A Workers Comp Lawyer in Buffalo Explores How a Claim Might be Denied

A Workers Comp Lawyer in Buffalo Explores How a Claim Might be Denied
Calendar icon October 6, 2020

Any workers comp lawyer in Buffalo knows that if you get hurt on the job, the last thing you should have to worry about is medical bills. Your employer should take care of your medical treatment. They should also provide you with replacement wages while you’re recovering from your injuries. And, no matter where you live, this is exactly what happens.

Employees are covered by workers’ compensation insurance. All employers are required to carry this insurance. There are a few exceptions. Some of these include companies that only employ a couple of people. It also doesn’t apply to certain types of employees, such as farmworkers, nannies, and railroad workers. But, for everyone else, as long as you follow the rules, there’s no reason why your workers’ comp claim in Buffalo should be denied.

Unfortunately, not all employers do the right thing. They may deny your claim for an illegitimate reason. Or, your claim could be denied because you simply didn’t meet the requirements for workers’ comp benefits. If this happens, the first thing you need to do is call and talk to a skilled Buffalo workers comp lawyer. They’ll help you appeal your claim. They’ll also make sure your claim is handled properly from the start.

If You Don’t Meet the Basic Requirements, Your Workers Comp Claim in New York Will Be Denied

There are certain things you must do in order to have your New York workers comp claim approved. These requirements are the same no matter where you live. For example, if you don’t report your accident to your Human Resources manager right away, your claim may be denied. Here are some of the other reasons why this could happen:

  • Your injury or illness didn’t take place on the job
  • You refuse to be treated by a company-approved doctor
  • You were drunk or high at the time of your accident
  • Something other than your job caused your injuries
  • You have a history of filing false claims
  • The company doesn’t think you were actually hurt
  • You refuse to take a drug test immediately after your injury or accident

If any of these are the basis for your claim being denied, there may not be much your Buffalo workers comp lawyer can do to help. Your employer has some level of protection when it comes to paying out these claims. So, if you refuse to comply with these basic requirements, there’s a good chance your claim will be denied. And, there is a good chance you may lose on appeal as well.

How Can a Buffalo Workers Comp Lawyer Help?

If you get hurt at work, you should call a skilled workers comp lawyer in Buffalo right away. Very few employees understand how the workers comp laws in New York work. You may think you have rights that you don’t have. For example, a friend may tell you that you have the right to refuse to take a drug test after your work-related accident. This isn’t the case. Your employer has a right to know if you were under the influence of alcohol or any drug at the time you were hurt. And, if you were, they have a right to refuse to pay for your medical treatment. The same is true for your replacement wages.

Call and Schedule Your Consultation with an Experienced Workers Comp Lawyer in Buffalo

If you get hurt on the job, you should call and talk to a skilled work injury lawyer as soon as possible. You have no idea if your claim is going to be approved. It all depends on your employer and their insurance company. And, if your claim is denied, you only have a certain amount of time to appeal your claim.

Your Buffalo workers compensation attorney will make sure your claim is handled properly. They’re also going to ensure that you the benefits to which you’re entitled. If you aren’t represented by counsel, the insurance company is going to take advantage of you. You also have no idea how the law works. You may not understand how you’re supposed to appeal your claim. The best way to do that is to hire someone who does this for a living.

Call today and schedule your free initial consultation with an experienced workers comp lawyer in Buffalo, New York. You can sit down with someone who’s handled dozens of cases like yours before. They can give you an idea of whether your claim is valid. They can also let you know what your case is worth. The good news is that your initial consultation is free and you don’t pay a dime until your case is resolved.

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Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.

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