Workplace Accidents

Phillips Lytle has a long history of successfully defending manufacturing facilities and businesses against litigation stemming from injured workers.

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Guidance and Counsel in Workplace Injury Lawsuits

Workplace accident claims frequently involve outside contractors, multiple parties, contracts and insurance coverage. Promptly recording and preserving evidence, including documents, is critical to defending claims from a work-related injury. Litigation surrounding workplace injuries often turns on issues such as “supervision and control,” enforceability of indemnity and insuring agreements under New York State’s statutory law and common law, liability under New York State Labor Law §§ 240(1) and 241(6), and the liability of an employer under New York’s Workers’ Compensation Law.

Workplace accidents put considerable strain on businesses and require vigilance on the part of management to ensure a reasonably safe working environment. Distinguishing between worker negligence and a legitimately injured worker can be difficult, especially when accidents occur without witnesses. Our attorneys excel at providing our clients the proper guidance and counsel as they manage workplace injury lawsuits brought against businesses or organizations.

Phillips Lytle has a long history of successfully defending manufacturing facilities and businesses against litigation stemming from injured workers. Our attorneys have obtained successful determinations on such workplace accidents at every stage of litigation in the state and federal courts across New York State.

Preparing for Workplace Accident Litigation

It is important to follow a number of key steps if someone is injured on the job at your workplace or facility. Managing workplace injury lawsuits requires swift and calculated action. Our attorneys execute the key steps needed to collect evidence and documentation which will be required in the event litigation follows as a result of workplace injuries. These steps are crucial in the preparation of any litigation following workplace accidents as an injured worker seeks lost wages or has filed a workers’ compensation claim.

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Workplace Accident Case Success

Phillips Lytle’s defense attorneys have a long history of success in workplace accident defense. Some of the most notable examples of our work involve workplace injuries and litigation, including working with a major chemical manufacturer, providing guidance in a suit in support of general contractors and other notable clients with workplace injuries and workplace injury lawsuits.

Some examples of our noteworthy workplace injury success:
  • Represented major chemical manufacturers in workplace accident cases, including obtaining outright dismissals of such cases and obtaining defense and indemnification from contractors in instances where outright dismissal was not obtainable. See, e.g., Gascoyne v. Occidental Chem. Corp., 23 A.D.3d 1021 (4th Dep’t 2005) and Zito v. Occidental Chem. Corp., 259 A.D.2d 1015 (4th Dep’t 1999).
  • Represented numerous clients in connection with the most serious types of industrial accidents, including explosions, fires, accidents involving heavy machinery and matters including allegations of grave injury and/or wrongful death.
  • Represented major chemical manufacturer in a workplace accident where a contractor fell from a significant height. The matter resolved favorably for the client.
  • Obtained dismissal of New York State Labor Law claims against general contractors, owners and utilities on the basis of plaintiff’s sole negligence, the absence of an actionable defect in equipment provided, the lack of an elevation-related differential and other defenses unique to New York State’s Labor Law. See, e.g., Brennan v. 3785 South Park, Inc., 242 A.D.2d 929 (4th Dep’t 1997); Burnett v. Waterford Custom Homes, Inc., 41 A.D.3d 1216 (4th Dep’t 2007) and Coombs v. Bianco, No. 88879/2006 (Sup. Ct., Steuben Cnty., filed Jan. 20, 2006), FurFure, J., index No. 88879/2006 (Summary judgment granted to defendant owners Michael and Marcia Bianco by Honorable Marianne Furfure, Steuben County, 2013).

Meet Our Workplace Accidents Team


William D. Christ Partner, Governing Committee
Kevin J. English Of Counsel
Chad W. Flansburg Partner
Marc H. Goldberg Special Counsel
Kevin M. Hogan Partner
Ryan A. Lema Partner
Craig A. Leslie Partner
Amanda L. Lowe Partner
Kenneth A. Manning Partner
James R. O’Connor Partner
Michael B. Powers Of Counsel
Lisa L. Smith Partner
Meet the Team
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