Workers’ Compensation Lawyer Elma, NY
Workers’ Compensation Lawyer Elma, NYWhile many work-related injuries occur suddenly in an accident, there are a lot of job injuries that only become noticeable over a period of time. According to national statistics from the Occupational Safety and Health Administration (OSHA), each year, almost two million workers suffer a repetitive stress injury that is caused by their job duties. These types of injuries include tendinitis, carpal tunnel syndrome, neck, and lower back injuries. Under New York law, a worker who suffers from a job-related repetitive stress injury may qualify for workers’ compensation benefits. A workers’ compensation lawyer in Elma, NY can help.
Repetitive Stress Injury Claim
Repetitive stress injury symptoms occur gradually. It starts with occasional pain in the injured area, but usually not enough to alert the worker that something is wrong. Over time, that occasional pain works itself into a persistent and chronic pain that often interferes with the worker’s quality of life and their ability to do even day-to-day activities. Their ability to perform their job duties is also greatly affected since they are required to continuously move the affected area in the same way that caused the injury to begin with.
Under New York law, injured workers are required to notify their employers within 30 days of the injury, however, with these types of claims, it is often difficult to determine what the date of injury should be. However, once a worker realizes something is wrong, they should notify their employer and seek out medical attention right away.
Any medical treatment that you do receive should be documented and all of these records kept. This will be used for evidence in your workers’ compensation claim. This information will be especially important for your Elma, NY workers’ compensation lawyer to have should the insurance company deny your claim.
Denying repetitive stress injury claims is fairly common due to the way these injuries progress slowly over time. But having a skilled lawyer can make all the difference in proving that the injury is work-related and covered under workers’ compensation insurance.
Once a claim is approved, all of the injured worker’s medical treatments will be covered. While physical therapy, medications, and other non-invasive treatments sometimes work, many people who suffer from these injuries require surgery to repair the damage.
Unfortunately, even with surgery, many workers find that they are left with some degree of permanent damage and are unable to return to their prior occupation. In these cases, a lawyer will make sure that either the employer provides an alternative position, or the worker is provided with some kind of education and/or vocational training in some other profession that their permanent injury will not interfere or worsen.
Call Our Office for Help
If you believe you have suffered a repetitive stress injury from work, contact Hurwitz, Whitcher & Molloy, LLP to speak with an Elma, NY workers’ compensation lawyer and find out what benefits you may be covered for.
Resolving A Workers Compensation Claim
According to our Elma, NY workers’ compensation lawyer, settling a claim can take a few months to several years. The timeframe depends on factors such as the severity of the injury, medical treatment needs, and negotiations between the parties involved. While some cases are resolved quickly, others require extensive legal action, making the process longer.
Factors That Influence The Settlement Timeline
The length of time it takes to finalize a claim varies based on several key elements. One of the most significant factors is the severity of the injury. Minor injuries with clear medical documentation often settle faster than serious injuries that require long-term treatment. Ongoing medical care can prolong negotiations as doctors determine the full extent of the injury and future medical needs.
Insurance company involvement also plays a major role. Insurers review claims thoroughly before agreeing to a settlement, and they may dispute medical reports or wage loss calculations. In some cases, they may offer a lower settlement than what is fair, leading to further discussions and potential legal action.
Disputes between the injured worker and the employer or insurer can further extend the process. If disagreements arise regarding liability, benefit amounts, or medical coverage, the claim may go through mediation or even a formal hearing. Court involvement significantly lengthens the timeline, sometimes by years.
Settlement Phases And Time Estimates
Workers’ compensation claims generally follow a structured process. First, the injured worker files a claim with their employer, who then submits it to the insurance company. The insurer investigates the claim, which can take several weeks. If liability is accepted, benefits begin, but settlement discussions may not start until medical treatment reaches a stable point.
Once treatment is completed or reaches maximum medical improvement, settlement negotiations can begin. In straightforward cases, this stage may take a few weeks to a few months. If both parties agree on a fair resolution, the case can close quickly. However, if negotiations stall, mediation may be necessary. Mediation can take several months, and if an agreement is still not reached, the case may proceed to a hearing or trial, which can add a year or more to the timeline.
How We Can Help Streamline The Process
At Hurwitz, Whitcher & Molloy, we have over fifty years of experience helping injured workers pursue fair and timely settlements. Our client-centered approach focuses on gathering strong medical evidence, handling insurance negotiations efficiently, and representing clients in hearings when necessary. While every case is different, our Elma workers’ compensation lawyer can help you avoid unnecessary delays.
If you have suffered a workplace injury and are facing challenges with your workers’ compensation claim, our team of experienced legal professionals is here to help. The sooner you take action, the sooner we can work toward a resolution. Don’t delay, contact our skilled Elma workers’ compensation lawyer for a consultation to discuss your case and the next steps in the process. Start your journey toward justice and compensation today!
