Work Injury Lawyer Buffalo, NY
If you get hurt at work, you may need immediate medical attention, a source of income and you need a work injury lawyer in Buffalo, NY. Don’t wait because you and your family will need to quickly get the benefits you deserve. At Hurwitz, Whitcher & Molloy, we will put our years of experience at your fingertips to get you immediate results. If you need a Buffalo, NY work injury lawyer, our firm has long been in the front line of the fight for injured workers.
Employees or Independent Contractor – Does it affect Workers’ Compensation coverage?
Employers have to provide workers’ compensation coverage for their employees. Sometimes employers try to save money by claiming that an employee is actually an independent contractor. In this way, an injured worker could lose out on insurance coverage for his or her injury. There are some important factors to consider in deciding whether someone is truly an independent contractor or in fact, an employee. If your boss is claiming you are an independent contractor, you need to talk to a Buffalo, NY work injury lawyer and you cannot do better than Hurwitz, Whitcher & Molloy. If you are not truly “independent”, your employer’s policy should cover your injury. If you own your own business and operate as an independent contractor, you may be able to secure a Workers’ Compensation policy to cover yourself in the event of future injuries.
Accidents and Occupational Diseases
Workers Compensation insurance covers injuries that happen suddenly or over the course of a day or perhaps several days. For instance, if you lift an 80-pound bundle of roofing shingles, a work injury might involve a sudden excruciating pain in your low back, or it may occur after lifting multiple bundles over a day or two and then waking the following day and not being able to get out of bed due to you back being completely stiff and sore. Workers compensation injuries which occur over an even longer period of time and are due to the nature of your work are referred to as occupational diseases. An example of this would be carpal tunnel syndrome due to repetitive use of your hands over a lengthy period of time. These types of injuries are often denied by employers and their insurance companies. If you have been denied or aren’t sure if you have a claim, contact a work injury lawyer in Buffalo, NY.
Notice to your employer of work injury and the filing of a claim
In New York and in most other states, if you are hurt at work or suspect that a physical condition was caused by something that happened at work or by the type of work you do, you must notify your employer promptly. In New York, the requirement is within 30 days of the accident or occurrence. Additionally, in New York State, the filing of a claim with the New York State Workers’ Compensation Board is required within two years of the accident. In the case of an occupational disease, the claim must be filed within two years of when the injured worker knew or should have known that the condition or disease is work related. Failure to properly give notice and file a claim can result in a permanent denial of your claim. Navigation through all these requirements is best done with the assistance of a Buffalo, NY work injury lawyer. If your claim should be denied by your employer’s workers’ compensation insurance carrier, you will definitely need the services of Hurwitz, Whitcher & Molloy.
Benefits after acceptance of the claim by the Insurance Company
Once your case is accepted, and the injury or work-related condition has caused you to be out of work, you are entitled to lost wage benefits. In New York State, if totally disabled, you are entitled to two-thirds of your average weekly wage subject to a state wide maximum that varies depending on your date of accident. If you are deemed not totally disabled, your benefits will be less. Insurance companies routinely work to keep your benefits as low as possible and therefore, it is best to always have a work injury lawyer in Buffalo, NY by your side. You are also entitled to medical treatment and in New York, this must be by medical providers authorized by the Workers’ Compensation Board. Often times, injured workers have difficulty finding an authorized doctor. Once found, the insurance company may deny certain types of treatment, for various reasons. This makes it even more important to have a Buffalo, NY work injury lawyer always fighting for you.
4 Advantages of Hiring a Work Injury Lawyer
A work injury accident can have steep consequences, affecting your life in many ways, as a work injury lawyer in Buffalo, NY knows. Millions of people suffer minor to severe injuries as a result of work-related accidents annually, and many choose to file a claim. If you have a skilled lawyer at your side who can fight for your legal rights as an accident victim, your experience will go much more smoothly. They will work hard for you so that you can recover compensation you are entitled to. Here are some of the top reasons that you should consider filing a work injury claim.
Receive legal guidance throughout your case
One of the main benefits of hiring a skilled work injury lawyer is that they can assist you through every part of the claim. They will explain the relevant laws that apply to your case, and give you the proper legal guidance so that you do not make any mistakes. With the help of a Buffalo work injury lawyer, you may be able to maximize your claim amount so that you are compensated to the fullest extent possible. When you lack legal guidance for a work injury claim, you risk making mistakes that can cause you to receive a much lower amount than what you deserve.
The legal system is complex
Workers compensation law is not easy to understand for the average person. Lawyers have years of legal education and experience, so they know the laws well and can explain them to you. You can save a lot of time by hiring a lawyer because you do not need to do complex research yourself. While you can attempt to learn how the laws work and how they affect your case, it is much better to hire a lawyer who already has knowledge about how workers compensation insurance works.
A lawyer has years of experience
Lawyers have extensive litigation experience so they are prepared to assist you with your case. They understand the strategies that will enable you to achieve the results that you are searching for. They are familiar with communicating with insurance companies, so they know what to do in case the insurance company is not willing to cooperate or does not want to agree on a fair compensation amount.
You can obtain a higher settlement
People who hire a lawyer when working on a work injury claim tend to have a much better case outcome than those who choose not to hire a lawyer. Hiring a work injury lawyer who specializes in that practice area makes a great difference. They can do necessary negotiations to fight for a more fair and accurate settlement. A skilled and highly competent work injury lawyer will fight hard for you so that you can achieve the fair settlement that you deserve and nothing less.
When you take the time to explore your legal options you will not regret. Too many work injury accident victims decide not to take legal action without thoroughly exploring their full range of options. There is accessible and high-quality legal assistance available so that you don’t have to go through the burden of taking on a claim yourself. Request a consultation with a top-rated Buffalo work injury lawyer right away.
Awards for Permanent Conditions
Approximately one year after your injury or a year after any surgery, for New York injured workers, an assessment will be made as to whether any permanent impairment exists with regard to your work injury or disease. This can often result in a cash award or settlement. However, the system is very complex, making it all the more important to have a Buffalo, NY work injury lawyer working with you throughout your entire case. So don’t delay. Contact us today!
