Workers’ Comp Lawyer Batavia, NY

If you’ve suffered an injury in the workplace, a workers’ comp lawyer in Batavia, NY from Hurwitz, Whitcher, & Molloy, L.L.P. may be able to help. Employers are legally required to carry workers’ compensation insurance in case their workers get hurt. Here are some ways to get the most out of your workers compensation claim:

Tell Your Employer About Your Injury
It’s normal to feel shocked and confused after suffering an injury at work. However, that shouldn’t stop you from informing your employer as soon as possible. In New York, you have to report your work injury within 30 days of the accident. If you tell your employer too late, you may lose your right to benefits.

Go See a Doctor
If you get hurt at work, you should seek medical treatment as soon as possible. A doctor will thoroughly diagnose and treat your injury. If you wait too long to seek medical care, your injury could get worse. Also, delaying medical care can also get your workers’ compensation case denied. Your employer’s insurance company may argue that you couldn’t have been too injured if you didn’t seek prompt medical care.

Follow Your Doctor’s Orders
After diagnosing your injury, your doctor will recommend a treatment plan. Whether it’s physical therapy or bed rest, you should follow your doctor’s advice. If you stop your treatment plan prematurely, you could put your health at risk. Additionally, your employer’s insurance company may try to argue that you aren’t injured as you claim you are because you didn’t get prompt medical attention.

Don’t Be Afraid to Change Doctors
In the beginning, your employer may require you to get treated by a doctor chosen by their insurance company. However, if you believe that the doctor is minimizing your injuries to save the insurance company money, don’t hesitate to get a second opinion.

Be Cautious on Social Media
When you’re in the middle of a workers’ compensation claim, you have to be more careful about what you post on your social media sites. Your employer’s insurance company may be watching you and trying to find information they can use against you.  For example, if you’re claiming that you suffered a back injury at work and post photos on Facebook of you hiking, the insurance company may think you’re lying about your symptoms.

Hire a Lawyer
In certain cases, it may be necessary to hire a NY workers’ comp lawyer in Batavia. For instance, if your employer recently denied your claim, you may need a lawyer to help you file an appeal. Your lawyer will stand up for your rights and improve your chance of a favorable outcome. Schedule a consultation with Hurwitz, Witcher & Malloy, LLP to learn more about your options.

How to Talk to Your Doctor About Your Workplace Injury

If you were injured in the workplace, you should see a doctor as soon as possible. He or she will evaluate your injuries and recommend the appropriate treatment. Here are some tips for talking to your doctor:

Be Honest About Your Symptoms
When speaking to your doctor, it is recommended that you are being completely honest about your symptoms. Don’t try to exaggerate your symptoms. Doctors will be able to tell if you were dishonest about your symptoms by using diagnostic technology. This could get your workers compensation claim denied.

Talk About Your Prior Injuries
Have you suffered injuries in the past? If so, you need to mention them to your doctor. Explain how the symptoms of your new injury are different from your old injury.

Avoid Speaking Negatively About Your Employer
If you got injured at work, you may have some negative feelings toward your employer. You may resent your employer for not making the workplace safer. However, you should not speak poorly about your employer to your doctor. It won’t do any good. In fact, venting about your employer may cause your doctor to have a poor impression of you.

Include Details About the Accident
During your appointment with your doctor, you will want to describe how the accident happened. Don’t be embarrassed to include any details. It is important for your recount of how the accident occurred to be consistent with your initial accident report.

Mention Ongoing Concerns
It is important to talk to your doctor about ongoing concerns through your recovery process. For example, if you’re experiencing new symptoms, you should let your doctor know. He or she may need to adjust your treatment.

Be Polite
If the doctor you see is not very friendly, you should still be polite. He or she is there to provide an objective opinion about your injuries to the insurance company. The doctor is not there to give you moral support, so don’t be offended if he or she seems cold. If you argue with the doctor or are hostile, it may not look good for your claim.

Don’t Provide More Information Than You Have To
While you should answer your doctor’s questions honestly, you shouldn’t provide more information than necessary. If you provide too much information, you risk saying something that is inconsistent.

When Your Employer Exhibits Signs of Reliation

Retaliation occurs when an employer inflicts adverse actions against a worker for exercising or engaging in rights that are protected by law, and workers’ compensation benefits is an example. Activities that may incite retaliatory actions include:

• Asking for or taking a leave of absence (as provided under FMLA, the Family and Medical Leave Act)
• Refusing to do illegal activities despite being requested to do so by employer
• Complaining to or filing a claim against an employer for an incident of discrimination, harassment, etc. 
• Blowing the whistle on an employer to avoid fraudulent practices
• Filing for and/or receiving workers’ compensation benefits 
• Being a witness in an EEOC or other case on a legal level against employer

There are many signs that workplace retaliation has happened. Any negative action inflicted by an employer onto an employer can be severe enough that their rights are violated. In these instances, it’s important to get legal assistance for an intervention right away. The most common ways that retaliation happens are:

• Demotion: losing responsibility, status, or privileges associated with a position, or being demoted to a lower ranking role. 
• Exclusion: Intentionally keeping a staff member out of meetings, activities, parties, or training that are made available to all employees. 
• Termination: being fired/let go from your position.
• Reduction of salary/hours: receiving a reduction in hours or a pay cut.
• Reassignment: having a job role or schedule moved in a way that results in undue hardship to the employee. 

Call Hurwitz, Whitcher, & Molloy, L.L.P.

We understand that right now you may have so many thoughts running through your mind. It is immensely stressful to not only deal with being injured at work, but then to have issues with your employer? It probably feels like too much to bear alone. Our team is well-versed on handling situations like this and more, so please do not hesitate to call just to hear about your options. We can safeguard your best interests when it feels like no one else is. For more information about how a Batavia, NY workers’ comp lawyer from Hurwitz, Whitcher, & Molloy, L.L.P. can help you, call our law office now.