Workplace injuries happen daily in Southwestern New York, but many injured workers struggle to get medical treatment and the resources they need to pay their bills while they heal. Furthermore, many injured workers don’t realize they qualify for workers’ compensation, either because their employers don’t tell them, or they don’t understand the qualifications. The financial and emotional stress of a work-related injury makes these situations even harder.
If you sustained a workplace injury, trust Fessenden Laumer & DeAngelo, PLLC, to protect your rights and guide you through the workers’ compensation. We have fought for the people of Jamestown, Fredonia, Dunkirk, Olean and also, Allegany County, as well as the surrounding communities for almost 40 years. We believe injured workers deserve the best possible legal representation and will fight tirelessly to help you claim the benefits you’ve earned. It is not your fault that you got hurt because of the activities you perform at work!! We have handled cases across many industries and environments. We understand the strategies employers and insurers use to deny/delay injured workers fair compensation. Call now or complete our contact form for a confidential consultation.
The New York State Workers’ Compensation Board (WCB) says “virtually all” employers must provide workers’ compensation insurance for their workers. This rule applies to most employees, including part-time and seasonal workers. Additionally, New York has narrowly defined “independent contractor,” and so many employees that would not be covered in other states qualify for workers’ compensation in New York. As a result, many workers in the trucking and construction industries are eligible for workers’ compensation benefits. Just because you are labelled as an “independent contractor” does not mean you cannot get benefits. Finally, employees eligible for workers’ comp qualify for benefits from the first day of employment.
The key thing to remember is that while your employer might classify you as a contractor, it’s how your job duties are performed and supervised that determines whether you qualify for workers’ comp. If you have questions about whether you qualify for workers’ comp benefits, contact our office right away.
It’s also worth noting that the type and severity of your injury doesn’t affect your eligibility for workers’ comp benefits. If the injury occurred at work, or while you were performing a work-related task, you likely qualify for workers’ comp benefits.
Injured workers in New York qualify for many benefits to help them pay their bills and heal after a workplace injury. These benefits include:
Filing a workers’ compensation claim in New York involves several key steps and strict deadlines. First, injured workers must notify their employer about the injury or illness within 30 days of an accident, or within 30 days of when they knew or should have known that a work related injury/condition exists. Workers can make this report verbally or in writing, but it’s best to document the notification in writing to avoid disputes later. Once the employer receives the worker’s report, they have 10 days to notify their workers’ compensation insurance carrier.
After notifying the employer, the injured worker should seek medical treatment and inform their doctor that the injury is work-related. The provider will typically submit a medical report to support the claim. The injured worker must then file a workers’ compensation claim by submitting Form C-3 to the New York Workers’ Compensation Board. To qualify for benefits, employees must file a claim within two years of the injury, or the date they discover a work-related injury/condition. PUTTING YOUR EMPLOYER ON NOTICE IS NOT THE SAME AS FILING THE CLAIM.
Once the employee files a claim, the employer’s insurance carrier and the Workers’ Compensation Board will review the case. If approved, the injured worker can begin receiving benefits, including medical coverage and lost wage payments. Employees can appeal from a denied claim with help from an experienced workers’ compensation attorney.
Fessenden Laumer & DeAngelo, PLLC,can handle every aspect of your workers’ compensation claim, so you can focus on your recovery. We will guide you through the process and see that all the paperwork is filed correctly and on time. We’ll gather vital evidence, including medical records, witness statements, and employer reports, to build a strong case for your benefits. If your employer denies or challenges your claim, we’ll advocate for you at hearings, and, if needed, appeals, to protect your rig
Let us work to secure the benefits you need after a workplace injury. Call Fessenden Laumer & DeAngelo, PLLC, now or reach out online for a free case evaluation.
