Workers’ Compensation Lawyer Buffalo, NY

Your Dedicated Workers’ Compensation Attorneys

Our Buffalo, NY workers’ compensation lawyer speaks with injured workers about how to file a claim and ensure that they receive the benefits they are entitled to. Getting injured on the job is an incident that should be taken seriously, and workers should not hesitate to report the accident in addition to filing an official report. Not reporting what happened right away may jeopardize your chances of being approved for workers’ compensation benefits. Contact Hurwitz, Whitcher & Molloy today to schedule a consultation. We fight for clients in Buffalo, Niagra Falls, and surrounding areas.

Filing a Report With Your Employer

You must file an incident report for your injuries shortly after the accident. In fact, the very same day would be ideal. Your employer may then send you to an appointed physician for an exam and treatment plan. This should be covered by your employer and not come out of your pocket.

Some states may require that you submit a notice to your employer in writing about the accident, while others may permit a verbal notice. If you did report the incident via writing, request a copy from your employer and share it with us.

Keeping Up With Doctor’s Orders

After receiving care from a doctor, it is imperative that you abide by their recommendations. For example, if your doctor restricts you to only being able to do desk duties and not lifting anything over 25 lbs, then you cannot break these guidelines. If you do, your employer may claim that you are not as injured as you initially made it seem, and try to either cancel or minimize the benefits you receive.

Retaliation and Harassment

Unfortunately, we have seen the way that employers may treat injured workers differently due to using workers’ compensation benefits. If you suspect that your employer has retaliated against, harassed, or otherwise mistreated you in the workplace, then it’s certainly time to speak with a workers’ compensation lawyer. Here are other signs that retaliation may be occurring: you have been assigned to another department, you have been demoted, you have received a pay decrease, you have been discouraged from pursuing well-deserved promotions, your boss has fired you, your coworkers have created a hostile environment, and more.

Tips for Returning to Work After an Injury

If you suffered an injury at work, you may need to take significant time off your job. However, once you’ve healed and feel good again, you may be permitted to return to work. Here are some tips we suggest about returning to work after an injury.

• Get Cleared by Your Doctor First. It’s never a good idea to go back to work before you’re truly ready. Even if you feel fine, you have to get cleared by your doctor first. If you try to go back to work too soon, you could reinjure yourself.
• Keep the Communication Lines Open With Your Employer. How soon you can return to work will depend on the severity of your injuries. However, no matter what, you should maintain frequent communication with your employer. Whether it’s through email or phone, tell your employer how your recovery is going and when you expect to return to work. If you can’t go back to work as you originally thought, don’t hesitate to tell your employer. If you’re honest and don’t keep your boss in the dark about anything, you can maintain trust.
• Bring a Copy of Your Restrictions to Work. When your doctor clears you to return to work, he or she may advise you to take certain restrictions at your job. These restrictions are there to protect you, so you should take them seriously. Your workers’ compensation lawyer in Buffalo, NY may recommend you bring documentation of these restrictions to work every day to prove to your employer that you can’t do certain tasks.
• Document Discrimination or Retaliation. Unfortunately, some employers become angry when employees file workers’ compensation claims and can’t perform their normal duties immediately. They may even attempt to cut your pay or reduce your hours. These actions are illegal. 
• Think About Switching Positions. If you’re nervous about returning to work because your previous role caused your injury, don’t hesitate to voice your concerns to your employer. He or she may allow you to switch to a different role that doesn’t put you at risk of injuries.
• Don’t Refuse to Go Back to Work. Just like you shouldn’t return to work too early, you also shouldn’t go back too late. When you’ve taken so much time off, it’s easy to get comfortable and want to milk your workers’ compensation benefits as long as you can. However, if you take off more time than necessary, you’re in danger of losing your benefits. Your employer could also choose to terminate you for refusing to come back to work.

