At Steve Boyd, PC, we listen to you, fight for you, and we get results.
At Steve Boyd, PC, we listen to you, fight for you, and we get results.
If you have been injured on the job in Lockport, you have the right to receive workers’ compensation benefits. This is not a handout; it is a crucial form of insurance your employer is required to carry to protect you when an accident happens. Unfortunately, the process of actually getting these benefits can be a frustrating and confusing maze of deadlines, forms, and insurance company tactics. A single mistake can lead to a denial of your claim, leaving you with no income and mounting medical bills.
You do not have to navigate this system alone. The law firm of Steve Boyd, P.C. is dedicated to protecting the rights of injured workers. As your Lockport NY workers compensation lawyer, we will be your supportive guide and your aggressive advocate, fighting to ensure you receive all the medical care and wage replacement benefits you are entitled to under the law.
Hurt at Work in Lockport? Call for a Free Consultation
The Workers’ Comp Process in New York: A Simplified Timeline
Understanding the process is the first step toward protecting your rights. While every case is unique, a typical claim follows a series of critical steps. Our role as your work injury lawyer in Niagara County is to manage this entire process for you.
- Report Your Injury Immediately: You must report your work-related injury to your supervisor in writing within 30 days of the incident. This is a strict and crucial deadline.
- Get Authorized Medical Treatment: Seek medical care from a doctor who is authorized by the NYS Workers’ Compensation Board. Be sure to tell the doctor that your injury is work-related.
- File the C-3 Form: You must file an Employee Claim (Form C-3) with the Workers’ Compensation Board within two years of your injury. This is the formal start of your claim. We will handle this filing for you to ensure it is accurate and complete.
- Dealing with the Insurance Carrier: Once the claim is filed, your employer’s insurance company will begin its investigation. They may require you to attend an Independent Medical Examination (IME) with a doctor they have chosen. They will be looking for any reason to deny your claim or minimize your benefits.
What if My Claim is Denied?
It is incredibly common for insurance companies to deny legitimate workers’ compensation claims. A denial is not the end of the road. It is the beginning of the fight, and a fight we are prepared to win.
If your claim is denied or your benefits are cut off, the next step is to request a hearing before a Workers’ Compensation Law Judge. As your workers’ comp attorney in Lockport, we will:
- Gather All Necessary Evidence: We will collect your medical records, doctor’s reports, and witness testimony to build a powerful case.
- Prepare You for the Hearing: We will ensure you are fully prepared to testify and know exactly what to expect.
- Aggressively Argue on Your Behalf: We will cross-examine the insurance company’s medical expert and present a clear, compelling legal argument to the judge as to why you are entitled to benefits.
We handle all aspects of the litigation process, from filing appeals to negotiating a final settlement.
We Protect Your Right to Full Benefits
Our primary goal is to ensure you receive the full scope of benefits available under New York State law. We fight for:
- Complete Medical Care: Ensuring the insurance company authorizes and pays for all necessary medical treatments, surgeries, physical therapy, and prescriptions.
- Full Wage Replacement: Fighting to make sure you receive the correct weekly cash benefits while you are unable to work.
- Schedule Loss of Use (SLU) Awards: For permanent injuries to limbs, hands, feet, or your vision/hearing, we will fight to secure the maximum possible cash award for your permanent impairment. This applies to many injuries, including those from a construction injury claim.
- Lump Sum Settlements: When the time is right, we will negotiate a lump sum settlement (known as a Section 32 agreement) to close your case and provide you with financial security.
Frequently Asked Questions
1. Can I choose my own doctor?
Yes. You have the right to be treated by any doctor who is authorized by the NYS Workers’ Compensation Board. You are not required to see a doctor chosen by your employer.
2. What is an Independent Medical Examination (IME)?
An IME is a medical examination performed by a doctor who is hired and paid for by the insurance company. The purpose of this exam is almost always to produce a medical report that claims you are less injured than you are, which the insurer then uses to try and cut off your benefits. We will prepare you for this exam and fight back against unfavorable IME reports.
3. Can I be fired for filing a workers' compensation claim?
No. It is illegal for an employer to discriminate or retaliate against you for filing for workers’ compensation. If you are fired after filing a claim, you may have a separate legal action against your employer.