If you are injured while working, you have the right to claim compensation from your employer for any losses that you have suffered as a result of the injury. It doesn’t matter how serious or moderate the injuries are. A loss is a loss and whether you need to recover medical expenses or loss of wages while you recuperate from your injury, you can file a claim for workers’ compensation.
A Tonawanda workers compensation lawyer can assist you with a claim in the following ways:
- Investigate the accident and determine liability.
- Assess what losses you can claim for and in what amount.
- Negotiate a settlement with your employer, their insurance providers, and/or their lawyers.
- If necessary, appeal your case and take it to court to ensure that you get the compensation that you deserve.
Commonly, employers are insured against worker’s compensation claims. In most cases, it is the insurance company that will pay a claim for an injury that occurred in the workplace. However, insurance companies will do anything to avoid paying and have a legal team ready to fight your claim for compensation. Our personal injury lawyers are experienced at dealing with insurance companies that refuse to payout. Contact us today to schedule a free consultation so that we can start working on your worker’s compensation claim.
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What Should I Do If I Have Been Hurt While On The Job?
The steps that you take after you have been injured at work can be important to your worker’s compensation case. You should take the following steps immediately and in the days after your injury:
- Inform the relevant person at your place of work that you have been hurt or injured. This may be your supervisor, manager, HR department, and/or your employer.
- If your injuries are serious, call emergency services or visit your nearest emergency room immediately. If your injuries can wait to be treated, visit a doctor as soon as possible. Follow your doctor’s instructions for caring and recovering from your injury.
- Document your injuries. Take photos and keep a written record of the injury, symptoms, and recovery. Keep any doctor’s notes and records of treatment as well as medical and other bills associated with your medical care.
- File a claim for worker’s compensation with the assistance of a workers’ compensation lawyer.
- Rest and recover from your injuries while your lawyer sees to it that you are adequately compensated for your losses.
Why Should I Hire A Tonawanda Workers Compensation Lawyer?
While it isn’t a legal requirement to have a lawyer represent you in a worker’s compensation case, you are far more likely to receive fair compensation. This is especially true when dealing with insurance companies – often a letter from a lawyer is sufficient to convince them to pay.
A lawyer will also ensure that you don’t accept a settlement that is less than you deserve. Settlement offers often don’t take into consideration future medical care needs such as rehabilitation or a permanent loss of income that could result from a disability.
A worker’s compensation lawyer will represent you to the best of their ability and use all their legal knowledge and skills to ensure that your employer and/or their insurance pays the compensation that you deserve.
What Should I Do If My Workers Compensation Claim Is Denied?
If your claim for worker’s compensation has been denied, you have the right to appeal the decision and request a hearing by an administrative law judge. The judge will review the evidence and either uphold the denial for worker’s compensation or overturn it.
If the administrative judge does not decide in your favor, you have a further 30 days within which to appeal the decision to the New York State Workers Compensation Board. If you fail to submit a written request within the 30 day period, your case will not be reviewed by the board.
The board will review the case and either uphold the decision made by the administrative judge, amend it or overturn it. The board consists of 3 panel members that all need to be in agreement to reach a unanimous decision. If they cannot agree, you can request a full board hearing.
Should the worker’s compensation again be denied, you have one more course of appeal and that is to the Supreme Court of New York.
However, the first step that you should take if your worker’s compensation claim is denied is to contact a lawyer. Cellino lawyers are there to provide you with the best legal advice and representation throughout the appeals process.
Can I Be Fired For Filing A Workers Comp Claim?
New York Workers Compensation Law, section 10-35 provides that an employer cannot discriminate against an employee for filing a claim for worker’s compensation by firing the employee. However, the issue is a little more complicated than that.
An employer is not required by law to give you special privilege by keeping you employed even though you cannot work because of your injury. At the same time, they cannot simply fire you just because you claimed worker’s compensation or were injured on the job.
They can however terminate your employment as a result of an extended leave of absence from work due to your injury. They will need to prove that the termination did not result from the filing of the claim but from factors that are entirely independent of your claim.
Is There A Time Limit For Filing A Workers Comp Claim In Tonawanda, New York?
The statute of limitation for filing a worker’s compensation claim in the state of New York is two years. This means that you have two years from the date of the accident to file a claim. However, this date is subject to change and can start on the last date that you received payment. It is however recommended to start the process of filing a claim as soon as possible after the injury.
Can An Independent Contractor File A Workers Comp Claim?
Independent contractors, in the state of New York, who are not employees of the company cannot file a worker’s compensation claim if they were injured while working on the premises of the company.
How Much Does It Cost To Hire A Tonawanda Workers Compensation Lawyer?
Cellino worker’s compensation lawyers work on a contingency basis which means that they don’t charge any fees until the case is settled or a claim awarded. They then take a percentage of the amount awarded as payment for their services. The New York State Workers Compensation Law Judge will set the percentage for the fee for each case. Normally, the percentage is between 10% and 15%.
Contact Our Lawyers Today To Review Your Claim
If you have been hurt in an accident or event that occurred while you were on the job, you have the right to claim worker’s compensation from your employer to recover any losses that you may have suffered as a result of your injury. It is highly recommended to hire a worker’s compensation lawyer in Tonawanda to represent you as soon as possible after the injury has occurred.
To schedule a free consultation with a Cellino worker’s compensation lawyer to assess your claim, call us at (800) 555-5555 or submit a contact form.