Your health is the main priority after a spinal injury. Spinal injuries are serious, but they do not always show symptoms right away. As a result, it is critical that you be examined by a doctor as soon as possible. If you can move, go to the nearest emergency room. If you are unable to move, do not try to or ask your co-workers to help you move. Instead, call emergency services.
You can see any doctor of your choosing while on workers’ compensation. If your employer has a preferred provider organization (PPO), you must see a doctor within that network for the first 30 days. Any doctor you see must also be authorized by the Workers’ Compensation Board.
Notify your employer, in writing, about the accident that resulted in injury within 30 days. Failing to do this can result in a forfeiture of your benefits. Include details of where, when, and how the injury occurred and keep a copy of the notice for your own records.
Unlike in other states, employees in New York must file a claim with the Workers’ Compensation Board. The fastest processing is done online, but you can also mail in your application. Attach any medical records and other documentation that support your claim. While you have two years to file your claim, it is recommended that you file as soon as possible.
Thorough documentation provides a strong foundation for workers’ compensation claims. Take pictures and video footage of the accident scene, any equipment involved, and pertinent details, such as worn or outdated safety gear. Also, obtain the names and contact information of any witnesses to the accident.
Retain copies of all medical bills, diagnostic reports, prescription receipts, and any communication with your employer or the Workers’ Compensation Board. Make sure to follow all medical recommendations and advice, as this can help establish the full extent of your injury.
The workers’ compensation system in New York can be complex, and going through it on your own can result in mistakes that forfeit your right to benefits. At Sawers & Sackel, our workers’ compensation lawyers can guide you through it, help you avoid mistakes, and work hard to obtain the full benefits you need. Contact us online or call us today at 716-456-8962.
]]>If you have been injured while on the job in New York, seeking medical treatment is of the utmost importance. It is the only way to protect your safety and well-being. However, injured workers often have questions regarding the physician they should see. So, if you have been hurt, can you see your own doctor for treatment?
Yes. While many other states place restrictions on the doctors that injured workers can see after a workplace accident, this is not the case in New York. Generally speaking, you can seek medical attention from any physician who accepts workers’ compensation payments. Although your employer’s insurance company cannot prohibit you from seeing a specific physician, they may also ask for a second opinion.
The insurance company also has the right to request an independent medical examination (IME). An IME can only be conducted once and may involve a physical exam as well as an evaluation of your medical records. You can record your IME and bring a witness to the exam.
You can search the provider database provided by the Workers’ Compensation Board to find a doctor to treat your injury. If you already have a doctor, you can ask them whether they accept workers’ compensation payments. If so, you can receive treatment from them. However, they must complete and file a “Doctor’s Initial Report” within 48 hours of your first visit. If they do not file this form, the insurance company may deny the payment.
Some states also prevent workers from changing doctors once treatment has begun. Or they limit how many times a person can change doctors. This is not necessarily true in New York, but there is a caveat. If your employer’s workers’ compensation insurance company has a preferred provider organization, you must see a doctor within that network for the first 30 days of your injury.
After the initial 30 days, you can see whichever doctor you prefer, even if that means changing doctors. You can also change doctors as often as you wish after the initial 30 days. Still, any physician you see for treatment must be authorized by the Workers’ Compensation Board.
It is common to have many questions when filing a workers’ compensation claim. At Sawers & Sackel, our Buffalo workers’ compensation lawyer can provide the answers and legal advice you need so you can move forward with confidence and obtain the benefits you need to recover from a workplace injury. Call 716-455-2416 or contact us online to schedule a consultation and to learn more about how we can help with your case.
]]>Before claiming compensation, you must first report the injury to your employer. While the law gives you 30 days to do this, you should inform your employer in writing as soon as possible after suffering an injury. Your employer then has ten days to report the accident and resulting injury to their insurance company.
After your employer has reported the injury to their insurance company, the insurer will review the claim. Often, it is the insurance company representing the employer that determines whether to accept your claim. However, the New York Workers’ Compensation Board can also decide whether or not you are eligible. Your employer’s insurance provider has 15 days to decide on your claim.
While you should file your claim as soon as possible, it is essential to note that state law only gives you a limited amount of time to file. If you do not file within two years of the accident, you will likely forfeit your right to receive any benefits at all.
