Personal Injury

The New York State Workers’ Compensation Law bars injured workers from suing their employer or co-worker for suffering an injury on the job, except for a few rare exceptions. Thus, for the vast majority of work injuries Workers’ Compensation is your exclusive remedy. But for some people who suffer an injury at work, it is possible to have both a Workers’ Comp case and a Personal Injury lawsuit in Civil Court at the same time. This situation generally arises when a “third party” (i.e. someone other than your employer) is involved in causing your work injury.

A personal injury lawsuit has a major advantage over a claim for workers compensation: a personal injury award allows damages for the injured party’s “pain and suffering.” This is not the case in a New York State Workers’ Compensation case.

Injured workers can sue under a theory of negligence if someone other than the employer or a coworker is responsible for the harm. However, personal injury lawsuits against a third party are not always obvious to spot.

For example, a third party might be the designer or manufacturer of unsafe industrial equipment which caused or contributed to the work injury. Many factory machines are just by nature very unsafe, but have safety or emergency switches to stop operation at the sign of trouble. If that safety switch or “kill switch” failed to work as intended and caused a severe injury, the designer or manufacturer of the machine could be liable for that additional harm.

Call Steenberg Law Firm at (716) 558-2000 if you have any questions about an injury you or a loved one may have suffered.

Frequently Asked Questions

What is “No-Fault” insurance?

No-Fault insurance pays for various expenses for people injured in New York car accidents. It applies to the occupants of a car (also includes pickups, SUVs, and most vehicles, but not motorcycle drivers or passengers), and also to pedestrians and bicyclists who are hit by a car.

Submit your medical expenses and lost wages to the No-Fault insurance company, which is the insurance company for the car you were in (or the car that hit you if you were a pedestrian or bicyclist). They should provide you with the necessary paperwork. We can help you figure out which company to contact.

Make sure your doctors and other health care providers know that your case involves a car accident and that all expenses should be covered by No-Fault. They will need to know the name of the insurance company along with the policy number and/or claim number.

What is a typical attorney fee in a personal injury case?

For most personal injury lawsuits, there is no fee unless you collect money yourself. Buffalo, NY Personal Injury attorneys typically charge a one-third contingency fee. When the claim is resolved, the attorney’s law firm gets reimbursed for expenses paid out of the award and then the attorney receives a one-third fee.

Our Personal Injury Team

Jeff Steenberg

Attorney / Owner

John "JP" Marzocchi

Attorney

Ryan P. DiFlavio

Attorney

Pierce V. Young

Attorney

Scott R. Orndoff

Attorney/Of Counsel

7.3Jeffrey M. Steenberg
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