Tonawanda Workers’ Compensation Lawyer

When a worker is injured on the job, not only are there the physical issues of the injury to deal with but there are also often financial issues, especially if the employee will be unable to work for any extended period of time while they recover. Fortunately, New York does have workers’ compensation laws in place to ensure that injured workers receive the financial and other benefits they may be entitled to. Unfortunately, many injured employees do not have an easy time when it comes to collecting those benefits, as many employers and their insurance companies do everything they can to try to deny those claims. This is when a workers’ compensation lawyer in Tonawanda, NY can help.

Why Was Your Claim Denied?

The purpose of workers’ compensation insurance is to provide medical, financial, and vocational support to employees who have sustained injuries due to their work duties or environment. While the majority of claims that are filed are approved in a reasonable period of time and the injured worker begins receiving their benefits, there are also many claims that are initially denied. The following are some of the more common reasons that a Tonawanda, NY workers’ compensation lawyer sees in the cases he or she handles:

• The injured employee waited too long to notify their employee of the injury. Under New York law, an injured worker has 30 days to notify their employer in writing of a work-related illness or injury. If the employee fails to notify their employee within that time period, their claim can be denied. This is why it is important to notify your employee as soon as you know you have sustained an injury.
• The injured employee has a pre-existing condition. In some situations, a claim may be denied if the worker already had a pre-existing condition that is documented. For example, a worker who suffers from back problems slips and falls at work, landing on their back and making the existing back problem even worse. The employer may try to deny the claim by saying the worker already had back issues.
• The injured employee’s own actions or behaviors caused the accident and subsequent injury. There are certain behaviors on the part of an injured worker that will result in the legitimate denial of benefits. Examples include if the worker intentionally injured themselves or if they were under the influence of alcohol or drugs at the time of the accident. Keep in mind, however, that an employer has to prove one of these factors with evidence, not just accusations.

Reasons You Should Hire a Workers’ Compensation Lawyer

1. A Workers’ Compensation Lawyer Makes It Easier To Negotiate With Insurance Companies

Trying to take on a corporate insurance company alone almost surely won’t end in your favor. When you have a workers’ compensation lawyer in Tonawanda, NY, on your side, you are more likely to get the results you want. An attorney from Hurwitz, Witcher, & Molloy LLP, knows how to read an insurance company’s bluffs, understands the negotiation process, and won’t let your employer’s representation bully you into accepting less compensation than you deserve. Attorneys understand that the law is on your side and will keep working on your behalf until you receive a fair amount of compensation.

2. A Workers’ Compensation Lawyer Can Help You With All the Confusing Paperwork and Deadlines

The process of filing a workers’ compensation claim is often time-consuming, confusing, and requires you to fill out a lot of paperwork. When you try to juggle the deadlines of filing your claim with everything else that you need to do in your daily life, it’s easy to miss important deadlines that could leave you not receiving any compensation at all. Working with a professional and experienced workers’ compensation lawyer helps in a variety of ways. First, the attorney understands all of the legal terms in the paperwork and can explain them to you to ensure you fill everything out correctly. Next, it is the attorney’s job to stay on top of important paperwork deadlines, meaning you are less likely to fall behind. Finally, you’ll feel more at peace knowing that you have a professional who is on your side. 

3. A Workers’ Compensation Lawyer Strengthens Your Chances if You End Up in Court

Sometimes, your workers’ compensation lawyer in Tonawanda, NY, and your employer’s insurance company just can’t reach a settlement during the negotiation process. If this happens, you might find that your case ends up in front of a judge and jury. Representing yourself in court is never recommended, as it is too easy to say the wrong thing and completely mess up your chances of receiving any compensation. When you have an attorney from Hurwitz, Witcher, & Molloy LLP, on your side, you are more likely to see a favorable outcome. An attorney can help you find witnesses, gather all of your relevant medical records, file motions or petitions with the court when necessary, and much more. Working with an attorney ensures you still have time to recuperate from your injury, even while you are fighting for compensation in court.  

Can I Also Sue My Employer for the Harm I Have Suffered?

