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Union Worker Injuries Lawyer in Lewiston

Protecting Labor Rights

Guide to Union Worker Injury Claims

If you are a union worker in Lewiston who was injured on the job, you may face medical bills, lost wages, and uncertainty about next steps. Ahearne Law Firm PLLC represents people across Niagara County and the Hudson Valley and offers assistance navigating workers’ compensation and related claims. Attorney Allan J. Ahearne, Jr. and his team focus on helping injured workers understand their options, protect benefits under collective bargaining agreements, and pursue additional recovery when a third party is at fault. Call (845) 986-2777 for a conversation about timelines and next steps so you can focus on your recovery and on ensuring your rights are preserved under New York law.

Workplace injuries for union members can arise from many situations, including falls, equipment accidents, repetitive strain, and exposure to hazardous substances. In many cases, workers’ compensation covers immediate medical care and partial wage replacement, but additional claims against contractors, equipment manufacturers, or other third parties may also be available. Understanding notice requirements, filing deadlines, and how a collective bargaining agreement affects benefits is essential. Our office can help you collect medical documentation, prepare filings with the New York Workers’ Compensation Board, and evaluate whether a separate negligence claim or third-party action is appropriate in your circumstances.

Why Legal Help Matters for Union Worker Injuries

Seeking guidance early can make a meaningful difference in protecting benefits and preserving potential claims. Representation can help ensure that medical records and treatment plans are properly documented, that required notices and filings are made within applicable timeframes, and that interactions with insurers and employers do not unintentionally reduce your recovery. When more than one party may be responsible for an injury, pursuing a third-party claim can provide compensation not available through workers’ compensation alone. Timely, informed action can improve access to medical care, stabilize income while you recover, and increase the chances of securing a fair outcome that addresses both immediate and long-term needs.

About Ahearne Law Firm and Allan J. Ahearne, Jr.

Ahearne Law Firm PLLC is a regional personal injury practice serving Lewiston, Niagara County, and the broader Hudson Valley area. Led by Allan J. Ahearne, Jr., the firm handles a variety of workplace injury matters for union members, assisting with workers’ compensation claims, hearings before the New York Workers’ Compensation Board, and third-party negligence actions when appropriate. The team focuses on clear client communication, careful documentation of injuries and treatment, and strategies to protect rights under collective bargaining agreements. If you need help understanding your options after a workplace injury, the firm provides a direct point of contact and practical guidance throughout the process.

Understanding Union Worker Injury Claims

Union worker injuries commonly involve two distinct legal paths: workers’ compensation and potential third-party claims. Workers’ compensation in New York generally provides no-fault medical benefits and wage replacement regardless of who caused the injury, while third-party claims seek compensation from another responsible party when negligence or defective equipment contributed to the harm. Collective bargaining agreements may affect certain benefits and procedures, so it is important to review union rules and contract provisions early. Prompt reporting of the injury to your employer and timely filing with the Workers’ Compensation Board are fundamental steps to protect your eligibility for benefits and any later claims that might be available.

The process typically begins with getting immediate medical care and notifying your employer, followed by filing a claim with the New York Workers’ Compensation Board if necessary. Medical documentation, treatment notes, and records of lost time from work are essential to supporting benefits. If another party is responsible, preserving evidence and witness statements will be important to any separate claim. The litigation or settlement process for third-party claims can involve negotiation with insurance carriers, settlement discussions, or litigation in state court, while workers’ compensation matters may proceed through hearings before the Board when disputes arise.

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Key Terms and Glossary

Workers' Compensation

Workers’ compensation is a state-run system that provides medical benefits and wage replacement to employees who are injured on the job, typically without regard to fault. In New York, workers’ compensation can cover necessary medical treatment, part of lost wages, and certain disability benefits depending on the severity and duration of the injury. Employees must report workplace injuries to their employer promptly and follow filing procedures with the New York Workers’ Compensation Board. While workers’ compensation provides broad protections, it does not always cover all losses such as pain and suffering, which may be recoverable through a separate claim against a negligent third party in some situations.

