Work Injury Lawyer Buffalo, NY
If you get hurt at work, you may need immediate medical attention, a source of income and you need a work injury lawyer in Buffalo, NY. Don’t wait because you and your family will need to quickly get the benefits you deserve. At Hurwitz, Whitcher & Molloy, we will put our years of experience at your fingertips to get you immediate results. If you need a Buffalo, NY work injury lawyer, our firm has long been in the front line of the fight for injured workers.
Employees or Independent Contractor – Does it affect Workers’ Compensation coverage?
Employers have to provide workers’ compensation coverage for their employees. Sometimes employers try to save money by claiming that an employee is actually an independent contractor. In this way, an injured worker could lose out on insurance coverage for his or her injury. There are some important factors to consider in deciding whether someone is truly an independent contractor or in fact, an employee. If your boss is claiming you are an independent contractor, you need to talk to a Buffalo, NY work injury lawyer and you cannot do better than Hurwitz, Whitcher & Molloy. If you are not truly “independent”, your employer’s policy should cover your injury. If you own your own business and operate as an independent contractor, you may be able to secure a Workers’ Compensation policy to cover yourself in the event of future injuries.
Accidents and Occupational Diseases
Workers Compensation insurance covers injuries that happen suddenly or over the course of a day or perhaps several days. For instance, if you lift an 80-pound bundle of roofing shingles, a work injury might involve a sudden excruciating pain in your low back, or it may occur after lifting multiple bundles over a day or two and then waking the following day and not being able to get out of bed due to you back being completely stiff and sore. Workers compensation injuries which occur over an even longer period of time and are due to the nature of your work are referred to as occupational diseases. An example of this would be carpal tunnel syndrome due to repetitive use of your hands over a lengthy period of time. These types of injuries are often denied by employers and their insurance companies. If you have been denied or aren’t sure if you have a claim, contact a work injury lawyer in Buffalo, NY.
Notice to your employer of work injury and the filing of a claim
In New York and in most other states, if you are hurt at work or suspect that a physical condition was caused by something that happened at work or by the type of work you do, you must notify your employer promptly. In New York, the requirement is within 30 days of the accident or occurrence. Additionally, in New York State, the filing of a claim with the New York State Workers’ Compensation Board is required within two years of the accident. In the case of an occupational disease, the claim must be filed within two years of when the injured worker knew or should have known that the condition or disease is work related. Failure to properly give notice and file a claim can result in a permanent denial of your claim. Navigation through all these requirements is best done with the assistance of a Buffalo, NY work injury lawyer. If your claim should be denied by your employer’s workers’ compensation insurance carrier, you will definitely need the services of Hurwitz, Whitcher & Molloy.
Benefits after acceptance of the claim by the Insurance Company
Once your case is accepted, and the injury or work-related condition has caused you to be out of work, you are entitled to lost wage benefits. In New York State, if totally disabled, you are entitled to two-thirds of your average weekly wage subject to a state wide maximum that varies depending on your date of accident. If you are deemed not totally disabled, your benefits will be less. Insurance companies routinely work to keep your benefits as low as possible and therefore, it is best to always have a work injury lawyer in Buffalo, NY by your side. You are also entitled to medical treatment and in New York, this must be by medical providers authorized by the Workers’ Compensation Board. Often times, injured workers have difficulty finding an authorized doctor. Once found, the insurance company may deny certain types of treatment, for various reasons. This makes it even more important to have a Buffalo, NY work injury lawyer always fighting for you.
Advantages of Hiring a Work Injury Lawyer
A work injury accident can have steep consequences, affecting your life in many ways, as a work injury lawyer in Buffalo, NY knows. Millions of people suffer minor to severe injuries as a result of work-related accidents annually, and many choose to file a claim. If you have a skilled lawyer at your side who can fight for your legal rights as an accident victim, your experience will go much more smoothly. They will work hard for you so that you can recover compensation you are entitled to. Here are some of the top reasons that you should consider filing a work injury claim.
Receive legal guidance throughout your case
One of the main benefits of hiring a skilled work injury lawyer is that they can assist you through every part of the claim. They will explain the relevant laws that apply to your case, and give you the proper legal guidance so that you do not make any mistakes. With the help of a Buffalo work injury lawyer, you may be able to maximize your claim amount so that you are compensated to the fullest extent possible. When you lack legal guidance for a work injury claim, you risk making mistakes that can cause you to receive a much lower amount than what you deserve.
The legal system is complex
Workers compensation law is not easy to understand for the average person. Lawyers have years of legal education and experience, so they know the laws well and can explain them to you. You can save a lot of time by hiring a lawyer because you do not need to do complex research yourself. While you can attempt to learn how the laws work and how they affect your case, it is much better to hire a lawyer who already has knowledge about how workers compensation insurance works.
