Injured workers in Hamburg, NY, face significant challenges during their recovery. They must deal with physical limitations, expensive medical bills, lengthy periods away from their jobs, and more. One thing that should not be a challenge for injured workers, though, is getting the workers’ compensation benefits they’re entitled to. Unfortunately, many employers make the workers’ compensation claims process more of a hassle than it should be, preventing injured workers from claiming their rightful benefits.
If you have questions about the types of workers’ compensation benefits available in Hamburg, NY, then Fessenden Laumer & DeAngelo, PLLC, has the answers. Our workers’ compensation lawyers have extensive experience with these claims and can guide you through the process of securing benefits. We can see that your claim includes all the benefits you qualify for and that your employer’s insurer honors its legal obligations. Call now or complete our contact form for a free consultation.
Injured employees in Hamburg can receive many benefits after sustaining a work-related injury. These benefits include:
Medical Benefits
Workers’ compensation covers all reasonable and necessary medical treatments for your work-related injury or illness. This includes doctor visits, hospital stays, prescription medications, physical therapy, and any specialized care recommended by your physician. Since your employer’s insurance covers all these expenses, you won’t face out-of-pocket costs for approved treatments.
Temporary Disability Benefits
If your injury prevents you from working temporarily, you may receive wage replacement benefits. In New York, these payments typically cover two-thirds of your average weekly wage, subject to state limits. However, you must provide medical evidence that your condition prevents you from performing your job.
Permanent Partial Disability Benefits
If your injury results in a lasting impairment but you can still work in some capacity, you may qualify for permanent partial disability benefits. These payments are based on the severity of your disability and your average earnings before the injury. Your doctor’s evaluation and specific guidelines will determine the amount and duration of these benefits.
Permanent Total Disability Benefits
Permanent total disability benefits are available for workers unable to work at all due to their injury. These benefits provide ongoing wage replacement, calculated at two-thirds of your average weekly wage. You may need regular medical evaluations to confirm the severity of your condition.
Vocational Rehabilitation
If your injury prevents you from returning to your previous job, workers’ compensation may provide vocational rehabilitation benefits. These include job training, career counseling, and educational programs to help you transition into a new role.
Scheduled Loss of Use (SLU) Awards
In cases involving the permanent loss of function in a body part, such as a hand, leg, or eye, injured workers may qualify for SLU awards. These benefits are determined by the degree of impairment and guidelines set by New York law.
Mileage and Travel Reimbursement
Workers’ compensation insurance may also reimburse you for travel expenses related to your medical treatment. This includes mileage, parking, and public transportation costs for doctor visits or therapy sessions. Keep detailed records to ensure all eligible expenses are covered.
Survivor Benefits
If a worker dies due to a job-related injury or illness, their dependents may receive survivor benefits. These benefits cover funeral expenses up to a state-defined limit and provide ongoing financial support to the deceased worker’s spouse and minor children. The benefit amount is typically two-thirds of the worker’s average weekly wage.
“Virtually all” employers in New York must provide workers’ compensation insurance for their workers, according to the state Workers’ Compensation Board. Furthermore, qualifying employees are covered from their first day on the job. Full-time, part-time, and seasonal employees all qualify for benefits.
As long as the injury occurred at work or while you were performing a work-related task, you likely qualify for benefits. For example, if you were involved in a machinery accident at your job, you would likely qualify for benefits. You would also likely qualify for benefits if you sustained injuries while driving between job sites or making a delivery. However, injuries sustained during your commute to or from work usually don’t qualify for workers’ compensation benefits.
It’s worth mentioning that New York is one of a few states that requires employers to provide workers’ compensation benefits for certain contract workers, including many construction workers and truck drivers. That said, not all contractors qualify for workers’ compensation benefits, though employers sometimes misclassify qualifying employees as independent contractors. Your job duties, whether you’re supervised, and to what extent determine whether you qualify for workers’ comp benefits, not your title. Talk to a lawyer if you have any questions or concerns about your benefits.
The first step in a Hamburg, NY, workers’ compensation claim is to notify your employer about your injury. Do this before seeking medical treatment unless you have life-threatening injuries. You must report your injury within 30 days of discovering it to protect your benefits. Report your injury in writing so you have clear documentation that you notified your employers. Also, make sure to tell your doctor that your injury is work-related so they can thoroughly document your injuries.
Once your employer receives your injury report, they have 10 days to notify their workers’ comp insurance company. During this time, keep seeing your doctor and following your prescribed treatments, including attending all follow-up appointments. The formal claim process begins when you submit Form C-3 to the state Workers’ Compensation Board. You must submit this form within two years of when you sustained your injury.
After submitting your claim, the Workers’ Compensation Board and your employer’s insurance company will review it. If the insurer approves your claim, you’ll start receiving benefits. If your claim is denied, you have the option to file an appeal. We strongly recommend you work with an attorney to avoid issues with your claim, especially if you’re appealing a denied claim.
If your employer is contesting your workers’ compensation claim or you have questions about your benefits after a work-related injury, we’re here to help. Call Fessenden Laumer & DeAngelo, PLLC, now at (716) 848-1010 or reach out online for a free case evaluation.
We’re ready to discuss your case at your earliest convenience and can come to you if your injuries prevent you from traveling. If you’d like to visit our office at 82 Forest Avenue, Jamestown, here’s how to find 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.