Third-Party Claim

A third-party claim seeks compensation from someone other than the injured worker’s employer when that party’s negligence or conduct contributed to the injury. Examples include contractors, equipment manufacturers, property owners, or vehicle drivers whose actions caused or worsened the harm. Third-party claims can potentially provide recovery for damages not available through workers’ compensation, such as pain and suffering and full wage replacement. Pursuing such a claim typically involves developing evidence of fault, coordinating with insurers, and assessing how any recovery will interact with workers’ compensation lien rights and any obligations under a collective bargaining agreement.

Collective Bargaining Agreement

A collective bargaining agreement is a contract between a union and an employer that sets terms for wages, benefits, workplace procedures, and dispute resolution. For injured union members, the CBA can affect how medical benefits, disability leave, and return-to-work procedures are handled, and it may include processes for reporting injuries or resolving benefit disputes. Reviewing the CBA can clarify whether certain steps are required before pursuing outside claims and whether union-provided benefits coordinate with workers’ compensation. Understanding the terms of the agreement helps ensure that any filings or negotiations comply with contractual obligations and protect the member’s available remedies.

OSHA and Safety Reports

OSHA, the Occupational Safety and Health Administration, sets and enforces workplace safety standards and collects reports of certain workplace injuries and hazards. While OSHA enforcement is separate from a worker’s personal injury or workers’ compensation claim, OSHA inspections and safety reports can provide important documentation about unsafe conditions, violations, and prior hazards that may support a third-party negligence claim. Employers, unions, and workers can use OSHA records to identify patterns of unsafe conduct and to establish that a condition was hazardous. Such records are often helpful when developing a full picture of why an injury occurred and who may be responsible.

PRO TIPS

Report Injuries Immediately

Report your injury to your employer as soon as possible and make a written record when permitted, because timely notice is often required under workers’ compensation rules and collective bargaining agreements. Prompt reporting helps ensure your claim is accepted and creates a clear timeline for medical treatment and wage-loss benefits while reducing disputes about when the injury occurred. Early notification also preserves important evidence and witness memories that can support any subsequent claim against a third party or during formal Board proceedings.

Document Medical Care Carefully

Keep thorough records of all medical visits, diagnoses, treatments, and prescribed rehabilitation because these documents form the backbone of both workers’ compensation and third-party claims. Request copies of medical records and maintain a personal file with dates, provider names, and summaries of symptoms and limitations to show how the injury affected your daily life and ability to work. Detailed medical documentation helps support requests for appropriate benefits and can be decisive when insurance carriers review the claim or when a hearing is necessary to resolve disputes.

Preserve Evidence and Witness Information

Collect contact information from coworkers and supervisors who witnessed the incident and preserve any physical evidence such as damaged equipment, photographs, or clothing, as this material can be persuasive in third-party claims. Take photos of the scene and any hazards, and note dates and times while details remain fresh, because memories fade and physical conditions can change quickly. Storing this information in a single place makes it easier to evaluate potential liability and supports more effective communication with insurers, union representatives, and legal counsel if formal claims proceed.

Comparing Legal Options for Injury Recovery

When Comprehensive Representation Is Advisable:

Complex Medical Needs

When injuries require ongoing medical care, surgery, or long-term rehabilitation, a comprehensive approach helps coordinate medical documentation and benefits to cover future needs and potential lost earnings. Thorough review of treatment plans and prognosis is essential to estimate the full scope of recovery and to determine whether additional claims for long-term damages are warranted. A comprehensive strategy can address both immediate benefits and future care needs so that medical and financial planning proceed in a coordinated manner.

Multiple Responsible Parties

When more than one party may be at fault, such as a contractor working on site and a manufacturer supplying faulty equipment, a comprehensive review helps identify all possible avenues for recovery and coordinates claims appropriately. Properly evaluating liability among multiple parties can increase the available recovery and avoid leaving potential claims unpursued. Careful handling of multiple-defendant cases also helps address lien rights, apportionment of fault, and settlement strategy in a way that protects the injured worker’s interests.

