Understanding Your Workers’ Compensation Claim
Our Buffalo, NY workers’ comp lawyer 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’ can handle a claim on their own, but it doesn’t hurt to have a professional with vast experience advocating for your behalf.
Table Of Contents
- Understanding Your Workers’ Compensation Claim
- Proving Eligibility For Workers’ Compensation
- Types of Medical Expenses Workers’ Compensation Benefits Can Cover
- Buffalo Workers’ Comp Infographic
- Buffalo Workers’ Comp Statistics
- Buffalo Workers’ Comp FAQs
- Hurwitz, Whitcher & Molloy, LLP Buffalo Workers’ Comp Lawyer
- Contact Our Workers’ Comp Lawyer Today
Workers’ Compensation Scope and Eligibility
Workers’ compensation is a vital aspect of employment law, designed to aid employees who have suffered work-related injuries or illnesses. At Hurwitz, Whitcher, & Molloy, we are committed to helping individuals understand their rights and eligibility regarding workers’ compensation.
Workers’ compensation is a critical system in place to protect employees who suffer injuries or illnesses due to their job. It’s a form of insurance that ensures employees are not left financially vulnerable because of work-related health issues.
Purpose and Scope of Workers’ Compensation
Workers’ compensation includes financial support for medical treatment, compensation for lost wages, rehabilitation and retraining, dependent benefits in the case of death, and more. Financial support for medical treatment includes all medical expenses related to the work injury or illness. It can cover hospital visits, medical procedures, medications, and any specialized equipment needed for recovery. If an employee is unable to work due to their injury or illness, workers’ compensation provides a portion of their regular wages. This benefit is crucial in helping employees maintain financial stability during their recovery period. In cases where an injury results in long-term disability or a need to change professions, workers’ compensation can cover rehabilitation and retraining costs. This ensures that employees can return to the workforce in a new capacity if needed. In the tragic event of a worker’s death due to a job-related issue, workers’ compensation offers benefits to the dependents of the deceased. This can include financial support and coverage of funeral expenses.
Eligibility Criteria for Workers’ Compensation
Eligibility for workers’ compensation includes multiple factors. The injury or illness must have occurred in the course of employment or due to job duties. This includes incidents that happen within the workplace and those that may occur off-site but are job-related. Additionally, the individual seeking compensation must be a legal employee of the company. Independent contractors, freelancers, and certain other categories of workers may not be eligible under some workers’ compensation plans. It is imperative that the employee informs their employer about the injury or illness as soon as possible. There are often strict deadlines for reporting these incidents to qualify for workers’ compensation benefits.
Types of Workers’ Compensation Benefits
There are many benefits that can be received through a workers’ compensation claim. Medical care is often the most immediate need, covering treatments required to address the work-related injury or illness. It’s designed to alleviate the financial burden of healthcare costs associated with the injury. Disability benefits are categorized into temporary and permanent, partial and total disabilities, depending on the nature and severity of the injury. They are calculated based on a percentage of the employee’s usual wages. Rehabilitation benefits aim to help the employee recover and return to work. They can include physical therapy, occupational therapy, and even vocational training if the employee needs to switch careers. Death benefits provide financial assistance to the dependents of a worker who dies due to a job-related incident. The amount and duration of these benefits can vary based on the worker’s earnings and family situation.
Workers’ compensation is a comprehensive system designed to support employees in times of need due to work-related injuries or illnesses. Understanding these benefits and the eligibility criteria is crucial for employees to ensure they are adequately protected in their workplace. At Hurwitz, Whitcher, & Molloy, we are committed to ensuring that you receive the full benefits you deserve.
Proving Eligibility For Workers’ Compensation
Proving eligibility is an important part of the role of our Buffalo workers’ comp attorney. By understanding the criteria for eligibility, avoiding common mistakes and misconceptions, and understanding how to prove eligibility, we can set you up for success with your claim.
Eligibility Criteria for Workers’ Compensation
Eligibility for workers’ compensation hinges on several key criteria such as employment status, the nature of the injury, the timeliness of reporting, and proof of the injury. The individual must be a legal employee of a company that carries workers’ compensation insurance. This can include full-time, part-time, and in some cases, temporary workers. The injury or illness must be directly related to the employee’s job. Injuries occurring in the workplace or as a result of job duties are typically covered. Employees must report their injury or illness to their employer within a specified time frame, which varies by state. In some cases, employees may need to provide evidence that their injury or illness is work-related.
Common Misconceptions about Eligibility
There are several misconceptions about workers’ compensation eligibility. One such misconception is that contract workers and freelancers are eligible for workers’ comp claims. Generally, these workers are not eligible as they are not considered employees of the company. Another misconception revolves around the concept of negligence. Unlike personal injury claims, workers’ compensation does not usually consider fault or negligence. Even if the injury was due to a mistake by the employee, they might still be eligible. Additionally, some people believe only physical injuries are covered, but mental and emotional stress injuries can also be eligible if they are job-related.
