Jamestown Workers’ Compensation Lawyer

Top Rated Jamestown Workers’ Compensation Attorneys

If you have been injured at work, you should get in touch with a workers’ compensation lawyer in Jamestown, NY from Hurwitz, Whitcher, & Molloy, L.L.P. You deserve to be compensated for your injuries. A lawyer from our team can help you file a claim and stand up for your legal rights.

What You Should Do After a Work Accident

Nobody expects to get injured at work, so it can be very shocking when it does happen. The steps you take immediately afterward can impact your compensation. Here are a few things you should do after getting injured at work:

Let Your Boss Know
No matter what type of accident you’ve suffered at work, you must tell your boss about it as soon as possible. In New York, you have to report your injury within 30 days. If you try to report your injury after that deadline has passed, you won’t be eligible to receive compensation anymore. Tell your boss when and where the accident occurred.

Seek Medical Care
If you get injured at work, your employer will most likely choose the doctor you see. It’s important to go to the doctor’s office as soon as possible. Otherwise, you could jeopardize your health and your workers’ compensation claim. Tell the doctor how the accident happened and the symptoms you’ve been experiencing thus far. Then, he or she should be able to recommend the appropriate treatment plan.

Get a Second Opinion
If you’re not satisfied with the first doctor’s assessment of your injuries, do not hesitate to see another doctor. Remember to bring the paperwork from your initial doctor’s appointment.

Follow Your Doctor’s Advice
Whether your doctor advises you to go to physical therapy or get surgery, you should follow his or her instructions. If your employer’s insurance company finds out that you haven’t been following your doctor’s orders, they could deny your workers’ compensation benefits.

Talk To a Lawyer
Dealing with a workers’ compensation claim all on your own can be stressful. That’s why you should have an experienced NY workers’ compensation lawyer in Jamestown on your side. He or she can help you fill out your claim accurately and negotiate with the insurance company. You will also be glad to have legal assistance if there are complexities in your case. For instance, if your employer tries to retaliate against you after filing a claim, you will want a skilled lawyer to help you.

Signs of a Mishandled Claim

Unfortunately, your employer may try to lessen or minimize your claim on purpose, so that you are not approved for workers’ compensation benefits. Workers’ comp is a state-mandated program that provides coverage for workers who get hurt or become sick while at work. The program extends to situations where a worker was not on the job site itself, such as running a work-related errand or when traveling while away for business.

Not handling a workers’ compensation claim as it should be is a serious offense. Signs that your employer may be mishandling your claim include: 

• Your paperwork was turned in past a deadline, or not at all
• Your employer has not kept you updated on the status of your claim and whether it was approved or denied
• When notifying your employer about an injury accident, he or she has attempted to convince you to not submit a workers’ comp claim
• Since filing for or using workers’ compensation benefits, you have been moved to another department or had a change in responsibilities

It is imperative that any worker who’s been hurt or gotten sick while on the job or traveling notifies their boss and completes an incident report. If an employee doesn’t report what happened, then other employees could be vulnerable to getting hurt too. If a workplace hazard needs to be attended to, then the person on-duty as supervisor at the time must take immediate action to fix it.

After letting your employer know about the injury accident, they are likely to send you to a doctor chosen by the company to examine and treat you. However, this doctor may be biased towards saving the employer money instead of providing the extent of care the worker needs to recover. Depending, you may be permitted to get a second opinion from your personal physician.

Questions To Ask Your Workers’ Comp Lawyer

During your first consultation with a workers’ comp lawyer, you should ask many questions to determine if he or she is the right person to represent you. Here are some questions you should ask.

How many workers’ compensation cases have you handled?

This is one of the first questions you should ask. A lawyer could be very skilled, but may not have enough experience in workers’ compensation law. If a lawyer works on a workers’ compensation case on occasion and helps a client with a DUI the next day, he or she may not be the right person to represent you. It’s in your best interest to hire a lawyer who specifically deals with workers’ compensation claims.

Have you ever represented clients with similar injuries to mine?

It’s not only important to find a lawyer who has experience with workers’ compensation cases. It’s also critical to select a lawyer who has represented clients with injuries similar to yours. For example, if you developed carpal tunnel syndrome from typing on a computer all day, that type of injury can be trickier to prove. A lawyer who had dealt with that specific injury in the past may be more of a help to you.

What are the strengths and weaknesses in my case?

It’s a good idea to be aware about the strengths and weaknesses of your workers’ compensation case from the beginning. A workers’ comp lawyer in Jamestown, NY can review your case and let you know where you stand.

How long will the process take?

Although your workers’ comp lawyer may not be able to give you an exact date, he or she can estimate how long it may take for your case to settle. Knowing how long the entire process may take can help you mentally prepare.

When should I settle?

It’s also important to ask your workers’ comp lawyer when you should settle your claim. He or she will have to understand the details of your claim and working history with your employer before answering this question. Generally, you should wait until you’ve completed your medical treatments before you settle.

Call Hurwitz, Whitcher & Molloy, L.L.P. 

We know that dealing with a workers’ compensation issue can be stressful, and you may feel like no one has your best at heart because so many different parties are only watching out for their own interests. It isn’t fair that you would have to face hardship because an employer failed to cover your needs while recovering from a workplace injury accident. To make sure your claim is handled properly and fairly, call a workers’ compensation lawyer in Jamestown, New York at Hurwitz, Whitcher & Molloy, LLP today.