Workplace Injury Attorney in Schenectady, NY

When you suffer an injury at work, the resulting pain and stress can feel overwhelming. Beyond your immediate health concerns, you may worry about your family’s financial future. In these challenging moments, having an experienced Schenectady work injury lawyer by your side can make all the difference in securing the compensation you deserve.

At Dalmata, Maloy, & Burke, LLP, our dedicated attorneys understand the complexities of workplace injury cases and have built a reputation for fighting tirelessly on behalf of accident victims throughout New York’s Capital Region. Our experienced legal team combines trustworthiness with personal attention to ensure every client receives the reputable representation they need during this difficult time.

If you’ve suffered harm on the job, contact DMB Legal today for a free consultation to discuss your legal options. You pay nothing upfront for us to start on your case, and there are no fees unless we successfully resolve your matter.

How a Schenectady, NY, Attorney Can Help with Your Workplace Injury Claim

A Schenectady work injury attorney can provide guidance through the often-complex process of seeking compensation. The lawyers at DMB Legal will evaluate your case and help you understand all available avenues for recovery, including workers’ compensation benefits and potential third-party claims.

Our attorneys will handle all communication with insurance companies, which is often one of the most challenging aspects individuals face when filing a claim. We understand that insurance adjusters often try to minimize payouts, and our experienced team will work diligently to secure maximum compensation for all your injury-related costs.

Additionally, a work injury lawyer in Schenectady can determine whether your case involves third-party liability. This could significantly increase your potential financial recovery beyond what workers’ compensation provides. We will investigate the circumstances surrounding your injury to identify all responsible parties and pursue every available legal remedy and avenue of compensation.

Reach out to DMB Legal today to schedule your free, confidential case review and discover the difference we can make for your work injury lawsuit.

What Does New York Workers’ Compensation Cover?

New York workers’ compensation benefits are available to most employees who suffer job-related injuries or illnesses. This no-fault system covers the following:

• Medical expenses for all reasonable and necessary medical treatment related to your work injury
• Partial wage replacement, typically covering two-thirds of your average weekly wage while you’re unable to work
• Disability benefits for permanent impairments resulting from your injury
• Vocational rehabilitation to provide retraining services if you cannot return to your previous position

Workers’ compensation benefits are available regardless of who caused the accident, making it an important safety net for injured workers. However, these benefits often fall short of fully compensating victims for their losses, which is why exploring additional legal options becomes crucial.

What’s the Difference Between a Workers’ Compensation Claim and a Third-Party Claim?

Before embarking on your legal journey, it is essential to understand the distinctions between workers’ compensation and third-party claim options.

Workers’ compensation is an insurance program that provides guaranteed benefits, but it also limits the types of compensation available. For instance, you cannot recover money for pain and suffering. Moreover, the wage replacement you get covers just a portion of your pre-injury average weekly earnings.

A third-party claim, on the other hand, allows you to pursue full compensation from parties other than your employer who contributed to your injury. These claims allow you to seek compensation for pain and suffering, complete wage replacement, property damage, and other losses not covered by workers’ compensation. However, to succeed in a third-party claim, you must prove that another party was negligent or otherwise responsible for your injury.

While workers’ compensation may offer quicker benefits, the compensation from a third-party claim can be more comprehensive when applicable.

When you work with DMB Legal, we can assess your workplace injury claim and its circumstances to determine who could be held liable. Contact us today for a free, confidential case review.

What About Filing a Third-Party Claim While I’m Receiving Workers’ Compensation?

“Can I file a third-party claim while receiving workers’ compensation?” is one of the most common questions that injured workers bring to us. Fortunately, New York law allows you to pursue both types of claims simultaneously, provided that different parties are responsible.

When you recover money through a third-party claim, your workers’ compensation insurance carrier may seek reimbursement for benefits they paid. However, this arrangement often still results in greater overall compensation for the injured worker than relying solely on workers’ compensation benefits.

DMB Legal team can help coordinate both claims to seek maximum compensation while protecting your interests in any reimbursement discussions with your workers’ compensation carrier. Contact us today to schedule a complimentary consultation, where we can review your case and explain your legal options.

