Boston, New York, located in Erie County’s Southtowns, is home to healthcare workers, teachers and other educational professionals, retail workers, and tech workers. Whatever type of work you do, a workplace injury can be incredibly disruptive, taking you out of the workplace and overwhelming you with expensive medical bills.
Fessenden Laumer & DeAngelo, PLLC, is a workers’ compensation law firm with deep roots in New York state’s working class. We know what it means to a family when an injury at work sidelines a breadwinner. If you’ve been hurt in a workplace accident in Boston, New York, we know you need help as quickly as possible. That’s why we’ve dedicated our practice to helping families like yours.
We’ll help you apply for workers’ compensation to cover your medical expenses and lost wages, and we’ll help you appeal your claim if you get a denial on your first try. We help with all workers’ comp claims, including temporary and permanent disability. If you’ve been injured at work in Boston, New York, contact Fessenden Laumer & DeAngelo, PLLC, at (716) 484-1010 today.
Workplace injuries occur all the time even in a small community like Boston, New York. Typical injuries at work include:
Workers’ compensation in New York state is insurance employers must carry in case one of their workers gets injured on the job. Workers’ comp is a no-fault system, so it doesn’t matter if you made some mistake that resulted in an accident. You don’t have to prove the accident was your employer’s fault. You only need to prove that the accident happened while you were performing your work duties.
Workers’ comp provides cash benefits and medical care to injured workers in New York. In a fatal accident, workers’ comp will pay benefits to your surviving spouse or children. There is a seven-day waiting period to receive any workers’ comp disability benefit, but if you are disabled for more than 14 days, you will receive an additional payment to cover those first seven days.
The New York workers’ compensation system provides four different types of workers’ comp disability benefits:
According to the New York State Workers’ Compensation Board, you are entitled to disability benefits if work injuries prevent you from returning to the job you had before the accident.
If your disability is only partial, meaning that you still have some ability to work even if you can’t do everything you did before, then you will receive a benefit of two-thirds of your average weekly wage multiplied by the percentage of your disability.
For example, if your average weekly wage was $1000, and you are 25% disabled, your benefit would be two-thirds of $1000 multiplied by .25. Two-thirds of $1000 is $666.67. Multiplied by .25, this is $166.67 for your partial disability payment.
You are considered to be totally disabled if you are not able to return to work at all because of your injuries. This disability may be temporary or permanent, but all disabilities are initially classed as temporary, even if they are later found to be permanent.
If the Workers’ Compensation Board rules that you are totally disabled, you are entitled to receive two-thirds of your average weekly wage. For instance, if your average weekly wage was $500 and an injury totally disabled you, your workers’ comp benefits would be $333.33 weekly.
Your benefit cannot be lower than the minimum weekly benefit or higher than the maximum weekly benefit allowed by New York state. The minimum weekly benefit for accidents occurring after 1/1/2025 is $325, and the maximum weekly benefit for accidents occurring after July 1, 2024, is $1171.46.
The Workers’ Compensation Board may award you permanent partial disability if your injury resulted in a permanent impairment of some part of your body. The state offers two types of permanent partial disability payment:
For purposes of calculating your permanent partial disability payment, the state will assess the severity of your disability after two years, when you are presumed to have reached Maximum Medical Improvement from your injury.
If your injury prevents you from returning to work at all, you can qualify for permanent total disability benefits. In this case, you can receive two-thirds of your average weekly wage for the rest of your life, with no time limit on your benefits.
Even though your disability is considered total, you may be able to work or run a business as long as your income does not exceed a maximum limit established by the state. Ask your workers’ compensation lawyer how much you could earn without going over the maximum.
If your disability is expected to last at least one year or to prove fatal, then you may be entitled to Social Security disability benefits. You may be able to receive Social Security disability benefits and workers’ compensation benefits at the same time. However, your Social Security benefits may be reduced depending on the amount of workers’ comp benefits you receive.
Applying for workers’ comp benefits can be overwhelming when you are trying to recover from an injury. It’s easy to make mistakes or miss important deadlines, risking the benefits you and your family depend on.
Don’t take any chances with your family’s wellbeing. Get the help of an experienced and dedicated workers’ compensation lawyer today. Fessenden Laumer & DeAngelo, PLLC, has helped many working people get the benefits they need to deal with their injuries. Whether you have a workers’ comp claim or a personal injury claim, we can provide the support you need to see it through.
We can help you avoid the key mistakes that often result in workers’ comp claims being denied. If you do get a denial the first time you apply, we can help you overcome that denial on appeal. We can reduce the stress of applying for benefits while improving your chances of a successful claim. If you’ve been injured at work in Boston, New York, contact Fessenden Laumer & DeAngelo, PLLC, today.
To reach our offices:
From the North:
Head south on NY-60 S toward Jamestown. Continue on NY-60 S until you reach the intersection with Forest Ave. Turn left onto Forest Ave, and 81 Forest Ave will be on your right after a few blocks.
From the South:
Head north on US-62 N toward Jamestown. Continue on US-62 N until it becomes E 2nd St. Turn right onto Forest Ave, and 81 Forest Ave will be on your left.
From the East:
Take I-86 W/NY-17 W to the Jamestown exit (Exit 12). Follow signs for NY-60 N/Jamestown. Continue on NY-60 N until you reach Forest Ave. Turn right onto Forest Ave, and 81 Forest Ave will be on your right.
From the West:
Take I-86 E/NY-17 E to the Jamestown exit (Exit 12). Follow signs for NY-60 N. Continue on NY-60 N and turn right onto Forest Ave. 81 Forest Ave will be on your left.