Ideally, you will start receiving benefits after filing your claim. Under state law, you must begin receiving benefits no later than 18 days after sustaining the injury if the insurer or the Workers’ Compensation Board has determined you are eligible. Once you start receiving benefits, they will be paid bi-weekly. In some cases, such as if you have suffered a permanent disability, a lump sum payment may be possible.
If the insurance company or the Workers’ Compensation Board denies your claim, you have 30 days to appeal the decision. If you do not file your appeal with the Board within this time, you will likely lose your right to obtain any benefits at all. The appeals process is very complex, so it is essential to work with an attorney who can guide you through it.
After suffering a work injury, you need benefits as soon as possible. At Sawers & Sackel, our Buffalo workers’ compensation lawyer can help you navigate the process so no mistakes are made that could delay the benefits you need. Call us now at 716-455-2416 or contact us online to schedule a consultation with one of our experienced attorneys and to get the legal help you need.
]]>When filing a workers’ comp claim, your employer and the insurance company representing them will work hard to settle for the lowest amount possible. They will use many strategies to reduce or deny your claim, such as arguing that your injury did not occur at work. An attorney will know the tactics they use and how to fight against them so you obtain the full benefits you deserve.
Most employees who file workers’ compensation claims are not familiar with the system. This is natural, as until you are hurt, there is no need to understand it. An attorney, though, will be an expert on the workers’ compensation laws and systems. An attorney can inform you of the deadlines involved, the steps to take, and the documents to collect in your case. Having this knowledge can make the entire process easier and ensure you receive the full settlement you need.
You must obtain medical treatment for your injuries to prevent them from worsening. However, the doctor you see is very important. Unlike in other states, the workers’ compensation laws in New York allow you to choose your own doctor. You must ensure, though, that any medical professional you see is authorized by the Workers’ Compensation Board (WCB). Seeing an unauthorized medical professional can put your workers’ comp benefits at risk.
It is the last thing anyone wants to hear after being seriously injured at work, but a significant number of employees have their workers’ comp claim denied every year. Not only can an attorney help you avoid a claim denial, but they can also help in the aftermath. You do not have to accept a denial, and it is sometimes possible to appeal the decision. An attorney can help you through this process, too, and there is a better chance of success if they have been working on your case from the very beginning.
While you may be entitled to workers’ comp after a workplace accident, obtaining full benefits is not easy. At Sawers & Sackel, our Buffalo workers’ compensation lawyer can provide the legal advice you need throughout the process, ensuring your rights are upheld and you receive the full compensation to which you are entitled. Call us now at 716-321-5564 or contact us online to request a consultation and to learn more about how we can help.
]]>Because these agreements are legally binding, it’s critical to understand what’s at stake before signing. The experienced workers’ comp lawyers at Sawers & Sackel in Buffalo, NY, can guide you through the process and protect your long-term interests.
Not all workers’ compensation claims are resolved through a settlement. Neither party is obligated to agree to a settlement. When considering whether to settle with the insurer, one of the most critical factors is any future medical treatment you may require. It is essential to consult with your doctor to determine the type of care you will need and its associated costs. After settling your workers’ compensation claim, you will have to use the funds to pay for any future medical expenses. Healthcare insurance and Medicare will not provide benefits for injuries included in a workers’ comp claim.
It is important to note that you cannot receive workers’ compensation benefits for your entire lifetime. Most workers are entitled to up to 130 weeks of temporary disability benefits. If you require additional benefits after this time, your permanent disability benefits will be assessed by the New York State Workers’ Compensation Board. This evaluation can occur as soon as six months after your accident, but it typically takes between one and two years.
There are also caps on permanent disability benefits, and they extend between 2.5 years and ten years. Before accepting a settlement, you must know how long you will require benefits. If you eventually learn that you need permanent disability benefits, you cannot receive them if you have already accepted a settlement.
Of course, you also need to consider whether the settlement offer is fair. The only way to do this is to determine the amount of lost income you will incur and the cost of receiving medical treatment for your injuries. Once you understand these factors, you can then compare your expenses with the amount of benefits being offered. If the settlement is too low to cover your medical costs and the appropriate amount of income, it is best to reject the settlement offer.