How Long Do I Have to File a Third-Party Work Injury Lawsuit in New York?

In New York, you generally have three years from the date of your injury to file a third-party personal injury lawsuit. However, certain circumstances can affect this timeline.

Some exceptions to the three-year rule include cases involving government entities (which may have much shorter notice requirements) and situations where the injury wasn’t immediately apparent. Additionally, if your injury involves exposure to toxic substances, the statute of limitations clock may not start running until you discover the connection between your illness and your workplace exposure.

Given the many potential variables, you should seek legal advice promptly. This way, you can avoid losing your right to pursue third-party compensation through the court system due to missed deadlines. At DMB, our attorneys can make sure that all necessary documents get filed within the timeframe, which would protect your right to pursue the compensation you deserve.

Is It Possible to Sue My Employer for a Work-Related Injury?

“Can I sue my employer for a work injury?” is another question our team frequently receives from injured workers. In most cases, the answer is no. New York’s workers’ compensation system is specifically designed to keep workers from suing their employers for workplace injuries. In exchange, they get access to guaranteed benefits regardless of fault.

However, there are exceptions to this general rule, such as the following:

• If your employer deliberately caused your injury
• If your employer failed to carry the required insurance
• When your employer also serves in another capacity that contributed to your injury

These exceptions are rare and require careful legal analysis to determine whether they apply in your specific situation. At DMB Legal, our lawyers have the experience and knowledge to thoroughly investigate and determine whether your employer could be held liable.

What Are Common Types of Workplace Injuries?

Workplace injuries can take many forms and occur in any industry. Some of the most frequent types include the following:

• Slip-and-fall accidents due to wet floors, inadequate lighting, or cluttered walkways
• Repetitive stress injuries, which develop over time from repeated motions or poor ergonomics
• Machinery accidents involving defective equipment or inadequate safety protocols
• Burns and chemical exposure (particularly common in manufacturing and industrial settings)
• Transportation accidents, including vehicle crashes during work-related travel

Construction workers face additional risks such as falls from heights, being struck by objects, and electrocution. Healthcare workers frequently experience back injuries from lifting patients and needle stick injuries.

What Are Typical Third-Party Work Injury Cases?

Common third-party work injury cases arise when parties other than your employer contribute to your workplace injury. These situations provide opportunities for additional compensation beyond what workers’ compensation benefits can offer. The more common ones include the following:

• Motor Vehicle Accidents – These cases often arise when another driver causes a crash during work-related travel.
• Defective Products – Equipment manufacturers may be liable for injuries caused by faulty machinery.
• Construction Site Accidents – Property owners, general contractors, or subcontractors may bear responsibility.
• Premises Liability – Building owners who fail to maintain safe conditions for visiting workers can be held accountable.
• Toxic Substance Exposure – Chemical manufacturers or suppliers may be liable for exposure-related illnesses.

Each type of third-party case requires specific evidence and legal strategies to prove liability and secure compensation.

Understanding how to prove a third party was negligent is important when pursuing the compensation you deserve. You must demonstrate that another party’s actions or lack of intervention resulted in your injuries.

Evidence that can help you prove your third-party case includes the following:

At DMB Legal, we can thoroughly investigate your case to gather the strongest possible evidence supporting your claim. Reach out to us today for your free, no-obligation case evaluation.

Do I Need to Hire a Workers’ Comp Attorney After a Job Injury?

While working with a lawyer is not legally required, hiring an experienced workers’ compensation attorney is a wise choice. Insurance companies often deny or minimize claims, and the legal process can be complex and confusing for those without legal training.

An attorney can help ensure you are aware of all the benefits you’re entitled to, handle appeals if the insurer denies your claim, and identify potential third-party claims you might not have considered. The lawyers at DMB Legal emphasize personalized representation and close client relationships. We fight more passionately on your behalf because you’re not just another case number to us.

Our reputable law firm takes pride in the fact that clients return to us for their future legal needs, as they trust our commitment to excellence and appreciate being treated with respect and care. With attorneys available 24/7 and a quick response time for calls, messages, and emails, we’re always accessible when you need us most.