The “tradeoff” for the no-fault nature of the workers’ compensation system is that while employees are granted benefits connected with their work-related harm regardless of how it was caused, employers are insulated from the threat of legal challenges. Meaning, that if you are eligible for workers’ compensation benefits, you may sue others who have contributed to the cause(s) of your harm, but you may not sue your employer. Your employer is exempt from legal liability where your work-related harm is concerned.

With that said, the experienced Tonawanda, NY workers’ compensation lawyer team at our firm can help you to both secure a fairly valued workers’ compensation benefit award and explore whether you may be entitled to other kinds of compensation at this time. For example, if your injuries occurred as a result of intentional wrongdoing by another, you may be entitled to crime victim compensation. If a faulty part of a machine led to your injuries, you may be able to sue the manufacturer of that part for damages. If a motorist struck you while you were working, you may be entitled to an insurance settlement, etc. Whatever your circumstances may be, our firm is here to protect your interests to the fullest extent allowable under the law.

Legal Assistance Is Available

Although you can technically submit a workers’ compensation claim without legal guidance, it is advisable to schedule a risk-free consultation with the experienced New York legal team at Hurwitz, Whitcher, & Molloy before doing so. Your legal situation may be more complex than you have been led to believe and having experienced legal advocates available to answer your questions is an opportunity worth embracing. Our workers’ compensation lawyer Tonawanda, NY team takes great pride in representing the interests of injured workers and we look forward to speaking with you about your situation. 

Under New York law, when an employee suffers a work-related injury, they should qualify for workers’ compensation benefits. Any medical expenses that are incurred to treat the injury are covered under these benefits. The injured employee is also entitled to a large percentage of their weekly pay each week. If the injury leaves the employee with long-term or permanent disability, they may also qualify for other benefits, including vocational counseling if they are unable to return to their occupation because they are no longer able to perform the tasks required. Although injured workers are guaranteed these benefits under the law, employers and their insurance companies sometimes try to do all they can to deny the employee the benefits they deserve. When this happens, a workers’ comp lawyer in Tonawanda, NY can help.

Why You May Need a Lawyer

There are very few exceptions under the law why a workers’ compensation claim should be denied. One legitimate reason for denying a claim is if the employee had intentionally harmed themselves or if the employee was under the influence of alcohol and/or drugs when the accident occurred.

Yet, many injured employees find a denial of benefits claims in their mailbox even though there is no legitimate reason for their employer or the insurance company to do so.

This is why injured workers should always consult with a Tonawanda, NY workers’ comp lawyer. A lawyer will make sure that the insurance company is provided all the evidence there is to prove the injury the employee has suffered. Some of the key pieces of evidence in a workers’ comp claim are all the medical reports that provide all the details regarding the victim’s injury, the damage that the injury has caused, the treatment the injury requires, and any long-term or permanent disability the employee will be left with. In many cases, your lawyer may even recommend a second medical opinion to give added weight to your own physician’s diagnosis, treatment, and prognosis.

One critical factor that many injured workers do not realize is that when you file a workers’ compensation claim, there are deadlines that must be met, or the claim can be denied. There are also requirements of certain documentation and failure to provide this information can also result in a denial. A lawyer will deal directly with the insurance company, which also sends a message to the company that you have an experienced and skillful advocate in your corner.

Having a lawyer handling all of this information ensures that the proper process will be followed and allows the injured worker to focus on their recovery and not all the paperwork and deadlines that their claim may require.

Do’s and Don’ts of Workers’ Compensation

Do Notify Your Employer Immediately

Reporting your accident to your employer must be done as soon as possible. Not only does this ensure proper documentation with your company, but it makes it easier for them to rectify the situation to prevent further injuries. Notifying your employer is the first step in filing a workers’ compensation claim. In most states, there are time limits for a claim to be filed by your employer, so it’s crucial to get the process underway promptly, so you don’t miss the deadline. Reach out to a workers’ comp lawyer in Tonawanda, NY, to learn more about your state’s limitations.