If you have been offered a workers’ compensation settlement offer, do not accept it until our Buffalo workers’ compensation lawyer has reviewed it. At Sawers & Sackel, our experienced attorneys can accurately assess your losses, determine if an offer will help you recover the full benefits you are entitled to, and guide you through the process to ensure your rights are protected. Call 716-456-8962 or contact us online to schedule a consultation.
]]>You can file an Application for Reopening with the Workers’ Compensation Board if your original work-related condition has worsened or new evidence has emerged. Under New York law, you can reopen a claim within 18 years of the injury and eight years after the last payment of benefits. However, there are additional special rules for cases that are older than seven years.
It is important to note that if you signed a ‘full and final release’ after receiving a settlement, you may have waived your right to reopen the case to obtain further benefits, including those for additional medical care. It is essential to speak to a Buffalo workers’ compensation lawyer who can determine if you can reopen your case.
You may also be able to file a new claim if the worsening condition is considered a new injury, or if the condition became worse due to a new work-related activity that aggravated the old injury. A workers’ compensation lawyer in Buffalo can review the facts of your case, determine if you are eligible to file a new claim, and help you through the process so you obtain the best outcome possible.
If you have received a workers’ comp settlement and your condition has become worse, there are many important factors to consider. These are as follows:
Determining what to do when your condition becomes worse after accepting a settlement is not easy. At Sawers & Sackel, our lawyers can help you determine what they are and guide you through the process to obtain the best possible outcome. Call us today at 716-391-4480 or contact us online to schedule a consultation and to get the legal help you need.
]]>After being injured at work, you can receive disability payments for lost wages. The number of benefits you receive will depend on your average weekly wage (AWW) and the extent of your disability due to an occupational illness or injury. For a permanent partial disability, you can receive up to 525 weeks of benefits. On the other hand, if you are permanently disabled, you can receive lifetime benefits.
Workers’ compensation benefits are payments intended to replace lost wages resulting from an injury or illness. The duration of your benefits will depend on the percentage of your disability. Generally speaking, the more severe your injuries are, the longer you will receive benefits. The length of time you can receive benefits based on the degree of your disability is as follows:
The percentage of disability is determined by a medical evaluation that assesses how your injury has impacted your ability to work. An authorized workers’ compensation doctor will examine your condition, review your medical history, and assign an impairment rating based on established guidelines. This rating reflects the extent to which your injury limits your physical function and capacity to earn a living, and it directly influences how long you can receive benefits.
To receive the full workers’ compensation benefits you deserve, your claim must be filed on time. While it is recommended that you tell your employer about the accident as soon as possible, you only have 30 days to report the injury. If you fail to do this, you may be denied benefits.
After notifying your employer, you then have two years to file your claim. Again, if this time limit expires and you have not filed your claim, you may forfeit benefits. It is essential to contact a Buffalo workers’ compensation lawyer as soon as possible to ensure your claim is filed on time.
Suppose you have been hurt while on the job. Please do not wait to contact our Buffalo workers’ compensation lawyers at Sawers & Sackel. We can investigate your case, determine the benefits you are eligible for, and how long you can receive them. Call 716-456-8962 or fill out our online form to schedule a consultation with our experienced attorneys.
]]>Understanding if you qualify and how to access vocational rehabilitation services is vital. With the right legal guidance from Sawers & Sackel in Buffalo, NY, you can get the support you’re entitled to.
Vocational rehabilitation is a set of services designed to help workers injured on the job who can’t return to the same kind of work they did before. These are available through the Workers’ Compensation Board (WCB) and usually include:
The goal? To get you back to work safely, confidently, and in a role that matches your new ability and reality.
Not everyone injured on the job will qualify for vocational rehabilitation services, but many do. To be eligible in NY, you must have a job-related injury or illness covered by workers’ comp, making it hard or impossible to return to your previous job. You must also be able to benefit from retraining or job support services.
The need for vocational rehabilitation services is significant. In recent years, agencies like Adult Career and Continuing Education Services—Vocational Rehabilitation (ACCESS-VR) have helped thousands of injured workers on their path back into the workforce. Getting the right help to navigate this system is key to ensuring you can earn a living regardless of your work injury.
You must participate in vocational rehab to get a Schedule Loss of Use (SLU) award of 50% or more for specific body parts, like an arm or leg. You are not eligible if you’re already working or have found another way to support yourself. Our seasoned workers’ compensation attorneys can help determine your eligibility and fight for your right to access the services you need if your case is denied.
