Tonawanda Workers’ Compensation Lawyer

Your Rights Under NYS Workers’ Comp Law

The New York State workers’ compensation system is a no-fault system, which means you do not have to prove your employer was negligent to receive benefits. If you were injured while performing your job duties, you are covered. These benefits are a critical lifeline and are designed to cover three primary areas:

• Full Medical Treatment Coverage Your employer’s insurance carrier is required to pay for all necessary medical treatment related to your work injury. This includes doctor visits, hospital stays, surgeries, physical therapy, prescription medications, and medical equipment. You have the right to be treated by a Board-certified doctor of your choosing.
• Wage Replacement Benefits If your injury prevents you from working, you are entitled to cash benefits to replace a portion of your lost wages. These are typically calculated at two-thirds of your average weekly wage, up to a state maximum. These benefits are paid while you are temporarily disabled and may be available for permanent disabilities as well.
• Schedule Loss of Use (SLU) Awards If your work injury results in a permanent loss of function to an extremity (like an arm, hand, finger, leg, or foot) or to your vision or hearing, you may be entitled to a Schedule Loss of Use (SLU) award. This is a one-time cash payment based on the severity of your permanent impairment, even if you have returned to work.

Common Mistakes to Avoid After a Work Injury

The insurance company handling your claim is a for-profit business, and they will look for any reason to deny or reduce your benefits. It is crucial to avoid common mistakes that can jeopardize your claim.

1. Not Reporting Your Injury on Time: You must report your work injury to your employer in writing within 30 days. Failing to do so can lead to a denial of your claim.
2. Missing the Claim Filing Deadline: Beyond reporting to your employer, you must file a formal claim (Form C-3) with the NYS Workers’ Compensation Board within two years of the accident.
3. Giving a Recorded Statement to the Insurer: The insurance adjuster may ask for a recorded statement. You are not required to give one. They are trained to use your words against you.
4. Trusting the Insurance Company’s Doctor: The insurer will send you to an “Independent” Medical Examination (IME). This doctor is paid by the insurance company and often writes a report that minimizes your injuries to justify cutting off your benefits.

Not Following Your Doctor’s Orders: You must follow the treatment plan prescribed by your doctor. Failing to do so can be used as a reason to suspend your benefits.

We Handle Everything So You Can Recover

When you hire a workers’ comp attorney in Tonawanda from our firm, your primary job becomes healing. Our job is to handle every legal detail and fight for your rights. We will:

• File all necessary claim forms and paperwork accurately and on time.
• Handle all communication with your employer and their insurance carrier.
• Prepare you for and represent you at all hearings before a Workers’ Compensation Law Judge.
• Challenge any attempt by the insurance company to deny your medical treatment or cut off your weekly benefits.
• Negotiate the maximum possible settlement for your claim.

We have extensive experience representing victims of all types of work injuries, including those from a Town of Tonawanda construction accident.

Frequently Asked Questions