Buffalo Workers’ Compensation Lawyers
Workplace injuries are common in New York State. In the private sector alone, there were 138,900 nonfatal workplace injuries and illnesses in New York State in 2022. Workers who are covered by workers’ compensation insurance have the right to receive benefits that cover part of their income and the costs of the injuries.
If you’ve suffered a work-related injury or illness, the Buffalo workers’ compensation lawyers at Hiller Comerford are here to help. Contact us today for a free consultation.
Understanding Workers’ Compensation Laws in Buffalo, New York
Overview of Workers’ Compensation in New York
New York’s workers’ compensation system provides no-fault benefits for most workplace injuries, meaning employees don’t need to prove employer negligence to receive compensation. Benefits include medical coverage, wage replacement, and disability payments for temporary or permanent injuries.
Eligibility Requirements
Most employees are covered under New York’s workers’ compensation laws; however, specific roles, such as independent contractors and some agricultural workers, may be excluded.
Employer and Employee Responsibilities
Employees must report workplace injuries promptly to meet filing deadlines for benefits. Employers, in turn, are responsible for reporting incidents to the Workers’ Compensation Board and ensuring compliance with the compensation system.
Common Types of Workplace Injuries in Buffalo
Injuries from Manual Labor: Workers in industries like construction and manufacturing face high risks of falls, machinery accidents, and electrocutions on the job, leading to severe injuries that often require extensive medical treatment.
Repetitive Stress Injuries: Continuous repetitive motions can result in carpal tunnel syndrome, tendonitis, and joint pain. These injuries develop over time and can significantly impair workers’ abilities.
Occupational Illnesses: Workers exposed to asbestos, toxic chemicals, or other hazardous substances may suffer from respiratory conditions, chemical poisoning, and other long-term health issues.
Back and Neck Injuries: Heavy lifting and slip-and-fall incidents are common sources of back and neck injuries, often leading to chronic pain or disability.
Why Prompt Legal Action Matters in Workers’ Compensation Cases
Statute of Limitations for Workers’ Compensation Claims in New York
In New York, workers must adhere to strict deadlines when filing workers’ compensation claims and appeals. Failing to file an initial claim within the time allowed can result in a loss of benefits.
Preserving Evidence to Support Your Case
Early investigation is essential to gather evidence, such as medical documentation and witness statements, which can strengthen your case and substantiate your claim.
Avoiding Delays and Mistakes That Can Impact Your Benefits
Prompt action helps prevent costly mistakes, ensuring that benefits aren’t delayed or denied due to incomplete documentation or missed deadlines.
How a Workers’ Compensation Lawyer Can Help
A workers’ compensation lawyer provides essential support throughout the claims process, ensuring your rights are protected and maximizing your chances of receiving fair benefits. Here’s how a lawyer can assist:
- Guiding You Through Complex Paperwork: Filing workers’ compensation claims involves detailed forms and strict deadlines; an attorney helps you avoid errors that could delay or deny benefits.
- Collecting Evidence and Medical Records: A lawyer gathers documentation, medical records, and witness statements to build a strong case.
- Representing You in Appeals: If your claim is denied, an attorney can guide you through the appeals process, preparing you for hearings and ensuring you have the best chance of success.
- Negotiating with Insurers: Insurance companies may attempt to minimize payouts; a lawyer advocates for the full extent of benefits you deserve, including wage replacement, medical care, and rehabilitation.
Hiring an experienced workers’ compensation lawyer offers you the confidence that your case is in capable hands, allowing you to focus on recovery while they handle the legal complexities.
What to Do if Your Workers’ Compensation Claim Is Denied
Common Reasons for Denial
Claims can be denied due to missed deadlines, insufficient evidence, or employer disputes over whether the injury is work-related. Understanding the reasons for denial can help address issues in your appeal.
The Appeals Process
If denied, you have the right to request a hearing with the Workers’ Compensation Board. An attorney can strengthen your appeal by collecting additional evidence, consulting medical experts, and presenting a compelling case on your behalf.
Navigating Complex Cases Involving Third-Party Liability
In cases where third-party negligence contributed to your injury, a lawyer can help you pursue a separate claim against the responsible party, which can provide additional compensation beyond workers’ comp benefits.
Frequently Asked Questions About Workers’ Compensation in Buffalo
Can I receive workers’ compensation if I am at fault for the accident?
Yes, New York’s workers’ compensation is a no-fault system, so you’re eligible for benefits even if you were partially at fault.
How long does it take to receive workers’ compensation benefits?
Processing times vary but benefits generally begin within 18 days after your claim is accepted.
Can I file a personal injury claim in addition to workers’ compensation?
Yes, if a third party contributed to your injury, you may pursue a separate personal injury claim for additional compensation.
What should I do if my employer retaliates against me for filing a claim?
Retaliation is illegal; report it immediately. An attorney can help protect your rights and seek appropriate remedies.
Contact Our Buffalo Workers’ Compensation Lawyers Today
If you’ve suffered a workplace injury, know that you don’t have to go through the complex process of getting benefits alone. Whether you need help starting a claim, appealing a denial, or exploring third-party liability claims, the Buffalo workers’ compensation lawyers at Hiller Comerford can help.
Contact us today for a free consultation.
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