Compassionate Advocacy in Your Darkest Hour
Losing a loved one to a workplace accident is a catastrophic event that leaves families shattered, both emotionally and financially. When a breadwinner or a family member doesn’t come home because of a fatal incident on the job, you aren’t just dealing with grief, you are facing a mountain of complex legal and financial questions.
At Lewis & Lewis, P.C., our Buffalo workplace fatalities lawyers offer more than just legal expertise; we provide a lifeline to help you secure the benefits and justice your family deserves.
Lewis & Lewis, P.C. represents the families of workers who have lost their lives in Buffalo and across Western New York. Whether the fatality occurred in a manufacturing plant, on a construction site, or during a transportation accident, we fight to ensure surviving spouses and dependents receive maximum death benefits.
With more than 80 years of experience and over $1 billion recovered for our clients since 1944, the team at Lewis & Lewis, P.C. handles the legal complexities of your claim so you can focus on recovering.
Call our Buffalo office at (716) 854-2100 for a private, compassionate case review.
What Benefits Are Available for Fatal Workplace Accidents in Buffalo?
Surviving family members are typically eligible for New York Workers’ Compensation death benefits, which include weekly cash payments equal to two-thirds of the deceased worker’s average weekly wage and reimbursement for funeral expenses up to $12,500. These benefits are designed to provide long-term financial stability for the worker’s legal dependents.
At Lewis & Lewis, P.C., we help families navigate the complex eligibility rules of the New York State Workers’ Compensation Board (WCB). In Buffalo, these benefits are intended to provide a financial safety net for the spouse and dependent children.
If there is no surviving spouse or child, a one-time payment of $50,000 may be made to the deceased’s parents or their estate. We ensure that every calculation, from the “Average Weekly Wage” to the distribution among multiple dependents, is accurate so your family is not shortchanged by an insurance company.
Can I File a Wrongful Death Lawsuit for a Work Fatality in Buffalo?
While workers’ compensation is generally the “exclusive remedy” against an employer, you can file a separate wrongful death lawsuit if a third party, such as a defective machinery manufacturer or a negligent subcontractor, contributed to the fatal accident. These lawsuits allow you to recover damages for pain and suffering, which are not covered by workers’ comp.
Buffalo’s industrial and construction landscape often involves multiple entities on a single job site. If a worker falls from a scaffold or is crushed by equipment due to a third party’s negligence, a lawsuit can provide compensation far beyond what workers’ comp offers.
This includes “loss of consortium” (the loss of a spouse’s companionship) and the conscious pain and suffering the worker experienced before their passing. Our team investigates every detail to identify these third-party opportunities for justice.
How Long Do I Have to File a Death Claim in New York?
In New York, the statute of limitations for a wrongful death lawsuit is generally two years from the date of death. For a workers’ compensation death benefit claim, the limit is also typically two years from the date of the accident or the discovery that the death was work-related.
Waiting to act can be a mistake for your case. If the death involved a government entity (such as a municipal worksite in Buffalo or Erie County), you may only have 90 days to file a “Notice of Claim.” Lewis & Lewis, P.C. acts quickly to preserve evidence, interview witnesses, and file all necessary paperwork. We take the administrative burden off your shoulders so you can focus on your family’s healing process.
Ask Lewis & Lewis
Q: Who is considered a "dependent" for death benefits in Buffalo?
A: In New York, the primary dependents are the surviving spouse and children under the age of 18 (or 23 if they are full-time students). Children with permanent disabilities may be eligible for benefits for life. In rare cases where there is no spouse or child, other family members like parents who were financially dependent on the worker may qualify for benefits.
Q: Does workers' comp cover funeral and burial costs?
A: Yes. For workplace fatalities in Western New York, the law provides for reimbursement of funeral and memorial expenses up to $12,500. This benefit is paid in addition to the weekly cash payments to dependents. We assist you in submitting the necessary documentation to ensure this reimbursement is processed quickly.
Q: What if the worker died of a "slow" occupational disease?
A: Fatalities aren’t always the result of a sudden accident. Many Buffalo workers in the steel and chemical industries have succumbed to occupational diseases like mesothelioma or respiratory failure years after exposure. These are still considered workplace fatalities. The “clock” for these claims often starts when the cause of death is medically linked to the former employment.
Q: Do I have to pay upfront to hire a workplace fatality lawyer?
A: No. We handle these cases on a contingency fee basis. Our fees are approved by a judge and are only paid if we successfully secure a settlement or benefit award for your family. There are no upfront costs to hire us during this difficult time.
