workplace injury lawyer Buffalo, NY
If you have taken a fall, or been hurt during work, you should contact a workplace injury lawyer in Buffalo, NY. In modern society, most people hold jobs in order to maintain a lifestyle and home. A 40 hour work week is generally accepted by adults and businesses, and tends to be a standard expectation. In traditional employment, one does their daily tasks while at a jobsite such as an office or market, or at a temporary site for construction and contracts. With so much time spent working, it is conceivable that injuries may occur.
The reality is that workplace injuries are extremely common in all fields. Most people spend little time thinking about the frequency of injuries in the workplace until they suffer physical damage. Fortunately,the lawyers at Hurwitz, Whitcher, & Malloy have spent years thinking about just such concerns and have the experience to aid your quest for restitution. Workplace injuries are not something that should be expected, or taken lightly. As an employee, you have rights, and your chances at success increase when you reach out to a Buffalo workplace injury lawyer.
Common Types of Workplace Injuries
In today’s fast-paced work environment, workplace injuries are unfortunately a common occurrence. They can range from minor incidents to severe accidents, affecting employees across various industries. As experts in the field, we at Hurwitz, Whitcher & Molloy, understand the complexities and the impact these injuries can have on both the personal and professional lives of workers.
Slips, Trips, and Falls
One of the most common workplace injuries is due to slips, trips, and falls. These accidents can occur in any work setting, from office buildings to construction sites. Factors contributing to these incidents include wet floors, uneven surfaces, and improper footwear. It’s crucial to ensure that workplaces adhere to safety standards to minimize these risks. Should you experience such an incident and face difficulties, we are here to help guide you through the legal process.
Overexertion and Repetitive Strain Injuries
Overexertion, often caused by lifting, pushing, pulling, or carrying heavy objects, is another frequent type of workplace injury. This can lead to musculoskeletal disorders, such as back injuries. Similarly, repetitive strain injuries (RSIs) occur due to repetitive motions or prolonged exertion in tasks, commonly affecting the hands, wrists, and elbows. We at Hurwitz, Whitcher & Molloy recommend employers implement ergonomic solutions and training to reduce these risks. If you find yourself suffering from such injuries, our team can provide the necessary legal support.
Machinery and Equipment-Related Accidents
In industries where heavy machinery and equipment are used, such as manufacturing or construction, accidents involving these tools can be particularly severe. These can include getting caught in or struck by machinery, leading to catastrophic injuries or even fatalities. Ensuring proper training and safety measures are in place is vital. If you or someone you know has been affected by such an incident, we urge you to contact us for comprehensive legal assistance.
Exposure to Harmful Substances
Certain workplaces expose employees to harmful substances or environments. This includes chemical exposure, harmful fumes, or extreme temperatures, which can lead to long-term health issues. Protective measures and adherence to safety regulations are essential. If you’ve been exposed to harmful substances at work and are facing health complications, our team at Hurwitz, Whitcher & Molloy is ready to assist you in seeking justice.
Stress and Mental Health Injuries
Often overlooked, stress and mental health injuries are increasingly recognized as significant workplace issues. This can stem from overwork, harassment, or a toxic work environment, leading to conditions like depression or anxiety. It’s important for employers to foster a supportive work environment. If your mental health has been impacted by your work conditions, remember that we are here to support you in addressing these concerns legally.
Transportation and Vehicle-Related Accidents
For jobs that involve driving or operating vehicles, transportation-related accidents are a significant risk. These can range from minor collisions to severe crashes, especially in jobs like trucking or delivery services. Adhering to road safety and vehicle maintenance is crucial. If you are involved in a work-related transportation accident, our legal team can help you navigate through the complex claims process.
Electrical Accidents
Electrical accidents, though less common, are extremely dangerous. These include shocks, burns, or electrocution, primarily affecting electricians and construction workers. Strict adherence to safety protocols is necessary to prevent such accidents. If you have suffered an electrical accident at work, contacting a specialized attorney like those at Hurwitz, Whitcher & Molloy is critical for your legal protection.
Workplace injuries can have profound impacts on an individual’s life. Understanding these common types of injuries is the first step towards prevention and safety. If you find yourself a victim of a workplace injury, remember that you are not alone. We at Hurwitz, Whitcher & Molloy are committed to providing expert legal advice and support to ensure you receive the compensation and care you deserve. Do not hesitate to reach out to us for assistance in these challenging times.
Common Causes and Prevention
Workplace injuries are a significant concern in various industries, impacting employees’ health and employers’ productivity. At Hurwitz, Whitcher & Molloy, we have seen a wide range of cases, giving us a deep understanding of the common causes of these injuries and the measures needed to prevent them.
