What You Need To Know After A Workplace Injury In Erie County

In this article, you will discover:

• The key differences between personal injury and workers' compensation claims.
• The essential evidence you should gather at the scene of an injury.
• The New York laws that protect workers from employer retaliation when filing injury claims.

What Should I Do First After Being Injured At Work In Eerie County, New York?

The first thing you should do after a workplace injury is to prioritize your health—seek medical attention immediately. Getting the care you need helps protect your well-being and prevents your injury from worsening. Once you’ve seen a doctor, let your family—your spouse, children, or parents—know what happened and whether you’re heading to the hospital.

After taking care of these urgent steps, contact a personal injury attorney in your area to explain what occurred. Workplace injuries can lead to important decisions early on, and the choices you make right after the incident can have a big impact on your case. An attorney can guide you through your options and help ensure your rights are protected.

What Is The Difference Between A Personal Injury Claim And A Workers’ Compensation Claim In New York?

A workers’ compensation claim covers injuries that are entirely tied to your employer. For example, if you slip on a wet floor at work and the person who mopped it is an employee of your company, your claim would fall under workers’ compensation.

A personal injury claim involves someone outside your employer’s organization, such as a contractor or third party. For instance, if your workplace is in a leased building and the floor was mopped by a cleaning service hired by the building’s owner—not your employer—you might file a personal injury claim against that cleaning service instead.

If I’m Able To, What Type Of Evidence Should I Collect At The Scene Of My Accident?

Your health comes first. If gathering evidence immediately would put your safety at risk, don’t worry—there are other ways to collect what you need later. Never compromise your well-being for the sake of a potential claim.

If it’s safe to do so, start by taking photos. Capture the accident scene, any hazards or defects that may have contributed to the injury, and anything else you think might be relevant. This could include pictures of yourself, the surrounding environment, or items involved in the accident.

If equipment was issued to you, take photos of it. For example, in a slip-and-fall case, keep your shoes and document their condition. Don’t throw away anything that might be important. Small details, like proving your shoes had proper tread, can help show that you weren’t negligent or partly to blame for the accident.

Can I Choose My Doctor For A Workplace Injury In New York?

Yes, you can choose your doctor for a workplace injury. Workers’ compensation will cover your medical bills, but they may also require you to visit certain doctors within their network for evaluations.

Are There Laws In New York That Protect Me From Being Fired For Filing A Claim?

Yes, New York has strong laws to protect workers from retaliation for filing a workers’ compensation claim.

The key protection is under New York Workers' Compensation Law §120, which makes it illegal for an employer to discriminate against or fire an employee for claiming or attempting to claim workers’ compensation benefits.

To take advantage of this protection, you’ll need to prove that your employer fired you specifically because you filed a claim, which can be challenging. However, this law is designed to deter employers from retaliating against employees for exercising their rights.

Additional protections include New York Labor Law § 740 (the whistleblower law) and New York Labor Law §736 (the Employee’s Bill of Rights), which further safeguard workers against retaliation or discrimination in various scenarios, including workers’ compensation claims. Together, these laws provide extensive protections for employees in New York.

Wondering If You Have A Workplace Injury Claim In New York? We’re Here To Help.

We’ve handled cases where clients were injured at work, but it’s important to note that not all workplace injuries fall under personal injury law. If your case is strictly a workers’ compensation claim, we can connect you with trusted colleagues who specialize exclusively in workers’ compensation law.

If there is a potential claim against a third party—someone other than your employer or co-worker—we can assist with that aspect of your case. Third-party claims often arise in situations involving contractors, equipment manufacturers, or other external parties whose negligence contributed to your injury.

Regardless of the details of your unique situation, we’d be happy to speak with you and help you decide the best way to move forward with your case.

Still Have Questions? Ready To Get Started?

For more information on Workplace Injuries In Erie County, an initial consultation is your next best step. Get the information and legal answers you seek by calling the Pigott Law Group at (716) 919-4100 today.