Did you get hurt on a job site or factory floor in Rochester? You could be entitled to workers’ compensation benefits, but the idea of handling a complicated claims process can seem overwhelming when you’re already dealing with medical treatments and missed paychecks. The good news is that you don’t have to manage everything on your own.
A workers’ compensation lawyer from Fessenden Laumer & DeAngelo, PLLC, can review your situation, prepare your claim, and deal with the insurance company on your behalf. We know how insurance companies operate and what it takes to prove a valid claim. Our attorneys help clients pursue every avenue for compensation available, including claims against negligent third parties when possible.
Contact our law firm now to arrange an initial consultation with one of our attorneys so we can explain your rights and outline your options.
Workers’ compensation provides financial and medical support to employees who get hurt on the job in New York. Here’s an overview of the types of benefits available to eligible workers:
Most Rochester employees are eligible for workers’ compensation from their first day on the job, including full-time, part-time, seasonal, and temporary workers. Independent contractors generally are not covered. Eligible workers can receive benefits for any injuries or illnesses that arise as a direct result of their work duties or job conditions.
Workers’ compensation is a no-fault system, which means employees do not have to prove that someone else’s negligence caused their injuries to qualify, and benefits are available even if the worker contributed to the incident themselves. In exchange for this no-fault coverage, employees generally cannot sue employers who provide workers’ compensation insurance for their work injuries.
Employee misclassification is a major problem in New York’s construction industry. Some contractors label workers as independent contractors instead of employees to avoid having to pay workers’ compensation insurance, payroll taxes, or overtime. When these workers get hurt, they often find out too late that their employers never provided coverage.
New York recently enacted the Construction Industry Fair Play Act to address this systemic issue. This new law presumes that anyone performing construction work is an employee unless the employer can prove otherwise. Employers must show that workers meet three strict requirements to prove that they qualify as independent contractors:
Employers who misclassify workers can face heavy penalties and possibly even criminal charges. In Rochester, this law protects many construction workers who might otherwise lose access to workers’ compensation benefits. If you suspect your employer has misclassified you, an attorney can help you review your work arrangement and claim the coverage you are guaranteed under the law.
In most cases, workers’ compensation prevents employees from suing their employers after a job-related injury. However, exceptions to this rule can arise after serious construction accidents that involve violations of New York’s Labor Laws.
Sections 200, 240, and 241 of the Labor Law give strong protection to workers on construction, demolition, and renovation sites throughout the state. Specifically, Section 200 requires owners and contractors to provide reasonably safe workplaces. Section 240, often called the Scaffold Law, holds contractors and property owners responsible for falls and other gravity-related injuries. Section 241 requires strict safety standards for construction, excavation, and demolition work.
If an employer who is also a property owner, general contractor, or subcontractor violates these safety laws, injured workers may be entitled to compensation beyond workers’ comp benefits. These cases are complex but can significantly increase the compensation available to injured workers in Rochester.
If you get hurt or sick on the job in New York, you can take the following steps to protect both your health and your ability to file a claim:
The team of attorneys at Fessenden Laumer & DeAngelo, PLLC, helps injured workers in Rochester get the workers’ compensation benefits they deserve after serious construction or manufacturing accidents. Our lawyers understand the demands of industrial and job site work and the challenges families face when occupational injuries affect their income. We handle every part of the claims process so our clients can focus on recovery instead of paperwork and insurance headaches.
Our law firm helps injured workers prepare claims, gather medical evidence, and meet all filing requirements with the New York State Workers’ Compensation Board. We handle denied and delayed claims, represent clients at hearings, and work to secure full benefits for medical care and income losses. We also investigate accidents to identify possible third-party liability claims, such as those against negligent contractors, property owners, or equipment manufacturers.
We represent construction and manufacturing workers throughout Monroe County and the Finger Lakes region after all types of work injuries. Our lawyers focus on protecting each client’s right to medical treatment, wage replacement, and fair compensation under New York law. Our law firm’s goal is to help every injured worker regain stability and move forward with dignity.
The sooner you speak with a lawyer after a work injury, the sooner you can protect your claim and start receiving the benefits you need. Fessenden Laumer & DeAngelo, PLLC, understands the challenges that come with serious workplace accidents and knows how to deal with the insurance system effectively. Get in touch with our law firm now to learn how we can help you recover in an initial consultation session.
Under the New York Construction Industry Fair Play Act, you are presumed to be an employee unless your employer can prove you meet very specific independent criteria. Many Rochester contractors are misclassified. We can help you determine if you are legally entitled to full workers’ comp benefits.
New York’s Section 240 is a powerful law that protects workers who fall from heights (ladders, scaffolds) or are struck by falling objects. It often allows you to hold property owners and general contractors strictly liable, potentially providing much higher compensation than workers’ comp alone.
In New York, you must see a provider authorized by the Workers’ Compensation Board. Additionally, if your employer participates in a Preferred Provider Organization (PPO), you may be required to seek initial treatment within that network. We can help you find an authorized doctor in the Rochester area who understands how to document workplace injuries correctly.
If a machine at a Rochester manufacturing plant lacked proper safety guards or malfunctioned, you may have a product liability claim against the manufacturer. This is separate from your workers’ comp claim and can provide compensation for “pain and suffering.”
It is illegal under New York law for an employer to fire or discriminate against you for filing a workers’ compensation claim. If you feel you are facing retaliation, contact us immediately to protect your employment rights.
Your benefits are typically based on your average earnings over the 52 weeks prior to the accident. For seasonal construction workers, this calculation can be complex. We ensure the insurance company doesn’t under-calculate your checks.
