Workers’ compensation exists to help employees after a work-related injury, covering medical bills, offsetting lost wages, and providing other benefits. At Fessenden Laumer & DeAngelo, PLLC, we’re here to help you understand your rights and access the benefits you’re entitled to under New York law. If you or someone you care about was hurt on the job in Concord, New York, our workers’ compensation lawyers serving Concord will walk you through the process and fight to get you the following types of benefits.
Workers’ compensation insurance will pay for all necessary and reasonable medical care necessitated by your injuries. This includes:
Do not pay your healthcare provider for any treatment they render you, even if they present you with a bill. Be sure to keep these receipts if you receive them. However, the provider may present you with a form that, if signed, requires you to pay for the care they provided if your workers’ comp claim is denied. While your employer or their insurer may dispute portions of a medical bill, they must pay all undisputed portions of it rather than deny coverage of the entire bill.
New York State law allows you to choose your own medical provider for treatment, as long as the provider has been approved by the Workers’ Compensation Board. You can find an approved list here. However, your employer can designate a Preferred Provider Organization, or PPO. If they have, they must inform you of this fact, and you must seek initial treatment from a provider affiliated with the PPO. However, if after 30 days you are dissatisfied with the treatment that the PPO-affiliated provider renders, you can seek care from any Board-authorized provider outside the PPO, provided you notify your employer or their insurer.
Workers’ compensation covers more than just medical bills—it can also reimburse you for travel expenses related to your treatment. If you need to drive to doctor appointments, physical therapy, or other necessary care, you may be eligible to receive mileage reimbursement to help with those costs.
Lost wage benefits help offset the income you’ve lost because you are unable to work at all or unable to work in the same capacity as you did before your injury. You become eligible for these benefits on the eighth calendar day you are unable to work. If you still cannot work after 14 calendar days, you can receive back pay for the first seven days of work you missed. Your employer’s workers’ comp insurer must pay you lost wage benefits within 18 days of the date of your injury or within 10 days of your employer becoming aware of your injury, whichever is later.
The amount you will be paid is determined by how much you made prior to the injury and the degree of disability your injuries cause you. This degree of disability may be assessed by your own treating physician or by an independent medical examiner. Degrees are generally graded as follows:
The doctor determining your degree of disability may also decide on a number in between these benchmarks. Your weekly lost wage benefit will be two-thirds of your average pre-injury weekly wage multiplied by your percentage of disability. For example, if you were making $1,000 per week prior to your injury and have a disability rating of 75 percent, your weekly benefit would be $502.50.
If you are able to work in a part-time capacity but make less than you did prior to your injury, you are generally entitled to two-thirds of the difference between your pre- and post-injury income.
Lost wage benefits are subject to weekly minimums as well as weekly maximums. As of January 1, 2025, you may be paid no less than $325. The weekly maximum is established every July 1. If you suffered your injury between July 1, 2024, and June 30, 2025, you will be paid no more than $1,171.46 per week.
If you suffer permanent impairment because of your injuries, you may be entitled to additional disability benefits based on the part of your body affected and your degree of disability.
If the injury prevents you from returning to your previous job, vocational rehabilitation can help you find a new career path. These services provide the tools and training you need to build a fresh career so you can continue earning a living. Vocational rehabilitation have two goals: to help you return to your previous job if possible and, if not, to help you work to the maximum of your ability given your impairment. If you are designated as having a partial disability or do not anticipate being able to return to your previous job, you will be assigned a vocational rehabilitation coordinator who can:
Losing a loved one to a work-related injury is tragic and heartbreaking. In these circumstances, workers’ compensation provides financial support for certain surviving family members. Death benefits can help a spouse, children, or dependents by providing payments to ease the financial burden they’re left with.
First, a surviving spouse and any minor children or other dependents (as defined by law) will receive weekly payments equal to two-thirds of the worker’s pre-injury wage. These benefits are subject to the cap that was in place at the time of the worker’s passing. Death benefits in Erie County will also pay up to $10,500 for funeral and burial expenses for the deceased worker.
Every workers’ compensation case is unique, and Fessenden Laumer & DeAngelo, PLLC approaches them accordingly. We take the time to understand your situation and create a strategy that works for you.
Our team of five attorneys and dedicated support staff serves Southwestern New York with care and diligence. We combine experience, knowledge, and a commitment to getting injured workers what they’re owed. You’re not just another case to us—you’re a person who deserves strong legal support.
From gathering supporting evidence to filing your initial claim to representing you in hearings and appeals as necessary, we handle every detail of your case so you don’t have to. If your employer challenges your claim, we stand up for you, fighting to protect your rights and secure the benefits you need. Contact us today to get started with your free consultation, and let’s discuss your next steps together.
We’d love to meet with you and discuss your workers’ compensation case in person. Our Jamestown office is easy to find—here’s how to get to us.
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.
