Rochester Work Injury Lawyer Fighting for Maximum Compensation
We Fight for Workers Hurt on the Job in Rochester
Rochester’s industrial, healthcare, and construction workers face risks daily, from malfunctioning machinery in manufacturing plants to hazardous conditions on construction sites along the Inner Loop. Even nurses and hospital staff at Strong Memorial Hospital and Rochester General face dangers from unsafe working conditions. When a work injury happens because safety was overlooked, the consequences can be devastating, leaving injured workers with mounting medical bills, lost wages, and uncertainty about the future.
Workers’ compensation helps, but it often falls short – only covering medical bills and a portion of lost wages while ignoring pain and suffering, reduced earning potential, and long-term disability. If a third party’s negligence played a role in your injury, you may be entitled to additional compensation that truly accounts for what you’ve lost.
Unfortunately, proving liability and securing full compensation isn’t easy. Insurance companies and negligent parties will do everything possible to deny responsibility. That’s why injured workers in Rochester turn to Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. With decades of experience fighting for workers’ rights, they know how to hold third parties accountable and secure the full compensation you deserve. Contact them today for a free case evaluation.
FAQs About Rochester Work Injuries
Liability in work injuries isn’t always straightforward, and too many injured workers in Rochester don’t get the full compensation they deserve. Knowing who is responsible – whether it’s a negligent contractor, equipment manufacturer, or property owner – can mean the difference between financial hardship and real recovery. Workers need reliable information from a trusted attorney who understands New York’s liability laws and how to hold the right parties accountable.
- What should I do immediately after a work injury in Rochester to protect my rights?
- Who can be held liable for my work injury besides my employer?
- What are the most common types of work injury claims in Rochester, NY?
- What are the most dangerous industries for work injuries in Rochester and the surrounding area?
- How do I know if I have a third-party claim in addition to workers’ compensation?
- What damages can I recover through a third-party work injury claim that workers’ compensation won’t cover?
- How do New York’s labor laws protect injured construction workers in Rochester?
- What if my employer or their insurance company denies my work injury claim?
- What are the most common causes of serious workplace injuries in Rochester?
- How does working in Rochester’s major industries — construction, healthcare, and manufacturing — affect work injury claims?
- What legal options do I have if defective equipment or unsafe machinery caused my injury?
- What rights do surviving family members have after a fatal work accident in Rochester?
- How do insurance companies try to minimize or deny compensation for work injury claims?
- Can I file a work injury claim if I was hurt while driving for my job in Rochester?
- Why is it important to have an experienced Rochester work injury lawyer handle my case?
What should I do immediately after a work injury in Rochester to protect my rights?
Taking the right steps after a work injury is crucial for protecting your rights and securing the compensation you deserve. Delays or mistakes can give insurance companies and employers reasons to deny or minimize your claim. If you were injured at work in Rochester, follow these steps immediately:
- Report the injury to your employer: New York law requires workers to notify their employer of a work injury within 30 days, but reporting it as soon as possible strengthens your claim.
- Seek medical attention: Even if the injury seems minor, getting a medical evaluation creates documentation that links your condition to the workplace accident.
- Document everything: Take photos of the accident scene, your injuries, and any unsafe conditions that contributed to the incident.
- Get witness statements: If coworkers saw what happened, their statements could support your claim and help prove liability.
- Consult a work injury lawyer: An attorney can guide you through the process, ensuring you file all necessary claims correctly and explore additional legal options beyond workers’ compensation.
Who can be held liable for my work injury besides my employer?
While workers’ compensation prevents most employees from suing their employer, many work injuries involve negligence from third parties. Identifying all liable parties can increase your compensation beyond what workers’ comp covers. Depending on the circumstances of your injury, the following parties could be responsible:
- Property owners: If a slip and fall, falling object, or structural hazard caused your injury at a worksite, the property owner may be liable.
- General contractors or subcontractors: On multi-contractor job sites, a different company’s negligence – such as failing to follow safety regulations – can result in liability.
- Equipment or machinery manufacturers: If a defective tool, machine, or piece of safety equipment contributed to your injury, the manufacturer may be held responsible.
- Negligent drivers: If you were hurt in a vehicle accident while on the job, such as a delivery driver crash on I-490, the at-fault driver may be liable.
- Vendors or outside service providers: If an outside party working on-site created an unsafe condition, they could be held accountable for your injuries.
A work injury lawyer can investigate your case and determine whether a third-party claim is possible, helping you recover more than workers’ comp alone allows.
What are the most common types of work injury claims in Rochester, NY?
Workplace injuries can happen in any industry, but certain types of claims are more common due to the nature of Rochester’s workforce. Some of the most frequent work injury claims include:
- Slip and falls: Icy sidewalks, wet floors, or uneven surfaces cause serious injuries in workplaces ranging from office buildings to construction sites.
- Falls from heights: Workers in roofing, construction, and maintenance suffer falls from ladders, scaffolding, or elevated platforms, often due to inadequate fall protection.
