Tonawanda Workers Compensation Lawyer

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.

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.

Schedule a free consultation with our Tonawanda workers compensation lawyers.

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 (888) 888-8888 or submit a contact form.

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Testimonials

  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.

    Theodore

  • Thank you for your help in settling the case of my father's accident. I could always count on you to answer my questions honestly and in terms I could understand. If all lawyers at Cellino Law are like you, I understand why they are an A-1 law firm.

    Bedner

  • We'd like to thank you for all the assistance and time you spent on our case. Your professionalism and honesty will always be appreciated. The staff was always courteous and we were always impressed with your accountability. Your passion and dedication will never be forgotten, nor will you.

    Sarah

  • I am writing to let you know what an outstanding job George Gridelli did for me in my personal injury lawsuit. His professionalism and expertise were evident at our first metting and he and his paralegal Diane D'Andrea took care of me as if I was a friend and not merely a client. They both went above and beyond for me in so many ways that it would be too numerous to list and I am grateful to have had such an exemplary team represent me. When working with George and watching him in court he personified to me what a lawyer is supposed to be - an honest, extremely compentent man who helped guide me through the legal system. I could not have obtained better representation anywhere else at any price. To me that says a lot abut you and your firm's integrity. Thank you again for representing me and for having such stellar individuals working for you! I will continue to recommend your firm.

    Carol

  • It was a great pleasure working with you on my lawsuit. You certainly gave 150% of your time and interest in settling my case and for that, I am extremely grateful. Therefore, I want to thank you very much for helping me win my settlement and wish you the very best.

    Linda

  • I can only say great things about my attorney Allan Silverstein. He is professional, he calls back right away, he keeps me informed, and makes me feel comfortable as this entire ordeal is stressful. I have total confidence in his ability to handle whatever comes his way. He is no nonsense and very good at his job. Thank you Allan... he is a true asset to the team!

    Mrs Steward