Main Navigation
Sawers & Sackel PLLC
Call now for a free consultation
Local: 716-202-2367
Toll Free: 800-494-1621
Attorney Advertising
Comp Claim To Tackle, Call Sawers & Sackel
We’ll Focus On Your Claim, So You Can Focus On Healing

Buffalo New York Workers' Compensation Blog

Can I get workers' compensation if I'm older than 65?

If you are doing work for a for-profit business and getting paid for it, New York Workers' Compensation Law says you are eligible for benefits if you are hurt on the job. It does not matter how old you are.

Perhaps a better way of asking the question in the title of this post is, "Can I get workers' compensation if I'm retired and collecting a pension or Social Security?" This is a fair question for anyone to be asking these days. While 65 is a traditional retirement age, many people do not leave the workforce until they are much older. Some people like working. Others feel they can't afford to retire.

What happens with my claim if my employer goes out of business?

Regular readers know we stress the importance of reporting all workplace injuries. As we noted in a previous post, state law requires workers to notify employers about injuries as soon as possible after they occur. Filing a claim for workers' compensation benefits, if one is made, must occur within two years of the injury, or the date you determined your illness or injury was work related.

Considering how complicated the process can be, it begs the question: What happens to my claim if my employer goes out of business? There are several possible answers. The one that might apply to you depends on the status of your claim at the time your employer closes its doors.

The 10 most dangerous jobs in America

There are many ways to gauge workplace risk. On-the-job dangers come in many forms and can cause a host of injuries, illnesses, or even fatalities. Regardless, workers are entitled to protection by workers' compensation.

Many government and insurance entities keep track of workplace accidents and fatalities. For this post, we looked at data from the federal Bureau of Labor Statistics that show the 10 civilian occupations with the highest work fatality rates in 2016, the latest year for which complete information is available.

Can a workers' comp settlement be garnished?

Workers' compensation benefits are not a financial windfall. Part of the purpose of workers' comp is to ensure that workers injured on the job don't pay out of their own pocket for the medical treatment they need to recover.

The other key element of workers' comp coverage is cash benefits that cover a portion of lost wages. The amount received depends on: the nature of the worker's disability, the worker's earnings record and a schedule set by the state. Pursuing optimal benefits requires understanding the system's complexities.

Can remote employees collect workers’ compensation?

In this technological age, many employers now support arrangements that allow their employees to work from home. This opportunity to work remotely from home raises the question in the title of this post.

Remote employees seeking workers' compensation need to prove that their injury arose out of and occurred in the course of their work.

New York State takes workers' compensation fraud seriously

Fraud can be found in a number of factual situations, against a number of involved parties. The New York State Workers' Compensation Board has an Office of the Fraud Inspector General. This office investigates any allegation by any party against the workers' compensation system. These might include:

My workers' compensation claim was denied. What now?

New York law requires that nearly all employers provide workers' compensation coverage for their employees. Yet this does not mean every workers' compensation claim is accepted.

Many workers' compensation administrators accept claims, but the reality is that sometimes claims are denied. When that happens, a skilled attorney's help can be invaluable. Indeed, working with experienced counsel from the outset may reduce chances of rejection.

How do I know if I’m covered by workers’ compensation?

If you are working in the Buffalo area and are injured on the job, it’s likely you are eligible for workers' compensation. Under New York law, nearly every employer is required to carry coverage. This ensures that individuals hurt or made ill at work receive the care they need. If disability results, the worker is entitled to cash benefits.

The breadth of workers' compensation eligibility is made clear in New York state law, which says workers in the following occupations must be covered.

Who watches out for injured healthcare workers?

Doctors, nurses and other health professionals are not immune to illness and injury. Indeed, statistics show they face a greater need for workers' compensation than most industries.

Exposure to disease is a given in a clinic or hospital setting. Through the course of any given day, health workers are moving individuals or dealing with difficult patients. Workers should not have to fight for workers' compensation benefits, but sometimes it's required.