We understand how confusing and overwhelming the process can feel after a workplace injury. You may be wondering about your rights and next steps. Our Fredonia workers’ compensation lawyer is here to explain the laws you need to know and guide you through this challenging time.
Suffering a workplace injury will result in high medical bills, and you may not be able to return to work right away to pay for them. The workers’ compensation system in New York is meant to protect workers and ensure they receive the benefits they need right away. However, failing to comply with the law or making a mistake can result in the forfeiture of benefits. A Fredonia workers’ compensation lawyer can help.
Eligibility for Workers’ Compensation Benefits in New York
Workers’ compensation protects almost all employees in New York. This includes full-time and part-time workers in nearly every industry. Employers in New York with at least one employee are required to carry workers’ compensation insurance. It is not uncommon for employers to dispute workers’ compensation claims or to violate the law by failing to carry the required coverage. In these cases, it is important to work with an attorney who can stand up for your rights and make sure they are protected.
Deadlines in Workers’ Compensation Claims
There are two important deadlines to be aware of after a workplace injury. You must first report the injury to your employer within 30 days of the accident that caused it. You must then file Form C3 with the New York State Workers’ Compensation Board within two years of the accident. It is important to report the injury and file Form C3 as soon as possible. This can prevent delays and possible denials.
Available Workers’ Compensation Benefits
You may be able to claim several types of workers’ compensation benefits after a workplace injury. The benefits you receive depend on your situation. These include:
- Medical benefits: Workers’ compensation will cover all reasonable medical expenses, including hospital stays, emergency room visits, surgery, physical therapy, medications, and more.
- Temporary disability benefits: If you are partially or totally disabled and cannot work, you may be able to receive temporary disability benefits. These are based on state guidelines and your wage.
- Permanent disability benefits: If you still have long-term injuries or impairments after reaching maximum medical improvement (MMI), you may be able to obtain permanent disability benefits. Reaching MMI means your injuries will not get any worse, but they will not get any better either.
- Vocational Rehabilitation benefits: If you need support to obtain education or training, you may be eligible for vocational rehabilitation benefits. You may also receive them if you cannot return to your job and must work in another field.
- Death benefits: Workers’ compensation death benefits are available for family members after their loved one is involved in a fatal workplace accident.
Our Workers’ Compensation Lawyer in Fredonia Can Advise On Your Case
Whether you are about to apply for workers’ compensation benefits or your claim has been denied, you need legal advice. At Sawers & Sackel, our Fredonia workers’ compensation lawyer can guide you. We aim to make the process easy and help you obtain the benefits you deserve. Call us at 716-321-5564 or fill out our online form to schedule a consultation and get the legal help you need.
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