- Machinery and equipment accidents: Malfunctioning equipment, missing safety guards, or improper training can lead to severe crush injuries, amputations, or burns.
- Repetitive stress injuries: Nurses, factory workers, and warehouse employees frequently develop carpal tunnel syndrome, tendonitis, and other overuse injuries.
- Vehicle accidents: Delivery drivers, warehouse workers, and construction employees are at risk of crashes on major roads like I-390 and the Inner Loop.
- Toxic exposure: Industrial workers may be exposed to hazardous chemicals, leading to respiratory diseases or long-term health conditions.
Identifying the exact cause of your injury is key to determining liability and pursuing maximum compensation beyond workers’ comp.
What are the most dangerous industries for work injuries in Rochester and the surrounding area?
Certain industries in Rochester have a higher risk of workplace injuries due to the nature of the job, heavy equipment involved, and exposure to hazardous conditions. The most dangerous industries in the region include:
- Construction: Falls, struck-by accidents, electrocutions, and caught-in machinery injuries are common on major construction sites.
- Manufacturing: Employees in industrial plants face risks from heavy machinery, repetitive motion injuries, and exposure to harmful substances.
- Healthcare: Nurses, aides, and hospital workers suffer back injuries from lifting patients, needlestick injuries, and exposure to infectious diseases.
- Warehouse and transportation: Workers handling heavy loads in warehouses or making deliveries face high risks of overexertion, vehicle crashes, and falling objects.
- Public safety: Police officers, firefighters, and emergency responders in Rochester are frequently injured due to physical altercations, hazardous materials, and high-stress situations.
A lawyer can determine whether unsafe workplace conditions or third-party negligence played a role in your injury, which could impact your right to additional compensation.
How do I know if I have a third-party claim in addition to workers’ compensation?
Not every work injury is limited to workers’ compensation – some cases allow injured workers to pursue a separate third-party liability claim. You may have grounds for a third-party lawsuit if:
- A defective product or piece of equipment caused your injury
- A property owner’s negligence led to unsafe working conditions
- A subcontractor or outside vendor created a hazardous situation
- A reckless driver caused a vehicle crash while you were working
Unlike workers’ comp, a third-party claim allows you to recover damages for pain and suffering, full lost wages, and additional compensation for long-term effects of your injury. A work injury attorney can review your case and determine whether a third-party claim is an option.
What damages can I recover through a third-party work injury claim that workers’ compensation won’t cover?
Workers’ compensation covers medical expenses and partial lost wages, but it doesn’t compensate for the full impact of a work injury. A third-party claim allows injured workers to recover pain and suffering, full lost wages, reduced future earnings, and additional medical costs that workers’ comp doesn’t pay. For example, if a delivery driver is hit by a negligent motorist on I-490 while making a work-related stop, they can file a third-party claim against the at-fault driver’s insurance to recover damages beyond workers’ comp benefits. Injured workers may also pursue claims against negligent property owners, equipment manufacturers, or subcontractors. Since these claims often result in significantly higher compensation, consulting a work injury lawyer can help ensure you don’t leave money on the table.
How do New York’s labor laws protect injured construction workers in Rochester?
New York has some of the strongest labor laws in the country, designed to protect construction workers from dangerous job site conditions. Labor Law 240, also known as the Scaffold Law, holds general contractors and property owners strictly liable for falls from heights, including scaffolding, ladders, and unprotected edges, which are common on high-rise projects in downtown Rochester. Labor Law 241 requires employers to follow strict safety regulations for demolition and excavation work to prevent serious accidents. These laws allow injured construction workers to file lawsuits against negligent parties beyond workers’ compensation. Because the laws are complex and insurance companies fight these claims aggressively, an experienced lawyer can help enforce these protections and maximize compensation.
What if my employer or their insurance company denies my work injury claim?
Employers and their insurance companies often deny valid work injury claims to limit their financial responsibility and protect their bottom line. They might argue that the injury wasn’t work-related, that it was a pre-existing condition, or that the worker didn’t report it properly. For example, if a warehouse worker at the Rochester Public Market suffers a back injury but doesn’t immediately file a report, the insurance company may use that delay to deny benefits. When a claim is denied, the injured worker has the right to request a hearing before the New York State Workers’ Compensation Board, but navigating that process alone can be overwhelming. A work injury lawyer can challenge the denial, gather evidence, and present a strong case to secure the benefits you deserve.
What are the most common causes of serious workplace injuries in Rochester?
Many workplace injuries in Rochester result from preventable hazards and unsafe conditions. The most common causes include:
- Falls from ladders, scaffolding, or elevated surfaces due to missing fall protection.
- Defective or dangerous machinery causing crush injuries or amputations.
- Slip and fall accidents on icy, wet, or uneven surfaces.
- Exposure to toxic chemicals in manufacturing and industrial settings.
- Work-related vehicle crashes involving delivery drivers, truckers, or transit workers.
Determining the cause of your injury is essential for identifying responsible parties and securing full compensation.