Inadequate Training
One of the primary causes of workplace injuries is inadequate training. Employees who are not properly trained on equipment use, safety protocols, and emergency procedures are more likely to make mistakes that can lead to accidents. It is crucial for employers to invest in comprehensive training programs. If you suffer an injury due to inadequate training, we can help you understand your rights and legal options.
Overexertion and Improper Lifting Techniques
Overexertion, often resulting from lifting heavy objects improperly, is a common cause of workplace injuries. This can lead to musculoskeletal disorders, such as back strains and herniated discs. Employers should provide training on proper lifting techniques and ergonomics. If overexertion at work has led to an injury, our team at Hurwitz, Whitcher & Molloy is prepared to offer the necessary legal guidance.
Faulty or Improperly Maintained Equipment
Accidents often occur due to the use of faulty or poorly maintained equipment. Regular maintenance and safety checks are essential to prevent such incidents. When equipment failure causes an injury, determining liability can be complex. Our team is skilled in navigating these legal complexities to support your case.
Repetitive Motion Injuries
Repetitive motion injuries, such as carpal tunnel syndrome, arise from continuous, repetitive activities. These injuries can be prevented by ergonomic workplace designs and regular breaks. If you suffer from a repetitive motion injury due to your work, we at Hurwitz, Whitcher & Molloy are here to help you seek compensation.
Exposure to Hazardous Materials
Exposure to hazardous materials can lead to serious health issues. It’s vital for employers to provide proper protective equipment and training on handling these materials. If you’ve been exposed to hazardous substances in your workplace, our attorneys can guide you through the legal process to ensure your rights are protected.
Lack of Safety Measures and Non-Compliance with Regulations
A common cause of workplace injuries is the lack of safety measures and non-compliance with regulations. Employers are responsible for adhering to safety standards and regulations. If you are injured due to your employer’s negligence in this regard, our legal team can provide the expertise needed to build a strong case.
Inadequate Supervision
Inadequate supervision can lead to accidents, especially in high-risk work environments. Supervisors play a crucial role in enforcing safety protocols and intervening when unsafe practices are observed. If an injury occurs due to a lack of supervision, it’s essential to seek legal counsel to explore your options.
Psychological Stress and Workplace Violence
Psychological stress and instances of workplace violence are also significant contributors to workplace injuries. Employers must create a safe and supportive environment to mitigate these risks. If your workplace injury is a result of such circumstances, we can offer the support and legal advice needed.
Understanding the common causes of workplace injuries is key to prevention and ensuring a safe work environment. At Hurwitz, Whitcher & Molloy, we are dedicated to helping workers who have suffered injuries due to these common causes. We encourage you to reach out to us for support and representation in these matters. Your safety and rights in the workplace are our top priority, and we are here to ensure you receive the justice and compensation you deserve.
Compensation Options for Workplace Injuries
Understanding the types of compensation available following a workplace injury is crucial for anyone who has experienced such an unfortunate event. At Hurwitz, Whitcher & Molloy, we have extensive experience in guiding clients through the complexities of workers’ compensation claims and other relevant legal processes. This knowledge allows us to offer comprehensive advice on what compensations you can receive.
Workers’ Compensation Benefits
The most common form of compensation for workplace injuries is through workers’ compensation benefits. These benefits are designed to cover medical expenses, lost wages, and rehabilitation costs resulting from a workplace injury or illness. Under workers’ compensation, you can expect to receive:
- Medical Benefits: Coverage for all necessary medical treatments related to your injury. This includes hospital visits, medications, surgeries, and necessary medical equipment.
- Disability Benefits: If your injury or illness prevents you from returning to work, either temporarily or permanently, you may be eligible for disability benefits. These benefits are categorized into temporary total, temporary partial, permanent total, and permanent partial disability.
- Rehabilitation Benefits: If you require physical therapy or vocational rehabilitation to return to work, workers’ compensation typically covers these costs.
- Death Benefits: In the tragic event of a fatality, workers’ compensation provides death benefits to dependents or family members.
Personal Injury Claims
Apart from workers’ compensation, if your injury was due to someone else’s negligence or a deliberate act, you might have a personal injury claim. These claims can provide compensation for:
- Pain and Suffering: This compensates for the physical pain and emotional distress suffered due to the injury.
- Lost Wages and Loss of Earning Capacity: If your injury impacts your ability to work, compensation can cover both current lost wages and future earnings potential.