A lawyer has years of experience
Lawyers have extensive litigation experience so they are prepared to assist you with your case. They understand the strategies that will enable you to achieve the results that you are searching for. They are familiar with communicating with insurance companies, so they know what to do in case the insurance company is not willing to cooperate or does not want to agree on a fair compensation amount.
You can obtain a higher settlement
People who hire a lawyer when working on a work injury claim tend to have a much better case outcome than those who choose not to hire a lawyer. Hiring a work injury lawyer who specializes in that practice area makes a great difference. They can do necessary negotiations to fight for a more fair and accurate settlement. A skilled and highly competent work injury lawyer will fight hard for you so that you can achieve the fair settlement that you deserve and nothing less.
When you take the time to explore your legal options you will not regret. Too many work injury accident victims decide not to take legal action without thoroughly exploring their full range of options. There is accessible and high-quality legal assistance available so that you don’t have to go through the burden of taking on a claim yourself. Request a consultation with a top-rated Buffalo work injury lawyer right away.
Awards for Permanent Conditions
Approximately one year after your injury or a year after any surgery, for New York injured workers, an assessment will be made as to whether any permanent impairment exists with regard to your work injury or disease. This can often result in a cash award or settlement. However, the system is very complex, making it all the more important to have a Buffalo, NY work injury lawyer working with you throughout your entire case. So don’t delay. Contact us today!
Common Types of Work Injuries
Work-related injuries are a significant concern for employees and employers alike. Understanding the different types of injuries that can occur in the workplace is crucial for prevention and proper response. In Buffalo, NY, where industrial and office work environments are common, awareness and preparedness are key. If you or someone you know has suffered a work injury, it’s important to consider consulting a Work Injury Lawyer in Buffalo, NY, such as the professionals at Hurwitz, Whitcher & Molloy, who specialize in handling such cases.
Workplace Fall
Falls are one of the most common types of work injuries. They can occur due to slippery floors, uneven surfaces, or falls from heights. These accidents can result in broken bones, back injuries, and even head traumas.
Repetitive Strain Injuries
Repetitive strain injuries (RSIs) are caused by repeated motions over a long period. They are common in office settings where workers perform tasks like typing or in manufacturing where repetitive assembly line work is required. Carpal tunnel syndrome is a well-known example of an RSI.
Machinery Accidents
Injuries from machinery are prevalent in manufacturing and construction industries. These injuries can range from minor cuts and bruises to severe injuries like amputations or crushing injuries.
Chemical Exposures
Workers in industries that handle chemicals, like cleaning or manufacturing, may be exposed to harmful substances. These exposures can lead to respiratory issues, skin burns, and other serious health problems.
Overexertion Injuries
Overexertion occurs when an employee pushes their body beyond its limits. This can happen through lifting heavy objects, prolonged physical activity, or working in awkward positions. Back injuries and muscle strains are common results of overexertion.
Legal Considerations for Work Injuries
When injured at work, it’s important to know your rights and the steps to take. In New York, workers’ compensation laws are in place to protect employees. However, navigating these laws can be complex. This is where a Work Injury Lawyer in Buffalo, NY, can provide invaluable assistance. At Hurwitz, Whitcher & Molloy, we understand the intricacies of these laws and can help ensure that your rights are protected.
Seeking Legal Assistance
If you’ve suffered a work-related injury, seeking legal counsel is a crucial step. As experienced Work Injury Lawyers in Buffalo, NY, we at Hurwitz, Whitcher & Molloy are dedicated to helping our clients navigate the complexities of work injury claims. We can assist in ensuring that you receive the compensation you are entitled to, whether it’s for medical expenses, lost wages, or pain and suffering.
Prevention and Safety Measures
Prevention is always better than cure. Employers are responsible for providing a safe working environment. This includes proper training, safety equipment, and adherence to safety protocols. As employees, we should always be aware of our surroundings and follow safety guidelines to minimize the risk of injury.
Workplace injuries can be life-changing, not only physically but also financially and emotionally. Understanding the types of injuries that can occur and knowing the steps to take following an injury are vital. If you find yourself or someone you know in such a situation, do not hesitate to reach out to a Work Injury Lawyer in Buffalo, NY. The team at Hurwitz, Whitcher & Molloy is here to help you navigate through these challenging times and ensure that your rights and well-being are safeguarded.
Types of Work Injury Compensation
Workplace injuries can have a profound impact on an individual’s life, affecting their ability to work and manage everyday activities. Understanding work injury compensation is crucial for anyone who has suffered an injury at work. The laws and procedures surrounding work injury compensation can be complex, but with the right guidance, such as that provided by Hurwitz, Whitcher & Molloy, navigating these challenges can be made simpler.
Workers’ Compensation
This is the most common form of compensation for work injuries. It is a type of insurance that provides wage replacement and medical benefits to employees injured in the course of employment. However, accepting workers’ compensation usually means relinquishing the right to sue the employer for negligence.