Filing a Claim for a Previous Injury or Illness

A common question from clients is when workers comp will offer a settlement. The answer depends on a variety of factors. Injuries and illnesses that are sustained on the job often qualify an employee for workers’ compensation. If that particular employee already had an injury or illness, can he or she receive compensation for the pre-existing condition? 

Pre-Existing Conditions Alone

When you look at a pre-existing condition alone, it does not qualify a worker for workers’ compensation. Suppose the employee gets medical benefits as part of employment. In that case, he or she may be able to use that coverage to pay for the costs associated with the pre-existing condition, but filing a workers’ comp claim would not work. 

Pre-Existing Conditions Aggravated by Work

If an employee has a pre-existing condition that is aggravated by the tasks he or she does on the job, compensation might be collected to cover the costs of any additional care. For example, if someone has dealt with back issues for years, and lifting heavy boxes at work made the issue get worse, new medical costs or increased prescriptions could be compensated through workers’ compensation. 

Pre-Existing Conditions Not Related to a New Injury

Another common question is when workers comp will offer a settlement for pre-existing conditions. Sometimes an employee will have a pre-existing condition, sustain a new injury or illness, and try to get his or her pre-existing conditions paid for through the workers’ compensation settlement for the new condition. This isn’t how the system works, and the employee could end up in trouble if this happens. That is why it’s important to talk to a Buffalo, New York workers’ compensation lawyer for your situation.

For example, an employee might have suffered a brain injury outside of work. During his or her employment, another injury occurred, such as a broken leg. The employee might claim that the TBI and the broken leg were both a result of the workplace accident. As soon as the insurance company finds out the truth, the claim could be denied altogether. If the employee were to take care of this situation correctly, he or she could still receive compensation for the broken leg.

Understanding More About Your Situation

Workplace accidents range in severity, but one thing remains the same, and that is that most employees are entitled to workers’ compensation when injured on the job. If you have an injury or illness from a previous incident, you can often still receive compensation to the degree to which the condition is worsened. If the employee sustains a separate injury, that separate injury also often qualifies the individual for compensation. 

Steps to Take if Your Claim Is Denied

When you want to challenge a denied workers’ compensation claim, you should speak with a trusted member of our team. As you are facing pain from the injuries you sustained at work and are likely wondering how you will pay for the medical bills, you do not need to worry about having a denied workers’ compensation claim. This kind of scenario happens to many people who have been injured at work and, especially without legal representation, they do not believe it is worth fighting these claim denials. Our Buffalo workers’ compensation lawyer believes you are worth fighting for, however, and we would like to help you when your claim is denied.

• Contact a Lawyer

If you weren’t already working with a workers’ compensation lawyer when you originally filed your claim, now is the time to speak with one. Your attorney will remind you that you have every right to appeal this claim and can work with you to make sure your appeal gets in on time and help you gather the necessary evidence.

• Speak With the Insurance Company

Your attorney will get in contact with the insurance company that denied your claim. While they may state why they denied it in the original letter you received, your lawyer can press them for more information. For example, if it was a simple filing error or you did not provide substantial information, you may have solid grounds for a successful appeal.

• File Your Appeal

Once your attorney has gathered other necessary documents and evidence for your claim, they will appeal. It is particularly advantageous to have an attorney during this process because they will know the timeline for an appeal and will make sure you have all the necessary forms and documents.

• Mediation

You and the insurance company can go through a mediation process which is typically very informal. You will both make your arguments and a neutral party will observe and help you try to agree. If you do, you will both sign the paperwork. If you do not agree, you can go to a formal hearing with a workers’ compensation judge. At a formal hearing, you and the insurance company will both provide evidence and arguments for your claims.

Buffalo Workers’ Compensation Infographic

Buffalo Workers’ Compensation Statistics

According to the data from the U.S. Bureau of Labor Statistics, “Of the 129,000 private industry injury and illness cases reported in New York, 90,100 were of a more severe nature, involving days away from work, job transfer, or restriction—commonly referred to as DART cases.”

