-party injury claim.
Important Deadlines and Requirements
- Written Notice: You must notify your employer in writing within 30 days of the accident.
- Claim Filing: You must file your workers’ compensation claim with the New York Workers’ Compensation Board within two years.
- Necessary Paperwork: Missing forms or documentation can delay benefits, so working with legal representation can help ensure everything is submitted correctly.
The Role of Insurance Companies
While insurance companies are required to pay workers compensation benefits, they often seek to minimize payouts. Their adjusters may challenge the extent of your injuries, deny medical care, or dispute lost wage calculations. That’s why having experienced attorneys on your side can make a significant difference in securing a fair settlement.
Can You File a Personal Injury Claim Too?
Yes, if a third party caused your injury, you may be entitled to file a personal injury claim. This allows you to seek additional compensation not available under workers’ compensation, including damages for long-term pain, disfigurement, or loss of future earning capacity.
What If You’re Partially Disabled?
If you’re partially disabled and can only return to work in a limited capacity, you may still receive partial wage replacement benefits under workers’ compensation. The amount depends on your earning capacity and the degree of your disability.
How a Buffalo Work Injury Lawyer Can Help
A skilled attorney can:
- Guide you through the legal process
- Help interview witnesses
- File the correct paperwork on time
- Represent you in hearings before the Workers’ Compensation Board
- Determine if a third-party claim is possible
- Fight to recover compensation through every available avenue
Learn more about what compensation you can claim in a Buffalo work accident. Call Brown Chiari LLP at (716) 681-7190 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.
FAQs: Compensation After a Buffalo Work Accident
What is the difference between workers’ compensation and a personal injury claim?
Workers’ compensation provides benefits regardless of fault but limits your right to sue. A personal injury claim allows you to pursue additional compensation from third parties responsible for the accident.
Can I get compensation for pain and suffering after a workplace accident?
Not through workers’ comp, but if a third party caused your injury, you can seek pain and suffering damages through a separate personal injury claim.
What should I do immediately after a workplace injury?
Seek medical treatment, notify your employer in writing, and contact a Buffalo work injury lawyer as soon as possible.
Does workers’ compensation cover all my medical bills?
Yes, if the treatment is authorized and related to the injury. You may need to see a provider approved by the workers compensation insurance carrier.
How long do I have to file a claim?
You must notify your employer within 30 days and file your claim with the Workers’ Compensation Board within two years of the accident.