Top Buffalo, NY Workers' Compensation Lawyers

In Buffalo, workplace accidents and injuries happen in diverse work environments and result in injuries ranging from minor to severe. The most common ones include:

• Slips, trips, and falls: These accidents tend to happen on slippery floors, uneven surfaces, or in areas with poor lighting. They can lead to serious injuries such as broken bones, back injuries, and head traumas.
• Repetitive strain injuries: Repetitive strain injuries are common in office environments or manufacturing. Repeating the same motions over a long period of time can lead to tendonitis, carpal tunnel syndrome, and other musculoskeletal conditions.
• Machinery accidents: Those who work in manufacturing, construction, and other industrial settings are at risk of accidents with machinery. These can cause everything from minor injuries to amputations.
• Chemical exposures: Workers in industries handling chemicals may suffer from respiratory issues, skin burns, and other health complications due to exposure to hazardous substances.
• Overexertion injuries: These injuries occur when employees engage in activities that push their physical limits. For example, lifting heavy objects can lead to muscle strains and back injuries.
• Falls from heights: Falls from heights are common in construction and warehousing jobs. These falls can be particularly severe and even fatal.

First, you’ll need to let your employer know that you were injured on the job or developed a work-related illness or health condition. You should do this in writing within 30 days of the incident. When you seek medical help, you must inform your doctor that your injury or health condition is job-related.

Employers are required to document the occurrence by filing a Form C-2F with the Workers' Compensation Board within 10 days of notification. The doctor who treats you is required to complete the initial medical report, Form C-4, and submit it to the board's district office. This process ensures that copies are also sent to you, your employer, and your employer’s insurance carrier.

When you’re ready to file a workers’ compensation claim, you’ll need to fill out Form C-3 and submit it to the New York State Workers' Compensation Board. This should be done no later than two years after discovering your workplace injury or illness.

When completing Form C-3, you need to provide the following details:

• Personal information: Full legal name, address, Social Security number, phone number, email address, and date of birth.
• Employment information: Employer's name, address, phone number, your job title, and a brief description of your job duties.
• Accident/injury details: Exact date, time, and location of the accident, detailed description of the incident, and specific body parts injured.
• Witness information: Names and contact information of any witnesses to the accident (if available).
• Medical treatment: Details about where and when you received medical treatment for your injury, including the name and address of the medical provider.
• Work status: Information on whether you have missed work due to your injury, including dates of work absence.

Once the necessary paperwork from your employer and doctor is submitted, the insurance company will evaluate your claim to determine your eligibility for workers' compensation benefits. If your claim is accepted, they will begin issuing financial benefits within 18 days of you filing the claim.

Even the slightest error or omission in your claim can lead to disputes and a possible denial. Before formally appealing, your attorney can contact the insurer to discuss the denial and provide any additional information or documentation that could address their concerns. This step can sometimes resolve issues without needing a formal appeal.

If initial efforts don't reverse the denial, you can file an appeal with the New York State Workers' Compensation Board and request a hearing. During the hearing, your attorney can present evidence supporting your claim. This might include medical records, testimony from your doctor, witness statements, and any other relevant information.

The insurer may request that you undergo an independent medical examination by a doctor of their choosing to provide a second opinion on your injury. The results of this examination can significantly influence the outcome of your appeal.

If the decision from the initial hearing is unfavorable, you can appeal to a three-member panel at the Workers' Compensation Board, and potentially further to the New York State Supreme Court, Appellate Division.

It’s highly advisable to consult with a lawyer experienced in New York workers' compensation law. With their extensive knowledge and experience, they can help you make well-informed decisions about your claim.

To qualify for workers' compensation benefits in Buffalo you must be an actively employed worker at the time of your injury or illness, and your employer must be covered by workers' compensation insurance. Independent contractors typically don’t receive workers' compensation, though other compensation may be available for them.

Your injury or illness must receive confirmation from an approved physician, and you must prove that it occurred directly due to workplace activities or conditions. For example:

• A retail employee develops a chronic knee condition from standing for prolonged periods without adequate breaks.
• A laboratory technician suffers chemical burns due to handling hazardous substances.

Additionally, you must ensure that you didn’t engage in any actions that demonstrate gross negligence or malicious intent, as these can disqualify you from receiving benefits. Examples of such actions include:

• Tampering with safety devices to speed up work processes, leading to an accident.
• Deliberately violating known workplace safety regulations.

Don’t risk getting an unfavorable outcome for your case. Get the help of a skilled and knowledgeable Buffalo workers’ comp lawyer. They can handle your case from start to finish and provide valuable guidance and legal support.

Their services won’t cost you any money upfront. Their contingency fee structure allows you to pursue your claim without the burden of upfront or hidden fees. They only get paid if they successfully win your case.

To begin, contact a Buffalo attorney and take advantage of a free consultation. This allows you to understand more about your claim's potential and what steps you should take next. There is no obligation to hire a lawyer; only honest answers to your questions.