If you’re injured on the job in Evans, New York, whether the injury happens at a construction site, on one of our local farms, or in any other place, you can file for workers’ compensation benefits to cover your medical care and secure partial wage loss benefits.
Workers’ compensation can cover your medical bills, up to two-thirds of your wages, and travel expenses. If a worker is killed in an on-the-job accident, workers’ compensation can provide benefits for their family.
For help with your workers’ compensation claim and any necessary appeals, the law firm of Fessenden Laumer & DeAngelo, PLLC, is an excellent choice. We’ve been fighting for working people in Evans, New York, for over 30 years, and we’d be happy to do the same for you. You’ll find us warm, approachable, and easy to work with. Contact Fessenden Laumer & DeAngelo, PLLC, today at (716) 484-1010.
Workers’ compensation is a system in which employers carry insurance to cover the expenses of injured workers. In exchange for this, workers are barred from filing personal injury lawsuits against their employers.
This system benefits both workers and employers. Employers know they won’t get sued if a worker gets hurt on the job, and workers know they can cover their medical bills and other expenses without proving the accident was their employer’s fault. Even if the worker caused the accident themselves through carelessness, they can still file a workers’ comp claim. There are only three situations in which the worker has no right to workers’ comp benefits:
Unfortunately, employers and insurance companies do sometimes try to claim that an injury was not work-related. The Workers’ Compensation Board will decide whether to award benefits in that situation. If the Board decides not to award benefits, you can appeal their decision, and a workers’ compensation attorney can help you win your appeal.
If the Board decides to award benefits, you are entitled to several different types of compensation.
Workers’ comp will cover your medical bills for work-related injuries or illnesses. If your workers’ comp claim is approved, your treatment will cost you nothing, and you will be covered for the rest of your life.
According to the New York State Workers’ Compensation Board, you can visit any Board-authorized medical provider, including:
If you’re looking for an authorized medical professional in any of these categories, you can find one through the Board’s healthcare provider and independent medical examiner database. If your employer participates in a PPO network, you must select a medical provider from the network.
Covered forms of health care include:
Workers’ compensation will also pay you cash benefits to help you as you recover from your injury. Cash benefits are meant to cover some of your lost wages when you are forced to miss work due to an injury. You’re entitled to cash benefits for lost wages if:
To calculate your cash benefits for lost wages, the Workers’ Compensation Board will multiply your average gross earnings over the past 52 weeks by two-thirds, then multiply that number by the percentage of your disability.
For example, if you earn an average of $1200 a week, including your gross wages and any overtime, two-thirds of that would be $800. If you are 75% disabled, then your cash benefit would be 75% of $800, or $600. Your cash benefit cannot exceed the maximum benefit allowed by New York state.
You can also receive reduced earnings benefits if you are able to return to work at a lower rate of pay. Reduced earnings benefits will cover up to two-thirds of the difference between your earnings before the accident and afterward.
If you have any travel expenses for medical appointments, you can also get those expenses covered by your workers’ compensation claim, according to the Quick Guide for Injured Workers. To get your mileage, public transportation, or other travel expenses covered, submit a Claimant’s Record of Medical and Travel Expenses and Request for Reimbursement form, also known as Form C-257.
If an on-the-job accident in Evans proves fatal, surviving family members can file a workers’ compensation claim. Survivor benefits are two-thirds of the deceased worker’s average weekly earnings, exactly like lost wages benefits.
According to the Workers’ Compensation Board, workers who are temporarily disabled by an illness or off-the-job injury may be entitled to receive disability benefits. Disability benefits are calculated at 50% of the workers’ average weekly wage for the previous eight weeks at work and are separate from workers’ compensation benefits.
The New York Workers’ Compensation Board also oversees Paid Family Leave, although Paid Family Leave is a separate program. Family Leave protects your job and your insurance if you take time off to spend time with a new child or care for an ill family member.
After an accident on the job in Evans, New York, the Workers’ Compensation Board recommends these steps:
The Workers’ Compensation Board notes that you do not need a lawyer to file a workers’ compensation claim. However, a lawyer can help you ensure that your claim is filled out correctly and supported by sufficient evidence. If you need to file an appeal, your lawyer can represent you at the hearing in front of the workers’ compensation judge.
No matter what type of injury you have, a skilled workers’ compensation attorney will improve your chances of a successful claim. Fessenden Laumer & DeAngelo, PLLC, has extensive experience with workers’ compensation cases just like yours and has been fighting for the rights of working people in southwestern New York for over 30 years.
If you were injured on the job in Evans, New York, contact Fessenden Laumer & DeAngelo, PLLC, today for help with your workers’ compensation claim.
Use these directions to find our office in Jamestown.
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.
