New York witnesses a large number of workplace injuries and illnesses each year, with private industry employers reporting 138,900 accidents in 2022. This translates to a total recordable cases (TRC) incidence rate of 2.3 per 100 full-time equivalent workers. At Mazzu Law, we take these numbers not merely as data, but as indicators of real-world risks that workers face daily.
With a combination of legal acumen, vast experience, and a relentless drive to get you the justice and compensation you deserve, we are strongly positioned to represent you in Buffalo, New York. If you have been injured at the workplace, call us at 888.289.5000 or contact us online to learn whether we can help you recover financial compensation for your medical bills, lost wages, and other losses.
What is Considered a Workplace Injury in Buffalo, NY?
According to the New York Workers’ Compensation Law (WCL), work injury is broadly defined as any injury, illness, or medical condition that occurs as a direct result of activities or duties performed on the job or during work hours. So, beyond the accidents that happen suddenly (like a fall from a ladder), it also includes any sickness that develops over time due to work conditions.
Although Workers’ Compensation insurance is the primary mechanism for handling workplace injuries and illnesses in New York, it works in conjunction with the Occupational Safety and Health Act (OSHA) and other federal laws, which provide coverage for:
Accidental Injuries
These are injuries that happen suddenly, such as:
- Slips, trips, and falls
- Falls from heights
- Vehicle-related accidents
- Machine entanglement
- Burns
- Electrical shocks
- Being hit by falling objects
- Explosions or fires
Occupational Diseases
These develop over time due to exposure to harmful conditions particular to a workplace or industry:
- Asbestosis or mesothelioma
- Lead poisoning
- Hearing loss
- Skin diseases
- Respiratory conditions
- Radiation sickness
- Pneumoconiosis
- Silicosis
Repetitive Stress Injuries
These occur from performing the same motion over and over. For example:
- Carpal tunnel syndrome
- Tendonitis
- Bursitis
- Rotator cuff injuries
- Thoracic outlet syndrome
- Tennis elbow
- Trigger finger
- Back injuries
If you have been affected by any of these conditions during the course of your employment, get in touch with us at Mazzu Law to consider filing a Workers’ Compensation claim in New York. This system in NY is “no-fault” so you do not need to prove your employer was at fault to receive Workers’ Compensation benefits.
We can help evaluate if your benefits sufficiently cover your losses, and explore ways to maximize your financial recovery. If negligence of another party is involved, we may be able to file a third-party lawsuit on your behalf to obtain the highest possible damages. For instance, if you are a delivery driver injured by a negligent trucker, our truck accident lawyer can pursue a personal injury lawsuit on your behalf to recover maximum compensation for your injuries and losses.
Steps to Take After a Workplace Injury in Buffalo
Step 1: Seek Medical Attention Immediately
Call an ambulance or go to your nearest emergency room or urgent care center, even if the injury seems minor. For less urgent issues, you should still see a healthcare provider as soon as possible. Be sure to inform them that your injury or illness is work-related. This will ensure the medical records accurately reflect the nature of your condition as being related to your job, which is critical for Workers’ Compensation claims.
Step 2: Notify Your Employer
Inform your supervisor or HR department about the accident immediately. New York law requires that you notify your employer in writing within 30 days of the accident or within 30 days of discovering a work-related illness.
Step 3: Document Everything
Keep meticulous records of:
- The circumstances of how the injury or illness occurred.
- Names and contact information of any witnesses.
- Dates and details of all treatments and hospital visits.
- Receipts for any expenses incurred due to the injury, such as ER bills and travel expenses to and from doctor’s appointments.
- Any correspondence with your employer or their insurance company.
Step 4: File a Workers’ Compensation Claim
To officially start your Workers’ Compensation claim, you will need to file a Form C-3 with the New York State Workers’ Compensation Board. Do this as soon as possible after your injury.
Step 5: Follow Up on Medical Care
Follow all medical advice and attend all follow-up appointments. Failure to disregard this may negatively impact your Workers’ Compensation claim.
Step 6: Hire a Buffalo Workplace Injury Attorney
In most cases, when a worker files a Workers’ Comp claim or a personal injury claim, they are questioned aggressively by the insurance companies involved and a number of disputes arise. To avoid any such complications from further inconveniencing your life, you may want to consult a personal injury lawyer at Mazzu Law in Buffalo, NY. Our Workers’ Compensation attorney understands that your well-being is on the line, so we can help you take the right steps accordingly and ensure you receive all the benefits you are entitled to.
How Does Workers’ Compensation Work in Buffalo, NY?
Workers’ Compensation is insurance that provides healthcare coverage and financial compensation to employees who suffer job-related injuries or illnesses. Under New York’s Workers’ Compensation system, no worker ever needs to prove that their employer did something wrong. As long as their injury or illness is work-related, they generally receive the following benefits without the need for litigation:
- Medical Benefits: Doctor visits, hospital treatments, prescription medications, and necessary equipment (e.g., crutches, wheelchairs, prosthetics).
- Cash Benefits: These are provided if you are unable to work for more than seven days. The amount is typically two-thirds of your average weekly wage multiplied by the percentage of your disability. These benefits are not paid for the first seven days of disability unless you are incapacitated for more than 14 days.
- Disability Benefits: Depending on the severity and expected duration of your injury, these are classified as: temporary total disability (if you are completely unable to work for a limited period); temporary partial disability (if you are able to work but at reduced capacity and pay); permanent total disability (if you are permanently and completely disabled); and permanent partial disability (if you have sustained permanent injuries that partially limit your ability to work).