How does working in Rochester’s major industries – construction, healthcare, and manufacturing – affect work injury claims?
Working in Rochester’s primary industries exposes workers to unique risks that can influence the outcome of work injury claims. The nature of these industries means injuries often occur under specific conditions that require detailed investigation and authoritative legal understanding. Key industry-specific factors include:
- Construction injuries: Falls, scaffold collapses, and equipment accidents are common, with laws like the Scaffold Law playing a major role in liability.
- Healthcare injuries: Workers may suffer repetitive stress injuries, back injuries from lifting patients, or exposure to infectious diseases, which require thorough medical documentation.
- Manufacturing injuries: High-risk hazards include machine malfunctions, chemical exposures, and repetitive motion injuries that can lead to long-term disabilities.
Understanding these nuances is essential to building a strong case and ensuring full compensation; working with a knowledgeable lawyer can help with these complexities so you are not left to face insurers alone.
What legal options do I have if defective equipment or unsafe machinery caused my injury?
When defective equipment or unsafe machinery causes a work injury, injured workers have legal options that extend beyond standard workers’ compensation. A well-prepared claim can tap into additional avenues of recovery that target third-party liability and product defect claims. Your options typically include:
- Product liability claims: Pursue legal action against manufacturers or distributors if equipment defects contributed to your injury.
- Third-party liability lawsuits: File a claim against contractors or vendors responsible for maintaining safe equipment and work conditions.
- Workers’ compensation plus: In some cases, workers’ compensation benefits can be supplemented with additional recovery through lawsuits against negligent parties.
Because these cases require detailed evidence and expert interpretation of safety regulations, consulting an experienced work injury lawyer can make all the difference in securing the full compensation you deserve.
What rights do surviving family members have after a fatal work accident in Rochester?
When a work-related accident results in death, surviving family members may be entitled to workers’ compensation death benefits and additional compensation through a wrongful death lawsuit. Workers’ comp provides weekly payments to dependents, typically two-thirds of the worker’s average wages, but this often isn’t enough to cover funeral costs, medical bills, and lost future income. If a third party, such as a negligent contractor or equipment manufacturer, contributed to the fatal accident – for example, the collapse of a poorly maintained scaffold at a construction site on Monroe Avenue – a wrongful death lawsuit can help recover full compensation for lost earnings, pain and suffering, and loss of companionship. Because these cases are complex and high-stakes, legal representation is critical to ensuring families receive everything they’re entitled to.
How do insurance companies try to minimize or deny compensation for work injury claims?
Insurance companies often employ various tactics to reduce the compensation paid to injured workers and protect their bottom line. Their strategies are designed to delay the process, downplay the severity of injuries, or shift blame away from their insured parties. Common tactics include:
- Questioning the work-related nature of the injury: Insurers may claim your injury occurred outside of work or as a pre-existing condition.
- Delaying or denying medical evidence: They often argue that provided medical records are insufficient or that recommended treatments are unnecessary.
- Offering lowball settlements: Insurers may pressure you into accepting a settlement that falls far short of what you are entitled to, often citing vague language in your claim.
Because these tactics can significantly impact your ability to receive full compensation, it is crucial to have a knowledgeable lawyer who can challenge these denials and negotiate on your behalf.
Can I file a work injury claim if I was hurt while driving for my job in Rochester?
Yes, if you were injured in a vehicle accident while driving for work, you may be eligible for both workers’ compensation and a third-party claim against the at-fault driver. Delivery drivers, utility workers, and traveling sales employees often face road hazards, and if another driver’s negligence caused the crash – such as a reckless driver running a red light on Lake Avenue – you can pursue additional compensation beyond workers’ comp. However, insurance companies frequently dispute these claims, arguing that the worker wasn’t on duty or that another factor contributed to the accident. A work injury lawyer can gather evidence, handle negotiations, and ensure all available compensation is pursued to cover medical expenses, lost wages, and long-term damages.
Why is it important to have an experienced Rochester work injury lawyer handle my case?
Work injury cases can quickly become complicated, especially when third-party liability, insurance disputes, or permanent disabilities are involved. A lawyer can:
- Investigate liability and identify negligent third parties.
- Handle negotiations with insurance companies to secure full compensation.
- Fight for maximum compensation beyond workers’ comp, including pain and suffering.
Having an experienced attorney on your side increases your chances of getting the full compensation you deserve and avoiding costly mistakes that could hurt your claim.
Get the Compensation You Deserve With a Rochester Work Injury Attorney
A serious work injury can leave you struggling with medical bills, lost wages, and an uncertain future – but you don’t have to fight for compensation on your own. Whether your injury was caused by a negligent contractor, defective equipment, or unsafe job site conditions, you have the right to hold the responsible parties accountable. Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP has been fighting for injured workers for decades, securing maximum compensation for those hurt on the job in Rochester and across New York.
Don’t settle for less than what you deserve. Contact a Rochester work injury attorney at our firm for a free consultation. There are no upfront costs, and you don’t pay a fee unless we win your case.