- Punitive Damages: In cases of gross negligence or malicious intent, punitive damages may be awarded as a deterrent and punishment for the responsible party.
Third-Party Claims
Sometimes, a workplace injury may involve a third party, such as a contractor or equipment manufacturer. In such cases, a third-party claim can be filed against the party at fault. Compensation from these claims can include:
- Medical Expenses: Similar to workers’ compensation, but potentially broader in scope.
- Full Lost Wages: Unlike workers’ compensation, which provides a percentage of your wages, third-party claims may cover the full amount of lost income.
- Non-Economic Damages: This can include compensation for pain and suffering, which is not available under workers’ compensation.
Social Security Disability Benefits
If your injury leads to a long-term disability that prevents you from working, you may be eligible for Social Security Disability Insurance (SSDI) benefits. This federal program provides monthly benefits based on your previous earnings.
At Hurwitz, Whitcher & Molloy, we understand the impact a workplace injury can have on your life and livelihood. Our expertise allows us to evaluate your situation comprehensively and advise on the best course of action for seeking compensation. We can help you navigate the complexities of filing workers’ compensation claims, personal injury lawsuits, or third-party claims. We are dedicated to ensuring that you receive the full compensation you are entitled to.
Determining the appropriate compensation following a workplace injury can be a daunting process. The type of compensation you are eligible for will depend on the specifics of your case, including the nature of the injury and the circumstances under which it occurred. We encourage you to reach out to us at Hurwitz, Whitcher & Molloy for personalized guidance and representation. Our goal is to ensure that your rights are protected and that you receive the compensation you need to recover and move forward.
Workplace Injury in Buffalo NY Statistics
As of 2020, the incidence rate of employer-reported workplace injuries in New York was approximately 2.2 cases per 100 full-time workers. This statistic provides insight into the frequency of workplace injuries within the state, highlighting the importance of safety measures and awareness in the workplace. While this figure offers a general perspective on workplace injuries in New York, specific data for Buffalo, NY, was not readily available in my search. However, this statewide statistic can be indicative of the trends and risks present in various regions, including Buffalo.
Workplace Injury FAQs
What steps should I take immediately after experiencing a workplace injury in Buffalo, NY?
If you suffer a workplace injury in Buffalo, NY, it’s crucial to first seek medical attention, even if the injury seems minor. Report the incident to your employer as soon as possible to ensure it is documented. Additionally, it’s advisable to take photographs of the injury and the accident scene if possible and gather contact information of any witnesses. These actions are essential for a workers’ compensation claim and can be vital if further legal action is needed.
How long do I have to file a workers’ compensation claim in Buffalo, NY?
In Buffalo, NY, the time limit for filing a workers’ compensation claim is generally within two years of the accident or from the date you became aware of a work-related illness. However, it’s important to notify your employer of the injury within 30 days of the accident. Delaying beyond these time frames can jeopardize your ability to receive compensation.
Can I sue my employer for a workplace injury in Buffalo, NY?
New York State’s workers’ compensation laws generally prevent you from suing your employer for a workplace injury. These laws are designed to provide compensation without the need for a lawsuit. However, if your injury resulted from intentional acts or egregious negligence, you might have grounds for a lawsuit. It’s advisable to consult with a legal expert in workplace injuries to explore your options.
Are all employees in Buffalo, NY eligible for workers’ compensation benefits?
Most employees in Buffalo, NY, are covered by workers’ compensation insurance from the first day of their employment. This includes part-time, full-time, and seasonal workers. However, there are some exceptions, such as independent contractors and certain types of volunteers. It’s important to understand your employment status and how it affects your eligibility for workers’ compensation benefits.
What if my workplace injury was caused by a third party in Buffalo, NY?
If your workplace injury in Buffalo, NY, was caused by a third party, such as a vendor or equipment manufacturer, you might have the right to file a third-party liability claim in addition to your workers’ compensation claim. This can provide additional compensation for damages not covered by workers’ compensation, such as pain and suffering. Seeking legal advice is recommended to navigate these complex situations.
Schedule your Consultation Today
Workplace injuries in Buffalo, NY, are governed by specific laws and regulations designed to protect employees. At Hurwitz, Whitcher & Molloy, we understand the complexities surrounding these injuries and the importance of navigating the legal landscape effectively. Whether dealing with workers’ compensation claims, potential lawsuits against negligent parties, or third-party liability issues, it’s crucial for affected individuals to be aware of their rights and the appropriate steps to take. Our firm is committed to providing expert guidance and support to ensure that those who have suffered workplace injuries in Buffalo receive the compensation and care they deserve.