Claim Denial And Eligibility
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:
- You were not hurt on the job
- You did not provide enough evidence to show that you were hurt on the job
- You did not give your employer enough notice when you became injured or failed to notify them
- 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 correctly with the help of your Buffalo, NY workers’ comp lawyer.
Types of Medical Expenses Workers’ Compensation Benefits Can Cover
Workers’ Compensation benefits typically cover medical expenses related to a workplace injury or illness. The specific expenses that are eligible for medical reimbursement may vary depending on the laws and regulations in your jurisdiction, but generally, eligible medical expenses in Workers’ Compensation benefits can include:
- Doctor’s visits: Expenses related to visits to a healthcare provider, including initial evaluations, follow-up appointments, and specialist consultations.
- Hospitalization: Costs associated with hospital stays, surgeries, and other inpatient care required due to a workplace injury or illness.
- Prescription medications: The cost of medications prescribed to treat the injury or illness.
- Medical tests and diagnostic procedures: Expenses for X-rays, MRI scans, blood tests, and other medical tests necessary for diagnosis and treatment.
- Physical therapy and rehabilitation: The cost of physical therapy sessions, occupational therapy, and rehabilitation services needed to recover from the injury or illness.
- Medical equipment and supplies: Expenses for durable medical equipment like crutches, wheelchairs, braces, and other assistive devices.
- Prosthetics and orthotics: The cost of artificial limbs or orthopedic devices needed as a result of the injury.
- Home healthcare services: If home healthcare is deemed necessary, the expenses related to home health aides, nursing care, and medical equipment for home use may be covered.
- Transportation costs: Reimbursement for reasonable transportation expenses to and from medical appointments, such as mileage or public transportation fares.
- Vocational rehabilitation: In some cases, vocational rehabilitation services to help injured workers return to work may be covered.
- Pain management: Costs associated with pain management treatments, including pain medications and pain management programs.
- Mental health treatment: Expenses for counseling or therapy if the workplace injury or illness has caused psychological or emotional distress.
Buffalo Workers’ Comp Infographic
Buffalo Workers’ Comp Statistics
According to the Bureau of Labor Statistics, each year, about four million people file workers’ compensation claims in the United States. The average claim is approximately $30,000. The most common areas of the body where workers are hurt include the head, neck, and back.
Workers’ compensation benefits can include medical care, lost wages, and vocational rehabilitation. If you have been injured on the job, contact one of our workers’ compensation lawyers to find out what benefits you may be entitled to. We can also help you if your workers’ claim has been denied. Call our office today,
Buffalo Workers’ Comp FAQs
If you’ve been injured on the job, you likely have many questions about workers’ compensation, why a worker’s comp lawyer in Buffalo, NY is needed, and what to do next. In this FAQ section, we’ll answer some of the most commonly asked questions about workers’ compensation and how a workers’ comp lawyer can help.
How long do I have to file a workers’ compensation claim?
The timeframe for filing a workers’ compensation claim varies from state to state. In some states, you have as little as 30 days to report your injury and file a claim. It’s important to check your state’s specific laws and regulations.
Can I choose my own doctor for my workers’ compensation claim?
In most cases, you can choose your own doctor for your workers’ compensation claim. However, some states have specific regulations about which doctors you can see.
Can I receive workers’ compensation benefits if the accident was my fault?
Workers’ compensation is a no-fault system, which means that you can receive benefits even if the accident was your fault. However, there are some exceptions, such as injuries caused by drug or alcohol use.
What if my workers’ compensation claim is denied?
If your workers’ compensation claim is denied, you can appeal the decision. A workers’ comp lawyer in Buffalo, NY can help you through the appeals process and present evidence to support your claim.
Hurwitz, Whitcher & Molloy, LLP Buffalo Workers’ Comp Lawyer
424 Main Street Suite 1725 Buffalo, NY 14202
Contact Our Workers’ Comp Lawyer Today
Dealing with a severe 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.
Workers’ compensation can be a complex and confusing process. If you’ve been injured on the job, it’s important to seek the help of a workers’ comp lawyer. They can help you understand your rights and obligations, navigate the claims process, and maximize your compensation. By understanding the workers’ compensation process and working with a skilled attorney, you can ensure you receive the benefits you deserve.
As an injured construction worker, it can feel as though the deck has been stacked against you. Hurwitz, Whitcher & Molloy, LLP, wants to help you. We are dedicated to assisting those who are at a disadvantage. We want to help protect your rights and ensure that you receive the benefits and compensation you require during this difficult time. To learn more, schedule your consultation with our Buffalo, New York workers’ comp lawyer without hesitation.