Common Industries with High Fatality Risks in Buffalo
Buffalo’s economy relies on hard-working individuals in sectors that carry higher risks of fatal accidents. Our attorneys have deep experience handling claims originating from the region’s most dangerous worksites.
- Construction and Roofing: Falls from heights remain a leading cause of death. We leverage the New York “Scaffold Law” to protect these families.
- Manufacturing and Heavy Industry: Malfunctioning machinery and chemical leaks in plants across Tonawanda and Lackawanna.
- Transportation and Trucking: Fatal collisions involving commercial vehicles on the I-190 or NYS Thruway.
- Logistics and Warehousing: Forklift accidents and “struck-by” incidents in high-traffic distribution centers.
Why Experience Matters When Filing a Fatality Claim
Proving a fatality was work-related requires more than just a death certificate. It requires a firm that knows how to challenge insurance carriers who will try to blame “natural causes” or “pre-existing conditions.”
- Medical-Legal Expertise: We work with forensic pathologists and accident reconstruction experts to prove the exact cause of death.
- Six Regional Offices: We are accessible to families in Depew, Niagara Falls, Olean, Batavia, and Jamestown.
- Dedicated Support: Our primary point of contact, Emily Janicz, provides a single point of communication for your family.
- Trial Readiness: If a third-party insurance company refuses a fair settlement, we are ready to take your case to trial in Buffalo’s Supreme Court.
Frequently Asked Questions
What if the fatal accident was partially my loved one’s fault?
Workers’ compensation is a “no-fault” system. Even if the worker made a mistake, the family is still eligible for death benefits. The only exceptions are if the worker was intoxicated or intended to harm themselves. For a third-party lawsuit, however, “comparative negligence” rules apply, which is why having an attorney to investigate is vital.
What happens to the benefits if the surviving spouse remarries?
If a surviving spouse remarries, the weekly payments stop. However, New York law provides a “remarriage award,” which is a lump sum payment equal to two years (104 weeks) of benefits. Any surviving children will continue to receive their portion of the benefits until they reach the age of majority or finish school.
Can we recover money for "Pain and Suffering"?
Only through a third-party wrongful death lawsuit. Workers’ compensation does not pay for the pain and suffering of the deceased or the emotional distress of the family. This is why we leave no stone unturned—if a manufacturer or subcontractor was at fault, we pursue that lawsuit to ensure your family is compensated for the full human cost of the loss.
How is the "Average Weekly Wage" calculated for a deceased worker?
The state looks at the worker’s earnings over the 52 weeks prior to the accident. If the worker was young or in a union with scheduled raises, we can argue for a “Wage Expectancy” adjustment to increase the benefits for the family.
Will I get in trouble for filing a claim against a Buffalo employer?
No. New York law strictly prohibits retaliation against anyone filing a workers’ compensation claim. Filing for death benefits is your legal right as a survivor, and we are here to protect that right if you face any issues.
We Stand by Buffalo Families
At Lewis & Lewis, P.C., we know that no amount of money can replace a life. But we also know that financial security is the first step toward rebuilding after a tragedy. We have spent decades fighting for the families of Western New York, and we are ready to stand by you.
Our Contact Information:
- Buffalo Office: 37 Franklin St Suite 800, Buffalo, NY 14202 | (716) 854-2100
- Depew HQ: 430 Dick Rd. Depew, NY 14043
- Niagara Falls: 8803 Niagara Fls Blvd, Niagara Falls, NY 14304
Secure Your Family’s Future Today
Don’t let an insurance company dictate what your loved one’s life was worth. Get the legal clarity and advocacy you need.
Call Lewis & Lewis, P.C. at (716) 854-2100 or visit our Buffalo office for a free, private consultation. We are here to help you move forward.
Lewis & Lewis – Personal Injury Lawyer – Buffalo Office Location
Address: 37 Franklin Street #800 Buffalo, NY 14202
Phone: (716) 442-8987
Get Help Today
Fill out the form below, and one of our personal injury attorneys will contact you within 24 hours.
"*" indicates required fields
Satisfied Client Stories
”I liked Lewis & Lewis from the beginning when they helped me sort through all the paperwork related to my injury. They really helped me get organized. But what really impressed me was when my Lewis & Lewis personal injury lawyer obtained thousands of dollars in workers’ compensation benefits that I didn’t even know I was entitled to. My attorney worked hard to get me paid.
Fred T.Kenmore, NY - Steam Fitter
SEE TESTIMONIALS
