Work-related injuries can happen to anyone, regardless of the industry or profession. In the event of a workplace accident in Buffalo, NY, many employees wonder if they have the right to sue their employer for compensation. While workers’ compensation laws are in place to provide financial and medical benefits to employees injured on the job, there are certain circumstances where legal action against an employer may be possible. This article will explore the factors that determine whether you can sue your employer for a work-related injury in Buffalo, NY.
Understanding Workers’ Compensation in Buffalo, NY
Workers’ compensation is a state-mandated insurance program designed to protect employees injured during the course of their employment. In Buffalo, NY, as in other parts of the state, employers are required to carry workers’ compensation insurance to cover medical expenses, lost wages, and disability benefits for their injured workers. The primary goal of this system is to provide swift and fair compensation to injured employees while avoiding costly and time-consuming lawsuits.
The Exclusive Remedy Doctrine
One essential aspect of workers’ compensation in Buffalo, NY, is the exclusive remedy doctrine. This doctrine stipulates that in most cases, employees are limited to seeking compensation through the workers’ compensation system and are generally prohibited from suing their employer for additional damages. By accepting workers’ compensation benefits, the injured employee typically waives the right to sue the employer for negligence or other claims related to the work-related injury.
Exceptions to the Exclusive Remedy Doctrine
While the exclusive remedy doctrine serves to protect both employers and employees from protracted legal battles, there are certain exceptions where an injured employee may have grounds to sue their employer:
Employer Intentionally Harmed the Employee: If it can be proven that the employer willfully caused harm to the employee or acted with deliberate intent to cause injury, the injured party may be able to pursue a personal injury lawsuit.
Employer-Lacked Workers’ Compensation Insurance: Employers in Buffalo, NY, are required to carry workers’ compensation insurance. Failure to do so could potentially expose the employer to civil liability beyond the scope of workers’ compensation benefits.
Third-Party Liability: In some work-related injury cases, a third party other than the employer may be responsible for the accident. In such situations, the injured employee may file a personal injury lawsuit against the third party while still receiving workers’ compensation benefits.
Defective Products or Machinery: If the injury was caused by a defective product or piece of machinery, the injured employee might have a product liability claim against the manufacturer or supplier.
Consulting with an Experienced Attorney
Determining whether you can sue your employer for a work-related injury in Buffalo, NY, can be complex and fact-specific. It is crucial to seek legal counsel from an experienced workers’ compensation attorney who can assess the details of your case and advise you on the best course of action. An attorney will help you understand your rights, navigate the legal process, and ensure that you receive the maximum compensation possible for your injuries.
While workers’ compensation is generally the primary avenue for seeking compensation after a work-related injury in Buffalo, NY, there are exceptions that may allow you to pursue a personal injury lawsuit against your employer. Understanding the nuances of workers’ compensation laws and determining the potential for legal action can be challenging, so it’s essential to consult with a knowledgeable attorney to protect your rights and interests. Remember that each case is unique, and the outcome may depend on the specific circumstances surrounding your work-related injury.
How can Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. help you on Work-related Injury cases in Buffalo, New York
At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we understand the significant impact that work-related injuries can have on individuals and their families. Our dedicated team of experienced attorneys is here to provide comprehensive legal assistance to those who have suffered from workplace accidents in Buffalo, New York. If you have been injured while on the job, we are committed to helping you navigate the complex legal process and fighting for your rights to ensure you receive the compensation you deserve.
Experience in Workers’ Compensation Laws: Our firm boasts a team of skilled attorneys well-versed in New York’s workers’ compensation laws and regulations. We have a deep understanding of the nuances and complexities of these laws, enabling us to provide informed and reliable guidance tailored to your specific situation.
Personalized Case Evaluation: Every work-related injury case is unique, and we treat each client with the attention and care they deserve. Our attorneys will conduct a thorough evaluation of your circumstances, examining the details of the accident, the extent of your injuries, and the impact on your life and livelihood. This personalized approach allows us to build a strong case in pursuit of the maximum compensation possible.
Pursuit of All Available Remedies: While workers’ compensation is often the primary means of seeking benefits after a work-related injury, our attorneys will diligently explore all possible avenues for compensation. We will determine if any exceptions apply, such as third-party liability or intentional harm by the employer, which may allow us to pursue additional damages on your behalf.
Tenacious Negotiation and Litigation: Our legal team is highly skilled in negotiation and litigation, and we are not afraid to take your case to court if needed. We will fiercely advocate for your rights and interests, seeking a fair and just resolution to your work-related injury claim.
Comprehensive Support: We understand that navigating a work-related injury case can be emotionally and financially challenging. As your legal representatives, we provide compassionate support throughout the entire process. We will keep you informed about the progress of your case, address your concerns, and answer any questions you may have.
No Fee Unless We Win: At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we operate on a contingency fee basis for work-related injury cases. This means you will not pay any upfront legal fees, and we only get compensated if we secure a successful outcome for your case. You can focus on your recovery while we focus on advocating for your rights.
If you have sustained a work-related injury in Buffalo, New York, Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. is here to help. Our experienced attorneys have the experience and dedication to assist you throughout the legal process, ensuring you receive the compensation you deserve. With personalized attention, strong advocacy, and a commitment to achieving positive results, we are ready to stand by your side and fight for your rights. Contact our firm today for a free consultation to discuss your work-related injury case.