When a Limited Approach May Be Sufficient:

Minor Injuries with Quick Recovery

For relatively minor injuries that heal quickly with minimal treatment and no ongoing limitations, pursuing routine workers’ compensation benefits and returning to work may be sufficient rather than pursuing broader claims. In these scenarios, a focused approach that documents treatment and secures wage replacement while recovery proceeds can be the most efficient path. It remains important to confirm that no additional parties or latent complications exist that could warrant a different strategy.

Clear Workers' Compensation Coverage

When the injury is clearly covered by workers’ compensation and there is no indication of third-party fault, a limited approach centered on benefits administration and timely medical care can resolve the matter effectively. Ensuring all filings and employer notifications are handled properly will typically preserve entitlement to benefits without extensive additional action. Even in straightforward cases, keeping complete records and understanding appeal rights can prevent later disputes if complications arise.

Common Circumstances That Lead to Union Worker Injury Claims

Construction Site Falls

Falls from scaffolding, ladders, roofs, or elevated platforms are frequent causes of serious injury among union construction workers, and such incidents often lead to claims for medical care and time off work. Documenting the scene, safety measures in place, and witness information helps establish how the fall occurred and whether third-party negligence or defective equipment contributed to the accident.

Machinery and Equipment Accidents

Accidents involving heavy machinery, powered equipment, or malfunctioning tools can cause catastrophic injuries and may involve claims against equipment manufacturers or contractors in addition to workers’ compensation. Preserving the device or taking photographs and gathering maintenance records can be important when evaluating whether a third party bears responsibility for a malfunction or unsafe condition.

Exposure to Hazardous Substances

Prolonged exposure to chemicals, asbestos, or other hazardous materials can produce injuries or occupational illnesses that may not appear immediately, and these situations often require careful medical tracking and documentation over time. Identifying employers, subcontractors, and historic site conditions helps determine liability and supports claims for both current medical care and any future health monitoring that may be necessary.

Lewiston Union Worker Injury Attorney

Why Hire Ahearne Law Firm for Union Worker Injuries

Ahearne Law Firm PLLC focuses on representing injured workers in the Lewiston and Niagara County area, providing assistance tailored to the region’s industries and union environments. Attorney Allan J. Ahearne, Jr. works directly with clients to gather medical evidence, coordinate with union representatives when appropriate, and pursue all available avenues for recovery under New York law. The firm aims to communicate clearly about options, deadlines, and likely next steps so that clients can make informed decisions while concentrating on recovery and returning to work when possible.

Clients receive dedicated attention to their claims, including help preparing filings with the Workers’ Compensation Board, negotiating with insurers, and evaluating potential third-party claims when other parties share responsibility. The office can explain how a collective bargaining agreement affects benefits and can assist with appeal procedures if disputes arise. If you prefer a direct conversation about your situation, call (845) 986-2777 to schedule a consultation and learn more about the practical steps to preserve benefits and pursue additional recovery where appropriate.

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Allan J. Ahearne Jr. Lewiston

FAQS

What should I do immediately after a workplace injury?

After a workplace injury, seek necessary medical attention right away and make sure the visit and any treatment are documented in writing. Prompt medical care protects your health and creates essential records for any workers’ compensation or other claims. You should also notify your employer as soon as possible in the manner required by company policy and your collective bargaining agreement, and preserve contact information for witnesses, take photographs of the scene, and keep copies of medical records and any incident reports to support later filings or hearings.

Do union members file workers' compensation differently?

Union members generally follow the same statutory process for workers’ compensation claims as other employees, but collective bargaining agreements can add contract-specific procedures for reporting injuries, accessing certain benefits, or resolving disputes. It is important to read the applicable agreement to confirm any steps required by the union or employer. Coordinating with union representatives can help ensure you meet contractual obligations and access available union benefits, while still pursuing statutory workers’ compensation entitlements through the New York Workers’ Compensation Board when appropriate.

Can I sue a third party in addition to workers' compensation?

