Dunkirk Workers’ Compensation Lawyer
If you or a loved one have been injured on the job, it may be in your best interest to discuss your situation with a workers’ compensation lawyer Dunkirk, NY victims and their families can turn to in times like the one you are in now. There are plenty of reasons to worry about being hurt on the job, like finding that you can’t return to your job quickly, or even at all, and that can leave you in a pile of debt. If you have found yourself in a position where you can’t work then don’t hesitate to contact the team at Hurwitz, Whitcher & Molloy, LLP for information about how we can help you.
What is Considered a Work Injury?
A work injury that you can pursue payment for through workers’ compensation needs to occur on the job and within the scope of an employee’s duties. Severe injuries suffered intentionally, while intoxicated, or because of the foregoing of mandatory safety equipment are typically exempt from coverage.
Negligence is not a deciding factor like it is in a car accident when it comes to workers’ comp. The issue is, that the employer’s insurance adjuster is going to go out of their way to try to deny your claim. You can get coverage for things like medical bills, lost wages, and disability benefits through workers’ comp but this comes at the expense of employer immunity from lawsuits over the injury. It is why many turn to a Dunkirk workers’ comp lawyer for help through this process.
Many workers end up making mistakes that prevent them from collecting compensation though. Here are the top mistakes people make after suffering a work injury that you should avoid when filing a claim.
Not Reporting Your Job Injury in a Timely Manner
The most common mistake is not reporting your accident to your employer immediately. Depending on the state, there are laws that require the injured employee to report any accident that caused an injury within 30 days to their employer. While some exceptions exist, it really isn’t worth suffering the injury and having to fight for compensation all while defending a delayed report. Given the large number of claims that arise at the workplace, employers are already suspicious of any work-related injury claim. By waiting longer than you should to report your injury, you risk having your injury’s integrity called into question.
Not Disclosing Any Previous Workplace Injuries
The second most common mistake is failing to disclose any previous workplace injuries. Even if the previous accident seemed minor or you didn’t report the previous injury out of concern for losing your job, any failure to report a past incident could result in you losing your compensation completely.
Not Returning to Work When You Are Able
Another mistake is refusing to return to work even when you can. Failing to accept a position offer, even at a lower wage, can be seen as a voluntary loss of income. This means that you can lose any further compensation and benefits that you might need for your injury. To make things worse, your employer can terminate you for refusing to work. Even if you don’t think you will be able to preform the position’s duties, you still have to make an attempt. Only when you show the duties are beyond your capability, can you make a claim that you are unable to follow through with the new position.
If you or a loved one have been injured at work, don’t hesitate to reach out to a Dunkirk workers’ comp lawyer from the team at Hurwitz, Whitcher & Molloy, LLP for more information about how we can you today.
Benefits of Hiring a Lawyer
There is a way to get the money you need to pay the bills and receive proper medical treatment for your injuries. Hiring a lawyer is the first step in helping you get compensation. Many don’t know that hiring a lawyer is something that can truly help you in this process.
A Lawyer Can Reignite Your Claim After Denial
Many people assume that collecting workers’ compensation is easy. The sad truth is, that it is often a complicated process made to ensure that your claim is denied. It isn’t a fair process for those who are under prepared.
A good lawyer can build a case for your compensation that is often more successful than if you were to do it alone. The reason for this is simple, they know the laws inside and out. They know what evidence must be gathered in order to force the insurance company to a favorable settlement. When it comes to knowing what needs to be done a Dunkirk workers’ compensation lawyer understands what is needed and how to get it.
A Lawyer Can Improve Negotiations
It is important to remember that your insurance company isn’t your friend. They are a business and every business has to meet a bottom line. Your lawyer will be able to handle the insurance company that is going to give you a low settlement in hopes that you take it. If you’ve never had to deal with an insurance company, you may not be aware of some of the routine maneuvers they make to avoid paying a fair price.
An experienced lawyer will know these things. They will be well aware of the fact that the routine line of “this is the final offer, take or leave it” is only there to make you panic and sign an agreement to receive fewer benefits than you’re entitled to.
Having a lawyer on your side can ensure that you get the benefits you rightly deserve, rather than settling for an offer that won’t cover everything.
When it comes to getting compensation, you shouldn’t go at it alone. If you or a loved one have been hurt on the job, then talking to a Dunkirk workers’ compensation lawyer is a step you need to take, so don’t hesitate to reach out to Hurwitz, Whitcher & Molloy, LLP today to learn more!