Disability Benefits
In cases where an injury leads to long-term or permanent disability, the injured worker may be eligible for disability benefits. These benefits are designed to help the individual cope with the financial burden of their reduced capacity to work.
Third-Party Claims
If the work injury was caused by a third party, separate from the employer, such as a contractor or equipment manufacturer, the injured worker might have the right to file a third-party claim against those responsible.
Navigating the Legal Process
The process of claiming work injury compensation involves several steps and can be overwhelming. Here’s where we at Hurwitz, Whitcher & Molloy come in. We assist our clients in:
Filing a Claim
The first step is to file a workers’ compensation claim. This process involves notifying the employer and the workers’ compensation board in your state. Timely filing is critical, as there are usually strict deadlines for reporting work injuries.
Gathering Evidence
To strengthen your claim, it’s important to gather comprehensive evidence. This includes medical records, witness statements, and documentation of the accident scene. Our team can help in compiling and presenting this evidence effectively.
Negotiating with Insurance Companies
Often, the compensation offered by insurance companies may not fully cover the injured worker’s losses. We can negotiate with insurance companies to ensure that our clients receive the compensation they deserve.
Appealing Denied Claims
If a workers’ compensation claim is denied, it doesn’t mean the end of the road. We can help in appealing the decision and representing our clients in hearings.
What to Do After a Work Injury
- Seek Medical Attention: Your health is the top priority. Seek immediate medical treatment for your injuries.
- Report the Injury: Notify your employer about the injury as soon as possible.
- Document Everything: Keep records of all medical treatments, communications with your employer, and any other details related to the injury and your work.
- Consult an Attorney: Consulting with a work injury compensation attorney can provide you with an understanding of your rights and the best course of action.
At Hurwitz, Whitcher & Molloy, we understand the challenges that come with work-related injuries. We are committed to supporting our clients through every step of the compensation process. Our team offers personalized attention, ensuring that each client’s unique situation is addressed with the utmost care and professionalism.
Work Injury FAQs
What is the statute of limitations for filing a work injury claim in Buffalo, NY?
In Buffalo, NY, the statute of limitations for filing a work injury claim is generally two years from the date of the accident or the discovery of the injury. It’s crucial to file within this timeframe to ensure eligibility for compensation. Delaying beyond this period can result in losing the right to file a claim. However, there can be exceptions depending on specific circumstances, so it’s advisable to consult with a work injury attorney to understand the specific deadlines applicable to your case.
Can I be fired for filing a work injury claim in Buffalo, NY?
No, you cannot legally be fired for filing a work injury claim in Buffalo, NY. The Workers’ Compensation Law protects employees from retaliatory actions by employers, including termination, for filing a claim. If you believe you have been wrongfully terminated or discriminated against because of your claim, you should seek legal advice. An attorney specializing in work injury law can help address any unlawful employment practices you may face following your injury claim.
Are all employees in Buffalo, NY covered by Workers’ Compensation?
Most employees in Buffalo, NY, are covered by Workers’ Compensation. This includes full-time, part-time, and seasonal workers, as well as volunteers in some cases. However, there are exceptions, such as independent contractors and certain types of workers who may not be covered under the standard workers’ compensation policy. Understanding your employment status and the coverage it entails is important, and a work injury attorney can provide clarity on whether you are covered under Workers’ Compensation laws.
What types of injuries are covered under Buffalo, NY’s Workers’ Compensation laws?
Buffalo, NY’s Workers’ Compensation laws cover a wide range of injuries and illnesses that are related to the workplace or work activities. This includes injuries sustained in workplace accidents, repetitive stress injuries, occupational diseases, and illnesses developed due to workplace conditions. Psychological or stress-related conditions may also be covered if they are directly related to the workplace. It’s important to note that the injury or illness must be connected to the job or workplace activities to be eligible for compensation.
Can I choose my own doctor for treatment of a work-related injury in Buffalo, NY?
In Buffalo, NY, you generally have the right to choose your own doctor for treating a work-related injury. However, the chosen doctor must be authorized by the Workers’ Compensation Board, except in emergency situations. It’s important to ensure that your healthcare provider is aware that your injury is work-related and that they are authorized under the Workers’ Compensation program to avoid any issues with claim acceptance and coverage of your medical expenses.
Schedule A Consultation Today
understanding work injury laws in Buffalo, NY is crucial for both employees and employers. These laws provide essential protection and compensation for those injured on the job, covering a wide range of injuries and circumstances. With the complexities and nuances involved in navigating these laws, seeking professional legal advice is often a wise decision. Firms like Hurwitz, Whitcher & Molloy offer specialized expertise in this field, ensuring that injured workers receive the guidance and support they need to navigate their claims effectively. Their role in advocating for the rights of workers underscores the importance of legal expertise in ensuring fair and just treatment under the Workers’ Compensation system.
