Hamburg Workplace Injury Lawyers

Whether you have been hurt in a construction accident, suffered repetitive stress injuries, or experienced a fall on the job, your health and financial stability may be at risk. Navigating Workers’ Compensation claims and potential third-party lawsuits can be overwhelming, but you do not have to do it alone.

Our Hamburg workplace injury lawyers at Chiacchia Injury Attorneys are dedicated to fighting for the compensation you deserve so you can focus on your recovery.

What Should I Do Immediately After a Workplace Injury?

If you suffer a workplace injury, taking swift action is critical to protecting your health and your rights. The first step is to notify your employer as soon as possible. Under New York law, you are required to inform your employer of the injury within 30 days. While verbal notification is allowed, it is always a good idea to provide written notice for documentation purposes. A written report should include important details such as the date, time, location, and nature of the injury, as well as any immediate consequences you experienced. This record ensures there is a clear account of the incident, which can be helpful if you need to file a Workers’ Compensation claim later.

After reporting the injury, seek medical attention immediately. Even if the injury appears minor at first, some conditions may worsen over time or have delayed symptoms. Receiving a medical evaluation not only addresses your health concerns but also establishes a formal record of the injury. Make sure to inform the doctor or medical professional that the injury occurred at work so they can document it accordingly. Medical records are essential pieces of evidence when filing a Workers’ Compensation claim.

If your injury requires time off work or ongoing medical treatment, you will need to complete and submit Form C-3, the "Employee Claim," to the New York State Workers’ Compensation Board. Filing this form accurately and in a timely manner is crucial for securing benefits. Consulting with a lawyer experienced in Workers’ Compensation can help you avoid errors and ensure your claim proceeds smoothly.

What Are My Employer’s Responsibilities After a Workplace Injury?

Employers in New York have specific legal responsibilities when a workplace injury occurs. Once you notify your employer about your injury, they are required to report it to the New York State Workers' Compensation Board and their insurance carrier. This must be done within 10 days if the injury involves medical treatment beyond basic first aid or results in the injured employee missing at least one day of work.

Employers must also provide injured workers with information about their rights under Workers’ Compensation laws. This includes explaining how to file a claim, providing access to necessary forms, and ensuring that you receive medical attention. Employers are prohibited from retaliating against employees for reporting injuries or filing Workers’ Compensation claims.

If you feel that your employer is not fulfilling their obligations, it may be helpful to seek legal advice to ensure your rights are protected. Understanding the employer's role in this process can prevent unnecessary delays or complications with your claim.

What Benefits Are Available Through Workers’ Compensation?

Workers’ Compensation is designed to provide financial and medical support to employees who are injured on the job. In New York, Workers’ Compensation covers several key benefits to help injured workers recover and manage their circumstances:

• One primary benefit is coverage for medical expenses. This includes doctor visits, hospital stays, surgeries, medications, physical therapy, and other necessary treatments. The cost of medical care related to your workplace injury is fully covered under Workers’ Compensation guidelines. If your doctor recommends a treatment not explicitly outlined in the state’s guidelines, they may need to request a variance to ensure coverage.
• Another significant benefit is wage replacement. If your injury prevents you from working, you may be eligible for temporary disability payments. These benefits typically provide two-thirds of your average weekly wage, up to a state-mandated maximum. For severe injuries that result in permanent disability, additional benefits may be available, depending on the degree of impairment.
• Additionally, Workers’ Compensation may provide vocational rehabilitation services if your injury prevents you from returning to your previous job. These services can help you acquire new skills or training for a different role.

What Are the Time Limits for Filing a Workers’ Compensation Claim?

Understanding the deadlines associated with Workers’ Compensation claims is critical. In New York, you must notify your employer of your workplace injury within 30 days of the incident. While verbal notification is acceptable, providing written notice is highly recommended to avoid disputes.

Beyond notifying your employer, you have up to two years from the date of the injury to file a formal claim with the New York State Workers’ Compensation Board. Missing this deadline can result in the loss of your right to benefits, so it is essential to act promptly. If you are unsure about the deadlines or need assistance navigating the process, consulting a lawyer can provide clarity and guidance.

Can I Choose My Own Doctor for Work-Related Injuries?

In New York, injured employees have the right to choose their own doctor for treatment, provided the healthcare provider is authorized by the New York State Workers’ Compensation Board. This means the doctor must be registered with the state to treat patients under Workers’ Compensation guidelines.

Before beginning treatment, it is important to verify the provider’s authorization status. Choosing an unauthorized provider could result in medical bills not being covered by Workers’ Compensation. If you are unsure which doctors in your area are authorized, the Workers’ Compensation Board’s website provides a searchable directory to help you make an informed decision.

What Happens if My Workers’ Compensation Claim Is Denied?

A denied Workers’ Compensation claim can feel overwhelming, but you have options for appealing the decision. If your claim is denied, you can request a hearing before a Workers' Compensation Law Judge. During the hearing, you will have the opportunity to present evidence, including medical records, witness statements, and other documentation, to support your case.

The appeals process can be complex, so working with an experienced lawyer can significantly improve your chances of success. A lawyer can help you gather the necessary evidence, prepare for the hearing, and present a compelling argument on your behalf.

Common reasons for claim denials include missing deadlines, incomplete documentation, or disputes about whether the injury was work-related. Addressing these issues effectively is key to overturning the denial and securing the benefits you deserve.

Will Filing a Workers’ Compensation Claim Affect My Job?

One common concern among injured workers is whether filing a Workers’ Compensation claim will affect their employment. In New York, it is illegal for employers to retaliate against employees for pursuing Workers’ Compensation benefits. This means your employer cannot fire, demote, or take other adverse actions against you simply because you reported an injury or filed a claim.

If you believe your employer has retaliated against you, you may have grounds for a separate legal claim. Document any instances of retaliation and seek legal advice to protect your rights. Knowing that the law is on your side can help alleviate concerns about workplace repercussions.

Do I Need a Lawyer to Handle My Workers’ Compensation Claim?

While it is possible to file a Workers’ Compensation claim on your own, many injured workers choose to work with a lawyer to navigate the complexities of the process. A lawyer can provide valuable assistance by ensuring all paperwork is completed accurately, meeting deadlines, and advocating on your behalf if your claim is disputed or denied.

Legal representation is especially beneficial in cases involving serious injuries, disputes over the extent of your disability, or allegations that the injury is not work-related. A lawyer can also help address issues such as employer retaliation or delays in receiving benefits.

Hamburg Workplace Injury Lawyers at Chiacchia Injury Attorneys Understand the Legal Complexities of Workplace Injuries

Workplace injuries can create significant physical, emotional, and financial challenges. Understanding your rights and taking the appropriate steps after an injury can help ensure you receive the support and benefits you need to recover. Whether you are navigating the initial claims process or appealing a denial, it is important to act promptly and seek guidance when necessary. For those facing challenges related to workplace injuries, the Hamburg workplace injury lawyers at Dan Chiacchia Injury Attorneys are here to provide the support and advocacy you need. Call us today at 716-648-3030 or fill out our online form for a free consultation. Our office is located in Hamburg, New York, and we proudly serve clients in West Seneca, Orchard Park, Lackawanna, Cheektowaga, Erie County, and the rest of the county.