Workers’ Comp Lawyer Tonawanda NY
Workers’ Comp Lawyer Tonawanda NYUnder New York law, when an employee suffers a work-related injury, they should qualify for workers’ compensation benefits. Any medical expenses that are incurred to treat the injury are covered under these benefits. The injured employee is also entitled to a large percentage of their weekly pay each week. If the injury leaves the employee with long-term or permanent disability, they may also qualify for other benefits, including vocational counseling if they are unable to return to their occupation because they are no longer able to perform the tasks required. Although injured workers are guaranteed these benefits under the law, employers and their insurance companies sometimes try to do all they can to deny the employee the benefits they deserve. When this happens, a workers’ comp lawyer in Tonawanda, NY can help.
Why You May Need a Lawyer
There are very few exceptions under the law why a workers’ compensation claim should be denied. One legitimate reason for denying a claim is if the employee had intentionally harmed themselves or if the employee was under the influence of alcohol and/or drugs when the accident occurred.
Yet, many injured employees find a denial of benefits claims in their mailbox even though there is no legitimate reason for their employer or the insurance company to do so.
This is why injured workers should always consult with a Tonawanda, NY workers comp lawyer. A lawyer will make sure that the insurance company is provided all the evidence there is to prove the injury the employee has suffered. Some of the key pieces of evidence in a workers’ comp claim are all the medical reports that provide all the details regarding the victim’s injury, the damage that the injury has caused, the treatment the injury requires, and any long-term or permanent disability the employee will be left with. In many cases, your lawyer may even recommend a second medical opinion to give added weight to your own physician’s diagnosis, treatment, and prognosis.
One critical factor that many injured workers do not realize is that when you file a workers’ compensation claim, there are deadlines that must be met, or the claim can be denied. There are also requirements of certain documentation and failure to provide this information can also result in a denial. A lawyer will deal directly with the insurance company, which also sends a message to the company that you have an experienced and skillful advocate in your corner.
Having a lawyer handling all of this information ensures that the proper process will be followed and allows the injured worker to focus on their recovery and not all the paperwork and deadlines that their claim may require.
Do’s and Don’ts of Workers Compensation
Do Notify Your Employer Immediately
Reporting your accident to your employer must be done as soon as possible. Not only does this ensure proper documentation with your company, but it makes it easier for them to rectify the situation to prevent further injuries. Notifying your employer is the first step in filing a workers compensation claim. In most states, there are time limits for a claim to be filed by your employer, so it’s crucial to get the process underway promptly, so you don’t miss the deadline. Reach out to a workers comp lawyer in Tonawanda, NY, to learn more about your state’s limitations.
Do Seek Medical Attention From an Approved Doctor
No matter what type of accident you have at work, you should always see a doctor for an exam. Ideally, you want to visit a doctor approved by the workers compensation insurance company, but this usually isn’t necessary if you go to the emergency room. Sometimes it can take time for the pain to show up, and at that point, you may have missed the filing deadline. Having a doctor document your health condition after the accident may make it easier for a workers comp lawyer in Tonawanda, NY, to prove your case. If the workers comp insurance company denies your claim for medical reasons, an attorney from Hurwitz, Witcher, & Molloy LLP can use these medical records to file an appeal.
Don’t Accept A Settlement Without Consulting a Lawyer
After workers comp approves your claim, they might offer you a settlement. Sometimes this may be a lump sum check, and other times it could be an offer for multiple payments. This settlement should be enough to cover your medical expenses, lost wages and loss of earning potential. Before you accept compensation, you should have a workers comp lawyer in Tonawanda, NY, review your case. Once you take the payout, it is tough to dispute your claim, so an attorney can ensure you receive everything you’re entitled to.
Don’t Be Pressured Into Not Reporting an Accident
Even though most states have laws requiring employers to report all accidents to the local health board, some may encourage you not to file an incident report so they don’t have to do this. However, it is against the law for your employer to prevent you from receiving coverage for an accident. If your company tries to interfere with the reporting process, reach out to an attorney from Hurwitz, Witcher, & Molloy LLP.
If you are a full-time or part-time employee and have suffered work-related physical harm, please schedule a risk-free consultation with a workers’ comp lawyer Tonawanda, NY residents turn to at Hurwitz, Whitcher, & Molloy today to explore your options and rights under the law. Most full-time and part-time employees in the United States—whether documented or undocumented—are eligible for workers’ compensation benefits in the event that they are injured or are made ill while on the job.
It is important to understand that eligible workers may collect benefits regardless of where they were when their harm was sustained. Remote workers, employees hurt while traveling, offsite workers… all of these employees are entitled to benefits provided that they are eligible for coverage and were engaged in work-related activity at the time that the harm occurred. With that said, if your harm involves an injury that occurred offsite, an exacerbation of an existing injury, or illness caused by toxic exposure, your case is likely more complex than most. As a result, it is important to connect with the experienced legal team at Hurwitz, Whitcher, & Molloy as soon as you can. The workers’ compensation benefits process is among the most time-sensitive legal processes that exist in the U.S., so it is important to act quickly.
Are Workers’ Comp and Personal Injury Claims Similar?
Depending upon the circumstances that led to your harm, you may be in a position to file both workers’ compensation and personal injury claims related to your situation. A Tonawanda, NY workers’ comp lawyer at our firm can advise you of your options once we learn about the nuances of your situation.
The primary difference between workers’ comp and personal injury claims is that one is “no-fault” and the other is fault-based. Meaning, workers’ compensation benefits are made available to eligible employees regardless of how their work-related injuries occurred, as long as the injurious circumstances in question do not involve an intoxicated or high victim, a victim trying to get hurt, or a victim who started a physical altercation that led to their injuries. By contrast, personal injury claims generally only prevail if it can be proven that another’s negligence, recklessness, or intentionally harmful conduct caused the victim’s injuries.
Additionally, it should be noted that employees eligible for workers’ compensation cannot sue their employers, only others who may have contributed to the cause(s) of their harm.
Legal Assistance Is Available
If you have been injured while engaging in work-related activities or made ill by exposure to toxic substances while on the job, please connect with the experienced New York legal team at Hurwitz, Whitcher, & Molloy in order to explore your rights and options under the law. No two work-related harm scenarios are ever exactly alike. As a result, it is important to avoid making assumptions about your options until your situation has been thoroughly evaluated by an experienced Tonawanda, NY workers’ comp lawyer in a risk-free consultation setting; we look forward to speaking with you.
If you have been injured at work, contact Hurwitz, Whitcher & Molloy, LLP to meet with a seasoned Tonawanda, NY workers’ comp lawyer and find out what legal options you may have.