Buffalo Workers’ Compensation FAQs

In Buffalo, NY, understanding the complexities of workers’ compensation can be a daunting task for anyone who has suffered a workplace injury. At Hurwitz, Whitcher & Molloy, we often encounter a wide range of questions from clients seeking guidance as a Buffalo workers’ compensation lawyer. Our goal is to provide clear, helpful answers to these questions, ensuring our clients are well informed and supported throughout their claims process.

Are Mental Health Issues Covered Under Workers’ Compensation?

Mental health issues can be covered under workers’ compensation in Buffalo, NY, especially when they are directly linked to a work-related incident or the overall work environment. However, proving mental health claims can be more challenging compared to physical injuries. It requires clear evidence that the mental health issue, such as stress or depression, is directly related to the workplace. As experienced Buffalo workers’ compensation lawyers, we assist in gathering necessary medical evidence and expert testimonies to support such claims.

Can I See My Own Doctor For A Work-Related Injury?

In Buffalo, NY, you generally have the right to choose your own doctor for a work-related injury. However, the doctor must be authorized by the Workers’ Compensation Board, except in emergencies. We always advise our clients to verify the doctor’s authorization to ensure that their medical treatment and reports are in line with workers’ compensation requirements.

How Do Compensation Lawyers Charge For Their Services?

Most workers’ compensation lawyers work on a contingency fee basis. This means that our legal fees are contingent upon the successful resolution of your claim – we only get paid if we win or settle your case. The fee is typically a percentage of the compensation awarded and is regulated by the New York Workers’ Compensation Board.

What Benefits Can I Expect From A Workers’ Compensation Claim?

In Buffalo, workers’ compensation claims can provide several types of benefits. These include medical care for the injury, reimbursement for lost wages, and benefits for permanent disabilities. The specific benefits you’re entitled to will depend on the nature and severity of your injury. 

What If I’m Unable To Return To Work After A Workplace Injury?

If you’re unable to return to work due to your workplace injury, you may be eligible for long-term disability benefits under workers’ compensation. These benefits can include ongoing wage replacement and medical treatment related to your injury. In some cases, vocational rehabilitation may also be available if you need to train for a different type of work. We work closely with our clients to ensure they receive the full range of benefits they’re entitled to. 

Hurwitz, Whitcher & Molloy, LLP Buffalo Workers’ Compensation Lawyer

424 Main Street, Suite 1725, Buffalo, NY 14202

Contact Our Buffalo Workers’ Compensation Lawyer Today

We are a team of dedicated legal professionals who understand how a workplace accident may have changed your health and life in the long term. We also know how crucial it is that you get the financial support you need. After assessing your situation, we may even come to find that your employer was negligent which caused the accident to occur. We can talk more about this with you over a consultation.

Please contact Hurwitz, Whitcher & Molloy, LLP today to schedule a free consultation with a workers’ compensation lawyer in Buffalo, NY injured residents can rely on during difficult times.

Buffalo Workers’ Compensation Lawyer Google Review

“Excellent attorneys super down to earth and realistic. No one wants to be hurt at work but if it already happened then you’re going to appreciate having people in your corner who understand the laws and your rights and will make it their priority that you are taken care of in a professional and compassionate way. No quick ones, no slick talk, just like calling an old buddy from high school who happens to be a very good lawyer. Everyone at the office is also extremely helpful and always has a positive attitude. I’m telling you, forget the gimmicks and slogans you see on tv and get yourself the real deal. These guys literally helped put my life back together after my employer even tried to pretend I never even worked for him. Words can’t describe my level of admiration for this law firm.”

– Raymond T.

Client Review

“Hurwitz Whitcher & Molloy Attorneys have been my Attorneys for a while now. In that time, each contact with them was handled in a timely, courteous, and professional manner. I highly recommend this firm if you require the type of services they provide. Much appreciation for their hard work and dedication.”
Linda Carlson