Workers’ Compensation Lawyer Buffalo, NY

Certainly, in New York, you can return to work while on workers’ compensation benefits if you are capable of performing light duty or part-time work despite your injury. This may make you eligible for partial benefits. Keep in mind though, it’s important to maintain communication with your employer, doctor, insurance company and your attorney before resuming work. Your doctor must approve your return. If your employer does not have any work within your restrictions, you may be eligible for unemployment benefits. All relevant parties should be kept informed and we advise our clients to always consult with us before making decisions that could affect their benefits. Any return to work must be reported immediately to the insurance company and failure to do so could result in you permanently losing your benefits for lost time from work.

The general time limit for filing a personal injury claim in New York is three years from the accident date. However, exceptions do exist. For instance, if the claim involves a government agency, a notice of claim must be filed within 90 days, and a lawsuit must be initiated within one year and 90 days. We highly recommend consulting with us as soon as possible after an accident to ensure all deadlines are met, and your rights are protected. Delay and procrastination in these situations can unfortunately result in missing out on compensation.

To establish negligence in a New York slip and fall case, four key components must be proven. First, it must be shown that the defendant had a duty of care towards you, such as a property owner’s duty to maintain their property safely. Then, it must be proven that the defendant failed in this duty of care, for example, by not repairing a broken step, cleaning a spill, or removing snow and ice. Next, we must establish that this failure directly resulted in your injuries. Finally, we need to prove that you incurred damages, such as medical bills, lost earnings, or pain and suffering. Gathering evidence like accident reports, witness testimonies, and photographs is incredibly important to proving each of these facets of negligence.

The time required to settle a construction accident claim can vary widely based on several factors, ranging from a few months to several years. Factors include the case’s complexity, the injury severity, the number of involved parties, and whether the case proceeds to trial. Often, insurance companies will attempt to prolong the process. At Hurwitz, Whitcher & Molloy, we always strive to settle our clients’ cases as swiftly as possible while ensuring they receive the maximum compensation allowable. However, you should be prepared for the process to take time.

If you’re hurt at work, you usually will qualify for New York workers’ compensation benefits. However, New York law also permits injured workers to file a third-party lawsuit if an outside party caused the work injury. For example, if a subcontractor on your construction job site created unsafe conditions or directly caused your accident, you could file a suit against them in addition to claiming workers’ compensation. Or, if you drive for work, and another driver hits you while you’re driving on a work-related task, you may file a suit against the other driver. Third-party lawsuits give you an avenue to seek compensation for your intangible losses, like pain and suffering, as well as the full amount of your lost wages. Each case is different, though, so contact our experienced NY workers’ comp lawyer to discuss the best options for your situation.

Some workplace injuries and occupational illnesses leave lasting effects, like chronic pain, persistent fatigue, or difficulty completing certain physical tasks. You may not feel ready to resume work, but your employer believes you should go back. Talk to your treating physician about specifying what tasks you can do or pushing back your return-to-work date. However, your employer may threaten to deny future workers’ comp payments or may threaten to let you go if you don’t go back to work. This may be considered retaliation, which is illegal. Discussing your options with our team is the best way to protect your job and your benefits. You may also be able to talk to your employer about working in a different job or about accommodations available to work around your limited abilities.

Many people just like you depend on Social Security Disability (SSD) benefits to make ends meet when they can’t work. However, the Social Security Administration (SSA) has a very narrow definition of what a disability is and what it isn’t. The SSA’s “Blue Book” contains specific disabilities that qualify an individual for disability benefits, and if your condition isn’t a qualifying one, then your application may be denied. You have the right to file an appeal for your SSD denial, though. First, you can ask for a re-review of your application. This is conducted by another SSA benefits specialist, and essentially, you’re asking for someone else to take another look at your application. If your claim is still denied, you can file a more formal appeal. An appeal may need additional supporting documentation or medical evidence of your disability. Any errors or omissions in your appeal could cause it to be delayed or even denied. You have the right to have an attorney draft and file the appeal for you and even argue your case before the Appeals Board. SSA regulations can be confusing if you’re unfamiliar with the laws. Contact our office today to discuss the circumstances of your case and how we can help.