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 can handle a claim on their own, but it doesn’t hurt to have a professional with vast experience advocating for your behalf.
Unfortunately, injured workers are often 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 before 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 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, 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 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.
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 their work 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 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 uphold 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 going into debt because of an injury. When you suffer 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 of recovering damages. Please 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:
- 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.
A FEW REASONS AN INSURANCE COMPANY MAY DENY YOUR WORKERS’ COMPENSATION CLAIM INFOGRAPHIC
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 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. Hurwitz, Whitcher & Molloy, LLP, can provide legal assistance and is prepared to advocate aggressively on your behalf.
Managing Workers’ Compensation for Construction Accidents
Our workers’ comp lawyer Buffalo, NY, recommends knows that it comes as no surprise that construction jobs are among the most hazardous. This is because there are several hazards on construction sites that can be dangerous to construction workers. The impact can be damaging, resulting in life long injuries and extensive losses. It may be challenging for a construction accident victim to have a clear picture of how to take action; however, it’s critical to take the proper steps to ensure a positive outcome. While workers’ compensation benefits offer several advantages, finding the right lawyer will be crucial. The professionals at Hurwitz, Whitcher & Molloy, LLP know that the road ahead may be difficult, which is why seeking the assistance of our team may be critical to ensuring your rights are protected.
Common Hazards on Construction Sites
The construction industry is an incredibly dangerous field to work in as workers are commonly exposed to hazardous situations. Despite this, employers should make every effort to provide a safe work environment, mitigating the risk of injuries that might occur. As a result, there is a multitude of hazardous situations that a construction site might pose to construction workers, including:
- Working with heavy machinery
- Being struck by a heavy object
- Falls from scaffolding or trenches
- Exposure to toxic chemicals
There are many ways that an accident may occur, all of which can cause severe injuries, such as broken bones, spinal injuries, brain injuries, lacerations, and more. Our Buffalo, NY workers comp lawyer, should be one of your first calls to ensure that your rights are protected during this incredibly difficult time.
How to Take Action
The moments, days, and even months following a work related accident will be crucial, which is why one of the first steps to take should be to contact an experienced lawyer in the area. In addition to getting a lawyer, many other immediate steps should be taken, including:
- Reporting the accident to your employer immediately
- Seek immediate medical care for the accident
- Gathering as much evidence about the accident as possible this might include:
- Accident reports
- Photographs
- Eyewitness Statements
- Medical Documentation
- File a workers’ compensation claim
- Determine whether a third-party claim can be filed
No victim should be left to suffer the losses (both physical and financial) that may result in the wake of an accident. This is a primary reason to take every step necessary to protect your ability to seek support and compensation.
Find the Right Representation for Your Case
There are undoubtedly many critical steps that will need to be taken, and one of the most important is to seek the guidance that an experienced and dedicated workers comp lawyer can provide you with. However, it’s essential to know that you won’t want to choose just anyone to represent you in your claim. Find the right lawyer by:
- Carefully researching area lawyers
- Choosing a lawyer with experience in representing workers’ compensation cases
- Ask for recommendations from those you know
- Schedule a consultation for the opportunity to ask questions of prospective lawyers
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.
Frequently Asked Questions | Workers Compensation
If you’ve been injured on the job, you likely have many questions about workers’ compensation, why a workers 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.
What is workers’ compensation?
Workers’ compensation is a type of insurance that provides benefits to employees who are injured on the job. These benefits typically cover medical expenses, lost wages, and rehabilitation costs.
Who is eligible for workers’ compensation?
In general, employees who are injured while working are eligible for workers’ compensation benefits. This includes full-time, part-time, and seasonal employees.
What should I do if I’m injured on the job?
If you are injured on the job, it’s important to seek medical attention immediately. You should also notify your employer as soon as possible and file a workers’ compensation claim.
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.
What benefits am I entitled to under workers’ compensation?
The benefits you are entitled to under workers’ compensation depend on the severity of your injury and the laws in your state. In general, workers’ compensation benefits cover medical expenses, lost wages, and rehabilitation costs.
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.
How can a workers’ comp lawyer help me?
A Buffalo workers’ comp lawyer can help you understand your rights and obligations under workers’ compensation law. They can help you navigate the claims process, negotiate with insurance companies, represent you in court, and maximize your compensation.
How do I choose a workers’ comp lawyer?
When choosing a workers’ comp lawyer, look for someone with experience handling workers’ compensation cases. They should also have a good reputation in the legal community, communicate clearly and regularly with their clients, and be transparent about their fees.
Do I need a workers’ comp lawyer?
If you’ve been injured on the job, it’s always a good idea to consult with a workers’ comp lawyer. They can help you understand your rights and obligations, navigate the claims process, and maximize your compensation.
Get Legal Help As Soon As Possible.
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.
