Filing for Workers' Compensation Benefits
What You Can Expect from Sawers & Sackel, LLP
When you have been injured on the job, it can be easy to get lost in New York's workers' compensation system without the assistance of an experienced lawyer and law firm. You may have concerns about how your case gets evaluated, when you will start receiving payments, how you should seek medical treatment and how long the entire process will take. This page is meant to answer many of your basic questions.
At the law office of Sawers & Sackel, LLP, our professionals work closely with individuals across Western New York who need workers' compensation benefits. We take a no-nonsense approach to our workers' compensation practice, focusing our efforts on getting you the benefits you are entitled to. Contact our office to arrange a free phone consultation.
In most situations, we can handle all matters related to your workers' compensation claim without requiring you to come to our office. We provide all prospective clients with a free consultation. If we decide to handle your claim, we will mail you a sign-up packet, which will include postage-paid return envelopes. Once we receive your materials, we will put together your workers' compensation claim and act as your advocate in all hearings and proceedings.
Some of the questions clients frequently ask us include:
- What will happen after I contact Sawers & Sackel, LLP?
- Once we receive your information, we notify your employer's insurance carrier and the New York State Workers' Compensation Board that we are handling your claim. Our staff will then review your case electronically, without the need to go to the Workers' Compensation Board. Based on our review, we will decide whether or not to request a priority hearing. We must then wait (often weeks) for the WCB to decide whether to grant the hearing request. If you have questions during this time period, it is best to direct them to the Board at 1-866-211-0645.
- When will I start receiving benefits?
- This will depend on whether your employer agrees that your injury was work-related. If so, you may start receiving benefits almost immediately. Even so, they may not pay you at the appropriate rate. We can help you request a priority hearing to correct the situation.
- If your employer or their insurance carrier contends that your injury was not work-related, or that it was a pre-existing condition, they may controvert your claim, i.e., refuse to pay without a court order. If your case is controverted, you will not receive benefits for a while. A hearing will be scheduled and benefits will generally not be paid until the court orders payment. However, if the court finds in your favor, the benefits will be retroactive to the date your disability began.
- What happens if the insurance company refuses my claim?
- If your claim is controverted, you can seek benefits under the New York State Disability Benefits (NYSDB) program. The payments are less than workers' compensation and are for a limited period of time. There are also specific criteria you must meet regarding time on the job, timeliness of your claim and proof of disability. If your workers' compensation claim is successful, you will be required to pay back any compensation you received through the NYSDB program.
- What can I do if the insurance carrier's doctor cuts my payments?
- If your employer or the insurance company chooses to voluntarily pay you, your benefits amount can be changed, at their discretion. If a judge orders workers' compensation payments, they cannot be reduced without a hearing. If you are receiving voluntary benefits and they are reduced, we will help you request a hearing to obtain an order from a judge.
- Can I choose my own treating physician?
- In most instances, you can select your own physician, provided that the person or facility is authorized by the New York State Workers' Compensation Board to provide medical care. If your employer participates in a managed care program, you may be required to choose a health care provider from within that organization. If, after 21 days of initial treatment, you are dissatisfied with the care you are receiving, you can select your own physician.
To set up a free phone consultation, contact us or call us at 716-648-1300. All workers' compensation claims are handled on a contingent fee basis. We will only charge attorney fees if we recover compensation for your losses.
Sawers & Sackel, LLP
81 Buffalo Street
Hamburg, NY 14075
Telephone: 716-648-1300 | Fax: 716-648-1700
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