- Supplemental Benefits: For severely disabled or surviving spouses. The amount and eligibility are determined based on the date of the injury and other criteria.
- Death Benefits: If the worker succumbs to their catastrophic injuries, their dependents may receive death benefits (a portion of the worker’s salary and funeral expenses).
- Rehabilitation Benefits: Costs associated with retraining, education, and other services necessary to help the injured worker regain employment.
Our attorneys at Mazzu Law can help you receive your Workers’ Compensation benefits in Buffalo whether you are filing the claim on your behalf or a lost loved one in the family. If your claim is denied, we can appeal the decision and present your case in front of a Workers’ Compensation Law Judge.
Can I Sue My Employer Outside of Workers’ Compensation in Buffalo, NY?
The Workers’ Compensation system is the exclusive remedy for employees seeking financial compensation, i.e., you cannot sue your employer in court. However, there are exceptions:
- If your employer or supervisor intentionally caused your injury.
- If a party besides your employer contributed to your injury (e.g., if you were injured by defective machinery, you might have a claim against the manufacturer).
- If your employer does not carry Workers’ Compensation insurance.
Under New York’s Labor Laws (Sections 200, 240, 241), certain protections are given to workers in construction, demolition, and excavation. Known as the “Scaffold Law,” Section 240 allows workers who are injured due to gravity-related accidents (falls or falling objects) to file lawsuits against property owners and general contractors. Our personal injury lawyers specialize in workplace accidents in Buffalo and can provide guidance on the viability of your case.
Third-Party Lawsuits for Workplace Injuries in Buffalo
A third-party claim refers to pursuing compensation from someone other than your employer or co-worker who is responsible for your injury. You may have the legal right to file a claim in civil court to seek damages that are not covered by Workers’ Comp, such as full wage replacement and pain and suffering.
At Mazzu Law, our injury lawyers will evaluate your case to determine if a third party (a contractor, property owner, maintenance provider, vendor, or product manufacturer) may be liable for your injury. We will take the following steps to identify the negligent parties:
- We will visit the site to inspect conditions, collect evidence, and document factors that could have contributed to the injury.
- We will speak with your co-workers, bystanders, or other witnesses to gain further insights.
- If available, we will check the video footage to establish the circumstances surrounding your accident.
- We will analyze contracts, work orders, safety protocols, and maintenance records to reveal negligence or contractual obligations that were not met by the product manufacturer or distributor, property owners (in dog bite cases), contractors, subcontractors, drivers, or maintenance companies.
- We will collect your medical records and documentation of unsafe conditions to link your injury to the third party’s actions.
Personal Injury Statute of Limitations in Buffalo, NY
The sooner you contact us, the stronger your workplace injury claim will be. The statute of limitations for filing a lawsuit against a third party in New York is three years from the date of the accident for injured workers. This applies to most injuries resulting from slips, falls, and machinery accidents caused by someone other than your employer. If the third party is a government organization, you have only 90 days to file a Notice of Claim. If the work injury results in death, the family or estate representatives have two years from the date of the deceased’s death to file a wrongful death claim against a third party.
Negligence vs. Product Liability in Workplace Injury Cases
Our workers’ compensation attorneys and personal injury lawyers will move fast to collect evidence before it gets erased or destroyed. We will also determine if your third-party claim should be based on negligence or product liability. Negligence is when the third party had a duty to maintain a safe environment or product, they breached this duty, and this breach directly caused your injury. Product liability is when a malfunctioning product caused your injury and thus, the manufacturer should be held liable.
Why Choose Mazzu Law for Your Workplace Injury Case in Buffalo, NY?
Edward T. Mazzu, Jr., at Mazzu Law, is a former union ironworker who has spent a decade on construction sites across New York and personally experienced a serious injury that ended his career in the field. This firsthand experience provides him with an unparalleled understanding of the risks and realities of construction work, making him exceptionally qualified to handle injury cases related to construction accidents.
His deep knowledge of construction processes and what can go wrong on a job site provides a significant advantage in understanding incredibly complex workers’ compensation cases, regardless of the industry. From identifying safety violations to interpreting medical reports, his insider’s perspective allows him to consider all possible factors to build an ironclad case for you.
Due to our direct understanding of worker’s concerns, we provide:
Expert Navigation of Compensation Claims
Whether through workers’ compensation or personal injury claims, our legal team will work to secure every possible benefit for you, including medical expenses, rehabilitation costs, lost income and future earnings, pain and suffering, and more.
Aggressive Representation Against Insurers and Employers
We are ready to go to trial if necessary. When opposing parties understand we are prepared to fight vigorously for your rights in court, you are more likely to achieve a favorable settlement or verdict.
Personalized Support and Communication
Our workplace injury law firm in Buffalo, NY, prioritizes prompt, frequent communication so you understand each step and all your options, and are never in the dark. We can also help you connect to the best medical care and rehabilitation services in Buffalo to help with your recovery.
Free Case Evaluation
We offer a free consultation to help you achieve a clearer understanding of your rights under New York law, the potential routes for maximum possible compensation, and the appropriate legal actions. Our Buffalo workers’ compensation law firm can also offer guidance on critical steps to take to protect your rights and preserve important evidence, which can be vital for the success of your case.Call our Buffalo workers’ compensation lawyers at 888.289.5000 or get in touch with us online to schedule a free, no-obligation consultation today. We will leave no stone unturned to hold the employer and insurance company liable for your workplace injuries and recover the rightful compensation you need to rebuild your life.