Workers’ Compensation Lawyer Tonawanda, NY
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.
Contact Our Office Today
If you have been injured at work and your employer is trying to deny your claim, call Hurwitz, Whitcher & Molloy, LLP to meet a Tonawanda, NY workers’ compensation lawyer and ensure you get the benefits you deserve.