Do Seek Medical Attention From an Approved Doctor

No matter what type of accident you have at work, you should always see a doctor for an exam. Ideally,  you want to visit a doctor approved by the workers’ compensation insurance company, but this usually isn’t necessary if you go to the emergency room. Sometimes it can take time for the pain to show up, and at that point, you may have missed the filing deadline. Having a doctor document your health condition after the accident may make it easier for a workers’ comp lawyer in Tonawanda, NY, to prove your case. If the workers’ comp insurance company denies your claim for medical reasons, an attorney from Hurwitz, Witcher, & Molloy LLP can use these medical records to file an appeal.

Don’t Accept A Settlement Without Consulting a Lawyer

After workers’ comp approves your claim, they might offer you a settlement. Sometimes this may be a lump sum check, and other times it could be an offer for multiple payments. This settlement should be enough to cover your medical expenses, lost wages and loss of earning potential. Before you accept compensation, you should have a workers’ comp lawyer in Tonawanda, NY, review your case. Once you take the payout, it is tough to dispute your claim, so an attorney can ensure you receive everything you’re entitled to. 

Don’t Be Pressured Into Not Reporting an Accident

Even though most states have laws requiring employers to report all accidents to the local health board, some may encourage you not to file an incident report so they don’t have to do this. However, it is against the law for your employer to prevent you from receiving coverage for an accident. If your company tries to interfere with the reporting process, reach out to an attorney from Hurwitz, Witcher, & Molloy LLP.

If you are a full-time or part-time employee and have suffered work-related physical harm, please schedule a risk-free consultation with a workers’ comp lawyer Tonawanda, NY residents turn to at Hurwitz, Whitcher, & Molloy today to explore your options and rights under the law. Most full-time and part-time employees in the United States—whether documented or undocumented—are eligible for workers’ compensation benefits in the event that they are injured or are made ill while on the job.

It is important to understand that eligible workers may collect benefits regardless of where they were when their harm was sustained. Remote workers, employees hurt while traveling, offsite workers… all of these employees are entitled to benefits provided that they are eligible for coverage and were engaged in work-related activity at the time that the harm occurred. With that said, if your harm involves an injury that occurred offsite, an exacerbation of an existing injury, or illness caused by toxic exposure, your case is likely more complex than most. As a result, it is important to connect with the experienced legal team at Hurwitz, Whitcher, & Molloy as soon as you can. The workers’ compensation benefits process is among the most time-sensitive legal processes that exist in the U.S., so it is important to act quickly.

Are Workers’ Comp and Personal Injury Claims Similar?

Depending upon the circumstances that led to your harm, you may be in a position to file both workers’ compensation and personal injury claims related to your situation. A Tonawanda, NY workers’ comp lawyer at our firm can advise you of your options once we learn about the nuances of your situation.

The primary difference between workers’ comp and personal injury claims is that one is “no-fault” and the other is fault-based. Meaning, workers’ compensation benefits are made available to eligible employees regardless of how their work-related injuries occurred, as long as the injurious circumstances in question do not involve an intoxicated or high victim, a victim trying to get hurt, or a victim who started a physical altercation that led to their injuries. By contrast, personal injury claims generally only prevail if it can be proven that another’s negligence, recklessness, or intentionally harmful conduct caused the victim’s injuries.

Additionally, it should be noted that employees eligible for workers’ compensation cannot sue their employers, only others who may have contributed to the cause(s) of their harm.

Legal Assistance Is Available

If you have been injured while engaging in work-related activities or made ill by exposure to toxic substances while on the job, please connect with the experienced New York legal team at Hurwitz, Whitcher, & Molloy in order to explore your rights and options under the law. No two work-related harm scenarios are ever exactly alike. As a result, it is important to avoid making assumptions about your options until your situation has been thoroughly evaluated by an experienced Tonawanda, NY workers’ comp lawyer in a risk-free consultation setting; we look forward to speaking with you.

If you have been injured at work, contact Hurwitz, Whitcher & Molloy, LLP to meet with a seasoned Tonawanda, NY workers’ comp lawyer and find out what legal options you may have.