Yes, you can pursue a third-party claim in addition to workers’ compensation when another party’s negligence or defective equipment contributed to your injury, because workers’ compensation is no-fault and does not preclude separate lawsuits against responsible third parties. Third-party claims may allow recovery for items not covered by workers’ compensation, such as pain and suffering and additional wage losses. It is important to preserve evidence and identify the potential third parties early, because liens and subrogation interests may affect how settlements are structured and how compensation from different sources is allocated and resolved.

How long do I have to file a workers' compensation claim in New York?

In New York, you should report your injury to your employer as soon as possible and file a formal claim with the New York Workers’ Compensation Board within the timelines set by law; failing to do so can jeopardize benefit eligibility. Specific deadlines can vary depending on the nature of the injury and circumstances, so early action helps preserve your rights. If there are any questions about timing or the proper forms to submit, obtaining guidance promptly ensures filings are completed correctly and any appeal deadlines are tracked in case disputes arise with the carrier or employer.

Will my collective bargaining agreement affect my claim?

A collective bargaining agreement may include provisions about reporting procedures, union representation during certain meetings, or supplemental benefits that work alongside workers’ compensation, and these terms can influence how a claim is managed. Reviewing the CBA early helps clarify what steps you must follow to maintain eligibility for contract-based benefits. Understanding both the CBA and statutory rights prevents conflicts between union procedures and workers’ compensation filings, and it helps ensure you take the actions necessary to preserve all available recoveries under the agreement and state law.

What types of damages can I recover in a third-party claim?

Third-party claims can seek compensation for losses that workers’ compensation does not cover, including pain and suffering, full lost wages beyond workers’ compensation caps, loss of future earning capacity, and certain out-of-pocket expenses. The recoverable items depend on the facts of the case and applicable law governing negligence and damages. Any recovery may also need to account for workers’ compensation liens or subrogation claims, so coordinating settlement discussions to address lien rights and distribution of proceeds is important when resolving third-party matters.

How does the New York Workers' Compensation Board hearing process work?

If a workers’ compensation claim is disputed, matters may proceed to a hearing before the New York Workers’ Compensation Board where each side can present evidence, witness testimony, and medical reports to support its position. The Board considers medical findings, employment records, and testimony when making determinations about benefit entitlement and disability ratings. Preparation for a hearing includes gathering medical documentation, witness statements, and any relevant contract language from a collective bargaining agreement, and being prepared to explain how the injury occurred and the nature of ongoing treatment and limitations.

What if my employer disputes my injury claim?

If your employer disputes the claim, it is important to continue with required medical treatment, maintain detailed records, and follow filing instructions with the Workers’ Compensation Board so that the claim can be reviewed on its merits. Disputes commonly lead to hearings where evidence is evaluated and decisions are issued by the Board. Keeping clear communication with union representatives and documenting each step you take helps create a strong administrative record and supports any appeals or additional claims that may be necessary to secure benefits and address disputed issues.

How do I preserve evidence after an equipment accident?

Preserve any damaged equipment, tooling, or clothing and take photographs of the scene and of the device in its current condition, because physical evidence and images can be critical in establishing defects or unsafe conditions. Collect maintenance logs, inspection reports, and contact information for anyone who witnessed the incident to strengthen the claim. Store these materials and avoid altering or disposing of the evidence without guidance, as doing so can harm your ability to pursue a third-party claim or to support findings at a hearing, and notify relevant parties that evidence has been preserved to establish chain of custody and relevance.

Can I return to light duty and still pursue benefits?

Returning to light duty work while pursuing benefits is possible in many cases and may be encouraged to maintain income and facilitate recovery, but it is important to document any work restrictions and to coordinate with treating providers to avoid aggravating the injury. Keep records of dates and duties performed while on light duty to show how limitations affect earning capacity and recovery. Discussing return-to-work options with both medical providers and your union or employer helps ensure accommodations align with treatment plans and that any change in duties is properly recorded for benefit purposes and for any future claims regarding ongoing limitations or lost wages.

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