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Top Niagara Falls, NY Workers' Compensation Lawyers

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Don’t handle your claim alone after a workplace injury

Contact a Niagara Falls workers’ comp lawyer and get the best possible outcome for your case

Niagara Falls' economy is predominantly driven by tourism, with millions visiting the natural wonder and related attractions each year. Another key industry is agriculture, due to the area’s rich flatland.

Every day, the workforce in Niagara Falls faces hazards ranging from minor mishaps to severe ailments across various professions. Should you suffer an injury at work, an experienced workers’ compensation attorney can provide legal assistance and advocacy. Set up a complimentary legal consultation with a lawyer who serves Niagara Falls.

Learn more about how a Niagara Falls workers' comp attorney can help:

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In Niagara Falls, NY, workers encounter a variety of common workplace accidents and injuries. These include:

  • Slip and falls: Slippery surfaces or clutter can lead to slips, trips, and falls. These accidents often result in injuries such as sprains, fractures, whiplash, and concussions.
  • Struck by objects: Objects falling from heights or being mishandled can strike workers. This can cause injuries ranging from bruises to more severe trauma.
  • Sprains, strains, and tears: These injuries frequently occur due to overexertion or awkward movements during manual tasks.
  • Electrical accidents: Workers may be exposed to unsafe electrical hazards leading to shocks or burns.
  • Heavy equipment malfunctions: Malfunctions with heavy machinery can lead to serious injuries, including crush injuries or amputations.

Filing a workers' compensation claim process can be confusing, especially if it’s your first time. Here's a step-by-step guide to ensure you know exactly what to do if you suffer a work-related injury or illness in Niagara Falls.

Step 1: Notify Your employer and seek medical attention

As soon as you sustain an injury or identify an illness as job-related, notify your employer in writing. This initial step must be completed within 30 days of the incident or from when you first became aware that your illness is related to your job. Documentation is important for your claim, so keep copies of all communications.

Also, see a doctor to get a medical evaluation. Be aware that your employer's insurance plan may restrict you to specific healthcare providers. Inform your doctor that your injury or illness is work-related so they can file the necessary medical reports.

Step 2: Filing Form C-3

To officially file a workers’ compensation claim, you'll need to complete and submit Form C-3 to the New York State Workers' Compensation Board. This form should be filed within two years from the date of injury or from when you first became aware of the work-related illness.

The information required on Form C-3 includes:

  • Personal information: Include your full name, address, and social security number.
  • Employment information: Details about your employer and the nature of your job at the time of the injury.
  • Incident details: Describe the incident, the nature of your injury or illness, and the date it occurred.
  • Medical treatment information: Provide details about your initial treatment and any ongoing healthcare you require.

Your employer must report the incident to the Workers' Compensation Board using Form C-2F within 10 days of learning about your injury or illness. Additionally, your treating physician must complete and submit Form C-4 and send your initial medical report to the board's district office. This ensures that all relevant parties, including you, your employer, and the insurance company, receive copies of the medical findings.

Once all necessary documentation is filed, your employer’s insurance company will review your claim to determine eligibility for workers' compensation benefits. If your claim is accepted, you will start receiving benefits accordingly. It could take 18 days from the date you filed your claim and come on a bi-weekly basis.

Step 3: Handling Claim Disputes

If your New York workers' compensation claim gets denied, there are several steps you can take to appeal the decision and pursue your rights to benefits. Here's what you should do:

  • Understand the reason for denial: First, review the denial letter from the insurance company carefully. It will specify why your claim was denied. Common reasons for denial include claims that the injury is not work-related, insufficient evidence, missed deadlines, or disputes about the severity of the injury.
  • Request a hearing: If you disagree with the denial, you can request a hearing before the New York Workers' Compensation Board. To do this, file an application for review to contest the decision, and submit it within 30 days from the date of the denial notice. Prepare to present evidence and possibly witness testimony to support your case.
  • Prepare for the hearing: Gather all relevant documentation, such as medical records, a detailed account of the incident, and any correspondence related to your workers' compensation claim. It may also be helpful to obtain written statements from witnesses and secure additional medical opinions if the initial medical findings were disputed.
  • Attend the hearing: During the hearing, both you and the insurance company will have the opportunity to present your case. This includes:
    • Testifying about your injury and how it occurred.
    • Presenting all gathered evidence.
    • Answering questions posed by the judge or the insurance company’s representatives.
  • Appeal, if necessary: If the decision from the hearing is still unfavorable, you can appeal to a panel of three board members. If the panel's decision is also unsatisfactory, further appeals can be made to the New York State Supreme Court.

As long as you’re classified as an employee for an employer who carries workers’ compensation insurance, you may be eligible for financial benefits. Independent contractors and freelancers don’t typically qualify. However, they can seek compensation through other legal avenues after a workplace injury.

Additionally, your injury or health condition must have occurred while you were performing job duties or as a result of your work environment. For example, you may be eligible for workers’ comp if you sustained a back injury from repetitive heavy lifting while working in manufacturing.

On the other hand, engaging in gross negligence or malicious behavior could disqualify you from receiving benefits. For example, you could be barred from receiving benefits if your injury occurred because you were fighting on the job, knowingly disregarding safety rules, or working while intoxicated.

If the process of obtaining workers’ compensation benefits seems overwhelming, just know that you don’t have to handle it alone. Niagara Falls workers’ comp lawyers are committed to helping clients who have sustained injuries or occupational illnesses on the job. They can ensure that every step of your claim is handled without any errors.

One of the best parts about seeking legal assistance in Niagara Falls is that it's financially risk-free to start. Workers' comp lawyers here work on a contingency fee basis, meaning you won't pay any attorney fees unless they win your case.

Plus, legal consultations are free, and there’s no obligation to hire a lawyer. During this initial consultation, a Niagara Falls workers’ comp attorney will evaluate your case, guide you through your options, and discuss how they can help move your claim forward. To get started, contact a lawyer in Niagara Falls today.

Injured? Call Now
Talk to a LAW.COM Premier Attorney today!

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Tell us about your potential case.

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Injured? Speak to a LAW.COM
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