Workers Compensation
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Workers' Compensation Lawyer in Jamestown, NY

A workplace injury can throw your entire life into chaos. Beyond the pain of a physical injury, you face a new reality of lost wages, mounting medical bills, and a confusing legal process. At Fessenden Laumer & DeAngelo, PLLC, we understand the stress and uncertainty you’re facing. For nearly 40 years, our workers’ compensation lawyers have fought for the rights of injured workers in Southwestern New York, including Jamestown, Fredonia, Dunkirk, Olean, and Allegany County.

Our mission is simple: to guide you through the complexities of New York workers’ compensation law and secure the benefits you’ve earned. We believe it’s not your fault you were hurt on the job, and we’ll fight tirelessly to ensure you get the best possible outcome.

Understanding Workers’ Compensation in New York

The New York State Workers’ Compensation Board offers various benefits to help injured workers recover. Our firm works to ensure you receive the full range of benefits available, including:

  • Medical Benefits: Full coverage for all medically necessary treatment, from doctor visits and surgeries to physical therapy and prescriptions. We will fight for your medical care if the carrier tries to deny treatment.
  • Lost Wages (Temporary Disability): If your injury keeps you from working, you may qualify for payments that replace a portion of your lost income.
  • Permanent Disability Benefits: Compensation for lasting impairments that affect your ability to work.
  • Vocational Rehabilitation: Assistance with job training or finding new employment if your injury prevents you from returning to your old job.
  • Mileage Reimbursement: Reimbursement for travel expenses related to your medical treatment.
  • Death Benefits: Financial support for surviving family members in the event of a fatal work-related injury.

Workers’ compensation claims do not cover pain and suffering or emotional distress.

Injuries That Qualify for Benefits

Not every injury qualifies for worker’s compensation benefits. To get benefits, your injury must:

  • Have occurred in the scope and during the course of your job duties
  • Be reported to your employer within 30 days
  • Require medical attention

 

On the contrary, it’s important to note that you won’t be entitled to workers’ compensation benefits if:

  • The injury is self-inflicted
  • The injury happened while you were under the influence of drugs or alcohol
  • You were hurt while violating company procedures
  • You were injured outside of work-related duties or on off-time

 

Some common injuries that result in workers’ compensation benefits are:

  • Musculoskeletal Injuries: These are strains or sprains resulting from lifting or repetitive motion.
  • Slips, Trips, and Falls: This type of injury is especially common and can lead to fractures and head injuries.
  • Machinery Accidents: When mechanical parts fail or machinery and heavy equipment malfunction, accidents can happen and usually lead to severe injuries.
  • Exposure to Harmful Substances: Even though it’s not an injury, exposure to chemicals or other hazardous materials can lead to an occupational illness covered by workers’ compensation.

Steps to Take After a Workplace Injury

After an injury in Ellicott, you should:

  • Notify Your Employer: If your injury allows, report the accident and how you were hurt to your employer right away. You can tell a supervisor at the time of the accident, but be sure to make a written report of the accident within 30 days so there is a paper trail that shows you reported your injury in a timely manner.
  • Seek Immediate Medical Attention: Get emergency care if you need it, from any nearby doctor or facility. Otherwise, go to a healthcare provider that is approved by the NY Workers’ Comp Board or who participates in your employer’s PPO plan. Your employer should have a list of healthcare providers for you to choose from. Not only is seeking medical help essential for your physical well-being, but you’ll also want the medical documentation for your claim.
  • Get a Lawyer: Even though it is technically possible to handle your workers’ compensation claim on your own, having a lawyer take care of it for you can provide welcome relief when all you want to do is take care of your injury. Your lawyer will fight for the benefits you’re entitled to.
  • File a claim: Submit a claim to the New York State Workers’ Compensation Board. You’ll use the Form Employee Claim (C-3 Form) and mail it to the Workers’ Compensation Board District Office. You can also fill it out online. You must file your claim within two years of the date of the accident.
  • Document Everything: Be sure that you keep detailed records of treatments you receive for your injury and any expenses that come up as a result. You should also keep records of communications from your employer or anyone else regarding the injury.

 

It’s essential to follow all the directions provided by the New York State Workers’ Compensation Board. If you miss a step, you could lose eligibility for your claim or cause a delay in obtaining benefits.

What Happens When Your Claim is Denied?

It is a difficult and frustrating reality that many workers’ compensation claims are initially denied by insurance carriers or employers. This can happen for a variety of reasons, such as disputes over whether the injury occurred during work, a failure to report the injury within the strict deadlines, or a disagreement over the severity of your condition. A denial can feel like a devastating roadblock, leaving you without the medical care and financial support you desperately need to recover.

When your claim is denied, you have the right to appeal. Our experienced legal team stands ready to fight for you. We will work to identify the reason for the denial and build a strong, evidence-based case to challenge it. We will represent you at hearings before the Workers’ Compensation Board and advocate aggressively to protect your rights, ensuring you receive the benefits you are entitled to under New York law.

Legal Support for Injured Workers

The system is designed to be straightforward and help employers and employees avoid litigation. However, challenges can arise whenever insurance is involved, and workers’ compensation is a type of insurance. Legal representation from a law firm serving Ellicott might be beneficial to you, especially if you have:

  • A Denied Claim: A lawyer can help you with the appeals process.
  • Disputes of Benefits: A lawyer can advocate for you regarding the extent of your injuries, the amount of your pre-injury average weekly wage, the appropriate wage loss benefits, and the amount of any permanent disability payment you receive
  • Retaliation: Unfortunately, some employers will retaliate if an employee files a claim. A lawyer can help protect you against these actions.

 

Get Help from a Workers’ Comp Lawyer Serving Ellicott Today

Figuring out the legal complications of a workers’ compensation claim can be hard, but you don’t have to do it alone. At Fessenden Laumer & DeAngelo, PLLC, we understand how stressful it can be to deal with complicated paperwork while healing from a work-related injury. We offer personalized representation with heart to our clients in Ellicott. That means we’re here for you no matter what.

We’ll help you determine your claim’s worth and which benefits you’re entitled to. More importantly, we’ll be here for you every step of the way. Don’t be afraid to get legal assistance. Call us today and retain an attorney who serves Ellicott, New York, and cares about their clients.

 

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