Located on the shores of Lake Erie, Evans, New York, is a beautiful place to live. Life here in Evans isn’t just about relaxing on Bennett Beach or visiting nearby Eternal Flame Falls. The people of Evans work in agriculture, health care, construction, and other local industries, and accidents happen in all those lines of work.
An on-the-job injury can leave you with expensive medical bills, time missed at work, and other complications. If you’ve been hurt in an accident at work in Evans, New York, you can file a workers’ compensation claim and receive wage loss benefits and medical care. If the Workers’ Compensation Board denies your claim, what can you do to get the help you need?
Fessenden Laumer & DeAngelo, PLLC, is a workers’ compensation law firm serving Evans, New York, and other communities in the southwestern part of the state. For over 30 years, we have proudly served the working people of our community. We know the workers’ compensation laws inside out, and we will fight for the benefits you are entitled to. If you have a workers’ compensation claim in Evans, New York, contact Fessenden Laumer & DeAngelo, PLLC, today.
Injuries can happen at any job. If not for New York’s workers’ compensation law, the only way for workers to receive compensation for those injuries would be through filing a personal injury lawsuit and proving negligence on the employer’s part. Instead, New York requires employers to pay for workers’ compensation insurance so that workers can file for benefits after an injury without proving that the employer was at fault.
When you file for benefits under workers’ comp, it doesn’t matter whose fault the accident was. You can’t receive benefits if your drug use or intoxication caused the accident or if you intentionally hurt yourself or anyone else. Otherwise, you can receive benefits for any accident that arose out of the performance of your work-related duties.
If your injury was work-related, the New York Workers’ Compensation Board will cover your medical costs and pay you cash benefits of up to two-thirds of your average weekly income. However, if your employer or the insurance company does not agree that the injury was caused by a work-related accident, a workers’ comp judge will decide the case.
Workers’ compensation benefits cover a wide range of injuries. The only requirement is that the injury occurs within the scope of your employment. Common injuries covered by workers’ comp include:
These are not the only injuries covered by workers’ comp. Generally speaking, if your injury happened because of your work, it should be covered.
Workers’ comp benefits in New York include:
To file a claim for workers’ compensation benefits, you must:
When you fill out Form C-3, you will tell the Workers’ Compensation Board:
The Buffalo District Office of the Workers’ Compensation Board handles all cases in Evans, New York.
If the Workers’ Compensation Board denies your claim, you can appeal their decision. You aren’t required to have a lawyer’s help when you file your appeal, but a lawyer can improve your chances of getting the Board’s decision reversed. It’s always a good idea to consult with an Evans, New York, workers’ comp lawyer and get their help with your appeal.
The court will give you a hearing where your attorney can present all the evidence supporting your workers’ comp claim. You’ll also be allowed to call witnesses supporting your claim, such as medical experts and coworkers.
If the judge rules against you at the hearing, you can file an appeal with the Appellate Division. If the Appellate Division rules against you, you may still be able to file an appeal with the New York Court of Appeals if your case is unusual in some way.
An experienced workers’ compensation lawyer in Evans, New York, can help you with your claim by:
If you decide to have an attorney represent you in your workers’ comp case, you don’t pay them directly. Instead, your attorney will ask the Workers’ Compensation Board for a legal fee. If the Board approves, the fee will be deducted from your award. This means you don’t need any money up-front to get the help of a lawyer.
Fessenden Laumer & DeAngelo, PLLC, is a law firm that takes pride in representing working people who’ve been injured on the job. We’ve been fighting for workers in southwestern New York for over 30 years, and we know the workers’ compensation system inside out. We know what to do to give you the best possible chance of having your claim approved and receiving the benefits you need.
Many people feel nervous about reaching out to a lawyer for help. We understand, and we want you to know that we are here for you. We will listen to you and make sure that we really understand your situation before we take any action. If you need help with a workers’ compensation claim in Evans, New York, contact Fessenden Laumer & DeAngelo, PLLC, today.
You can reach our office at 81 Forest Avenue, Jamestown, NY, using the following directions.
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.