While the workers’ comp system is supposed to support injured workers like you, the truth is it can be hard to navigate, especially when you’re in pain or dealing with doctor’s visits, bills, and time off work. But you don’t have to figure it all out alone, and you shouldn’t have to. Our Buffalo, NY, workers’ compensation lawyers at Sawers & Sackel can help you get your life and career back on track. They can ensure your employer refers you to vocational rehab services if you qualify and help you fight back if services are denied or cut off.
Our workers’ compensation attorneys in Buffalo, NY, can ensure that the training or job offer fits your restrictions and skill set. Additionally, they can aid in negotiating a fair settlement for your claim, especially if it affects future earnings. Contact us online or call (716) 455-2416 to arrange your free case review today.
]]>Insurance providers often fight these long-term claims, questioning whether you’re unable to work or whether you can do light work, even when it’s not realistic.
At Sawers & Sackel, we know it’s natural to have questions about your benefits when you’re considering or have returned to work after an injury. From our workers’ compensation attorneys, here’s what you should know about how your benefits may continue:
If your injury or illness means you can only return to a job that pays less than what you earned, you may qualify for “reduced earnings” benefits. These payments can help bridge the gap, potentially covering up to two-thirds of the wage difference.
If you’re back at work but need occasional time off for medical appointments or flare-ups related to your work injury, you may be eligible for workers’ comp benefits for that time away. Ensure you have clear medical proof connecting your absence to your injury and keep detailed records of your lost time and pay.
As you heal from your work injury, ask your employer if they offer transitional work or light duty, which involves tasks that fit within your medical restrictions. Likewise, if your injury qualifies as a disability under the Americans with Disabilities Act (ADA), ask your employer what accommodations they may have.
One of the vital workers’ comp benefits is that you’re usually entitled to medical treatment for your work injury or illness for as long as you need it, even after you’ve returned to work, unless you agree to a settlement called a Section 32 Waiver Agreement. This is a negotiated agreement where you receive a lump sum payment to settle all future benefits with the insurer, including your medical benefits.
Discuss this with your Buffalo workers’ compensation attorney so you can weigh the pros and cons of settling your claim. You can also be reimbursed for the costs of traveling to your medical appointments and for any out-of-pocket expenses you’ve paid for related care, including your prescriptions.
It’s understandable to worry about your job after a work injury. While the law doesn’t legally obligate your employer to keep your position open, many employers try to accommodate injured workers and bring them back. The best approach is to maintain open communication with your employer regarding your recovery and their plans for your return.
Our attorneys can help you document your medical condition and functional limitations and push for a fair impairment rating reflecting your limitations. Our attorneys can also represent you during hearings and protect your rights if your employer pressures you to return before you’re ready, withholds your benefits, or denies your claim. Find out how the experienced legal team at Sawers & Sackel in Buffalo, NY, can help you by scheduling your free initial case review. Call 716-455-2416 or contact us online today.
]]>You should take specific steps to help ensure that you receive full coverage for the medical expenses you incur in a work-related accident or because of a work-related illness.
The most important first step you can take is seeking the medical attention that you need. The fact is that injuries and illnesses can progress very quickly, and the sooner treatment begins, the better your prognosis is likely to be. If the situation is an emergency, there are no constraints on the doctor you see. If it’s not, however, it’s important to choose a doctor approved by the Workers’ Compensation Board.
To bring a successful workers’ comp claim, you’ll need to notify your employer, supervisor, or boss that you were hurt while doing your job, and you shouldn’t wait to do so.
Another key component of ensuring that your work-related medical bills are covered is having a practiced workers’ compensation lawyer backing you up. They will spare no effort in their focused efforts to prove the full scope of your medical expenses.
The surest means of protecting your claim is taking your medical team’s advice and instructions seriously. This includes all the following:
To file a successful work-related injury claim that covers your complete medical expenses, you’ll need to prove their extent, and each of the following can help:
If your job leaves you injured, recovering your entire range of losses, including your medical expenses, will play an essential role in fully regaining your health and well-being. The compassionate Buffalo workers’ compensation attorneys at Sawers & Sackel appreciate the difficulties you’re facing, and we are well prepared to unleash the full force of our impressive legal drive and experience in dedicated pursuit of an optimal claim outcome for you. Learn more about what we can do to help by contacting us today.
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