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Workers Comp Lawyer Buffalo, NY

Workers Comp Lawyer Buffalo, NY Workers Comp Lawyer Buffalo, NY

At Hurwitz, Whitcher & Molloy, LLP, a workers’ comp lawyer Buffalo, NY residents rely on after a workplace accident can talk with you about how to protect your best interests during this time. We are more than happy to reserve your phone or in-person appointment to answer questions about workers’ compensation laws for the state of New York, and whether you need legal assistance when handling your claim. Some workers are able to handle a claim on their own, but it doesn’t hurt to have a professional with vast experience advocating for your behalf.

Unfortunately, all too often injured workers are taken advantage of because they just don’t know their rights or understand when their claim has been mishandled or wrongfully denied. That is where a workers’ comp lawyer Buffalo, NY injured workers trust can be imperative to have on your side, as we are here to protect what is ideal for you and your recovery.

About Workers’ Compensation Programs

A workers’ compensation program is intended to help safeguard businesses and workers from monetary loss after an employee is injured on the job or becomes ill from a work-related factor. Not every company is required to have a workers’ compensation program, so it is of the essence to be aware of what benefits you do and do not have prior to accepting a position. A company that doesn’t have to offer such benefits to their employees include:

  • Those who have hired workers as independent contractors
  • Domestic workers who perform work in private homes
  • Volunteers or interns
  • Seasonal workers
  • Agricultural workers
  • Companies that have less than a certain number of employees

Reporting the Injury Accident

As your workers’ comp lawyer Buffalo, New York employees can depend on may suggest, if you haven’t already reported your injury accident then you must do so immediately. Your employer may ask you if you would like to see a doctor, and if your injuries require more than a first aid kit, then you should accept the offer. If you take too long to report the incident, then your employer and their insurance company may try to cast doubt into your story. This can then impact whether you are approved for workers’ compensation, in addition to how much you receive in compensation. Many workers who are approved for these benefits find out that it isn’t enough to cover their expenses. If this is a problem you are currently dealing with, then we advise speaking with a workers’ comp lawyer Buffalo, NY families trust right away for help.

Contact Our Team Today

Dealing with a serious injury at work can be complicated, especially if you start to suspect that your employer doesn’t have your best interests in mind. You can rest assured that you are in good hands with our team. Call Hurwitz, Whitcher & Molloy, LLP to speak with a workers’ comp lawyer Buffalo, NY injured employees trust when pursuing compensation through a workers’ compensation claim. 

 Vocational Training

After a debilitating workplace injury, an injured employee may need to re-analyze their career path, and new job skills may have to be learned along the way. There are resources to help you accomplish this in the state of New York. Vocational training helps injured workers, who can no longer perform the work they did before their injury, re-train and educate them for new occupations. To find out more about this valuable tool, call our office to speak with a Buffalo, NY workers’ compensation lawyer.

What Is Vocational Rehabilitation?

When an employee is injured on the job, they have the right to seek vocational rehabilitation benefits. Their former employer will pay for their re-education, possibly in an entirely different field, for up to two years. During this time period, the injured employee can continue to receive wage replacement through workers’ compensation. However, to continue receiving benefits, the employee must show continued progress in their program. Unfortunately, some employers will attempt to cut off benefits even to former employees who are upholding their end of the bargain by succeeding in the rehabilitation program. A Buffalo, NY workers’ compensation lawyer is usually required in this circumstance.

Employers Shall Pay for Vocational Rehabilitation Only When it is Deemed Necessary

According to New York’s workers’ compensation laws, employers are responsible for paying for treatment, instruction, and training necessary for the physical, mental, and vocational rehabilitation of injured employees. Proving that the training is “necessary” can be difficult, however.

Proof That Rehabilitation is Necessary Falls on the Shoulders of the Injured Employee

Receiving workers’ compensation benefits to pay for vocational rehabilitation can be difficult, as the burden of proof that vocational rehabilitation is “necessary” lies with the injured employee. The following criteria may be analyzed to determine if training is acceptable in your specific case:

  •     Costs and benefits of the program
  •     Work-life expectancy
  •     Motivation and ability of the employee to participate in the program
  •     Has the employee failed or succeeded in previous rehabilitation programs
  •     Did the injury cause a reduced earning capacity
  •     Will the rehabilitation increase the employee’s earning capacity
  •     The likelihood that employment will be obtained after the program is completed
  •     Existence of employee’s current skills and education that could result in employment without rehabilitation

At Hurwitz, Whitcher & Molloy, LLP, we understand that a denied workers’ compensation claim can mean the difference between you paying for medical bills or getting into debt because of an injury. When you are suffering from an injury that is someone else’s fault, you should not be left to pay for it. Our workers’ comp lawyer in Buffalo, New York knows that you are going through a difficult time as you recover from your injuries and try to get your workers’ compensation claim to go through successfully. If you are worried about getting a claim denied or if you have already submitted a claim and the insurance company or your employer denied it, call our office immediately. The sooner we can begin working with you on your claim the sooner you have a better chance at recovering damages. Speak with our lawyer now. 

Getting a Claim Denial 

The waiting between submitting your workers’ compensation claim and hearing back from the insurance company can be excruciating; almost as painful as your injuries. However, when you do hear back and find out that your claim was denied, you may understandably be quite surprised. There are a few reasons an insurance company may deny your workers’ compensation claim:

  1. You were not hurt on the job
  2. You did not provide enough evidence to show that you were hurt on the job
  3. You did not give your employer enough notice when you became injured or failed to notify them
  4. You did not file your workers’ compensation claim in enough time

These are just some of the reasons an insurance company may deny your workers’ compensation claim and we understand how frustrated you probably are. However, if you believe you have a legitimate claim and have provided the insurance company with the necessary evidence, it is certainly possible to successfully appeal this claim. Appealing a workers’ compensation claim can be done properly with the help of your Buffalo, NY workers’ comp lawyer. 

What can I do with an appeal? 

It is important to remember that you have the right to dispute a denied workers’ compensation claim. We will review the denial letter you received from the insurance company and go over their reasons for denying you these benefits. We will then go over the best next steps and determine if appealing is the right move. If it is, we need to get your appeal in before the state deadline. 

Contact a Buffalo, NY Workers’ Compensation Attorney Today

If you were injured on the job and believe that vocational rehabilitation is the right choice for a fresh start to a new future, contact a workers’ compensation lawyer Buffalo, NY clients recommend from Hurwitz, Whitcher & Molloy, LLP today for legal assistance; we are prepared to advocate aggressively on your behalf.

Client Testimonials

As a disabled claimant, I can’t thank Hurwitz, Whitcher & Molloy enough for guiding me through these past fourteen years. No one else wanted my Workers’ Compensation case. No one! It was complicated. There were a lot of issues that made things difficult. They stuck with it well over a decade with preparedness, intelligence and grace. Mister Melvyn, he’s a good guy. Cathy, she’s so amazing.

- Salli B.

I became a client of the Hurwitz firm in May of 1997 due to injuries I received while I was a meat cutter at I. Isenberg Meats in Buffalo, New York. Since my first encounter with your firm and up until the present day, I have been entirely satisfied with the way your firm has treated me.

- William C.

Thank you for all you do throughout the year. I know I’m in the hands of the best compensation lawyers who really care!! God bless you all.

- Michelle A.

If you are injured at work and need a workers’ comp attorney, you need Hurwitz, Whitcher & Molloy. They are the ‘King Pins’ of all comp attorneys. You will be taken care of every step of the way. I am a very satisfied client!

- Richard B.