Workers' Compensation and Third Party Liability

Jed Dietrich, Esq. and His Team of Aggressive, Tenacious and Hardworking Personal Injury Attorneys at the Dietrich Law Firm P.C. Battle for People Injured in Work-Related Accidents.

Each year, thousands of workers are seriously injured on the job throughout New York State. According to the U.S. Bureau of Labor Statistics, in 2017 alone, there were 203,100 recorded nonfatal cases of occupational injuries and illnesses that occurred in New York. Unfortunately, 313 fatal injuries also took place as a result of negligence and hazardous working conditions.

All too frequently, mishaps on the job cause severe injuries that force employees to miss work and prevent them from earning a desperately needed paycheck. In New York, work-related injury claims fall under special rules that were established to minimize the amount of litigation between employers and their employees. However, when an employee is injured while working as a result of the actions of an outside party, the employee may be entitled to additional compensation through a third-party injury claim. Third-party claims can hold someone, other than the worker’s employer, responsible for the accident that caused the worker’s serious injuries.

Workplace accident victims need the best personal injury lawyer in Buffalo, New York fighting on their side. Since 1999, Jed Dietrich, Esq., recognized as a Best Lawyer of America and New York Super Lawyer, has exclusively represented people who suffered serious personal injuries because of someone else’s wrongdoing. At the Dietrich Law Firm P.C., our team of highly experienced Buffalo, New York third-party liability injury accident attorneys are dedicated to your cause and determined to aggressively and tenaciously pursue the compensation that you deserve after a work-related accident.

Insurance companies have paid Jed Dietrich, Esq. and his highly experienced, top rated and elite team of Buffalo, New York third-party liability workplace injury lawyers over $175,000,000.00 to compensate his clients for their serious personal injuries. Call the Dietrich Law Firm P.C., recognized as a Best Law Firm of America, TODAY at 716-839-3939 for a free consultation if you were seriously injured in Buffalo, Niagara Falls, Rochester, Albany or somewhere else in New York State. We are available 24 hours per day and 7 days per week to discuss your claim, and we never charge a fee unless we win for you!

In the event of an injury, most employees in New York are covered by workers’ compensation insurance, which provides them with specific benefits. Under New York workers’ compensation law, when an employee files a workers’ compensation claim, his or her employer’s insurance company will pay for medical expenses related to their injury. In addition, injured employees are entitled to collect a percentage of their wages if they are medically determined to be partially, totally, temporarily or permanently disabled due to the work-related accident. According to the New York State Workers’ Compensation Board, claimants previously earning $400.00 per week at work who are 100% disabled after an on-the-job accident would receive $266.67 per week through workers’ compensation.

Eligible employees receive these benefits so long as the employee files a claim. Importantly, workers’ compensation is not a lawsuit and does not establish liability or prove that the employer did something wrong. Unfortunately, both the coverage of accident-related medical expenses and wage benefits are limited and sometimes end up being inadequate. Employers’ insurance companies are also notorious for underestimating the value of employees’ claims. As a result, injured workers end up recovering less money than they would in a personal injury lawsuit.

If you, or someone you love, were seriously injured in a workplace accident, contact Jed Dietrich, Esq. and his aggressive, tenacious and hardworking team of personal injury lawyers at the Dietrich Law Firm P.C., recognized as a Best Law Firm of America, today at 716-839-3939. We are available 24 hours per day and 7 days per week, and there is never a fee unless we secure a winning result for you! Jed Dietrich, Esq. and his team of Buffalo, New York third-party liability injury accident attorneys are ready to take action and battle to obtain the best result for you if you were injured by someone else’s negligence. Contact us today.

In New York State, it is the general rule that employees cannot file lawsuits against their employers for injuries that are work-related—even in cases that involve an employer’s negligence. Section 29(6) of the New York Workers' Compensation Law identifies workers’ compensation as the exclusive remedy for employees who are injured at work.

However, in many situations there are other parties, besides the worker’s employer, that can be held accountable for an employee’s injuries. Third-party lawsuits can be filed by employees outside of the workers’ compensation system depending on the unique circumstances surrounding their injuries. Determining whether or not a third-party injury claim exists can be difficult and requires the help of an experienced personal injury attorney. Often a third-party’s conduct leads to a workplace accident without the employee even realizing it. Responsible third-parties commonly include:

1. Property owners;
2. Independent contractors;
3. General contractors;
4. Subcontractors;
5. Manufacturers;
6. Distributors;
7. Vendors or Retailers;
8. Motorists; and
9. Pedestrians.

When a third-party is even partially responsible for a workplace accident that results in injuries, injured workers can pursue a lawsuit against that third-party for compensation for their injuries. For instance, if an employee was injured while working on someone else’s property, and the property owner’s negligence is the cause of the injury, the employee may have a third-party claim against the property owner. Another common example involves an employee who is injured in the workplace because of a defective or dangerous product. In that instance, the injured employee may be able to recover compensation from the device’s manufacturer.

If you, or a loved one, were injured in a workplace accident caused by someone else’s negligence, contact the Dietrich Law Firm P.C., recognized as a Best Law Firm of America, today at 716-839-3939. Our Buffalo, New York third-party liability workplace injury lawyers are ready to fight for the compensation that you deserve for your injuries that resulted from someone else’s negligence.

In cases where another party contributed to an employee’s work-related accident and injuries, the employee may pursue a third-party liability claim. A third-party liability claim can compensate a worker for losses not covered by workers’ compensation. Workers’ compensation benefits are limited and do not compensate injured workers for their pain and suffering.

In cases where a third-party lawsuit is applicable, victims can pursue reasonable and full compensation for their injuries. This may include compensation for the following:

1. Medical expenses including treatment, medications, and equipment;
2. Permanent disability;
3. Lost wages;
4. Diminished earning capacity;
5. Pain and suffering;
6. Decreased quality of life; and
7. Loss of consortium.

Workers in New York State generally have only two years to pursue workers’ compensation claims. Typically, you should notify your employer of any work-related injury and file a claim immediately to make certain that your rights are protected.

Additionally, the statute of limitations, or the time within which a person must file a lawsuit, for personal injury lawsuits is generally three years. However, this time may be much shorter depending on the type of accident that occurred and the people or entities that are involved. After an accident, it is wise to promptly meet with an experienced injury lawyer with years of experience, like Jed Dietrich, Esq., in order to identify the time you have to file a claim to make sure your rights are preserved.

Jed Dietrich, Esq. has been handling serious personal injury cases since 1999 and has the experience and proven results to help you get the compensation you deserve for your injuries. If you were injured through the actions of someone else, you need a dedicated personal injury attorney to investigate your accident and advocate for your rights. Contact the Dietrich Law Firm P.C. today at 716-839-3939 for your free consultation with our team of Buffalo, New York third-party liability injury accident attorneys. We are Buffalo, New York’s aggressive, tenacious and hardworking injury lawyers, and we are ready to serve you. Call us today.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!