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Our workers’ compensation lawyers in Hamburg help injured employees obtain the benefits they need. It is critical to understand how the system works and what benefits are available. If you have been hurt or developed an illness while on the job, you may be eligible for benefits. However, the process of obtaining benefits for your medical expenses and lost wages is complex, especially if you have never been through it before. Our dedicated lawyers handle all types of work-related injuries and can help you through the process.
What is Workers’ Compensation in New York?
In New York, workers’ compensation is a mandatory insurance program for employers. All employers who employ at least one employee must purchase workers’ compensation insurance and report any employee injury to the insurer. Employees who are injured while on the job must initiate the claims process by filing an Employee Claim Form (C-3) with the Workers’ Compensation Board (WCB).
Workers’ compensation in New York is a no-fault system. This means that even if employees caused or contributed to the accident and suffered injury, they can still file a claim for benefits. However, employees forfeit the right to sue their employer due to the no-fault system, making workers’ compensation the primary remedy for injured workers.
Almost all workers in New York are eligible for workers’ compensation regardless of their immigration status. Employees can receive benefits that cover all reasonable medical expenses and typically replace two-thirds of their weekly wages.
How Does the Process Work in New York?
There are many steps involved when claiming workers’ compensation benefits. These include:
- Report the injury or occupational illness to the employer within 30 days, but preferably, as soon as possible.
- Seek medical attention. If your employer has a network of authorized doctors in a Preferred Provider Organization (PPO), you must see one of these physicians within the first 30 days. After that time, you can see any doctor whom the WCB authorizes.
- File the Employee Claim Form to initiate the process.
- The WCB will process the claim, resolve any disputes, and instruct the insurance company to pay the approved benefits.
While filing a workers’ compensation claim may seem straightforward, it is not. It is complex, and even the slightest mistake can jeopardize your chance for benefits. Working with a Hamburg workers’ compensation lawyer can make the process easier and ensure that no errors are made.
Our Workers’ Compensation Lawyers in Hamburg Can Provide the Legal Advice You Need
If you have been injured on the job, you may be entitled to workers’ compensation benefits, but you shouldn’t go through the process alone. At Sawers & Sackel, we provide the advice you need throughout the process to ensure no mistakes are made, your questions are answered, and you obtain the benefits you need. Contact us online or call 716-391-4480 to schedule a consultation.