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Top Plattsburgh, NY Workers' Compensation Lawyers

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Get the benefits you deserve after sustaining a work-related injury or illness

Let a Plattsburgh workers’ comp lawyer fight for your rights and secure maximum compensation

Plattsburgh's economy benefits from its proximity to Canada. Its key industries include Agribusiness, transportation equipment manufacturing, tourism, and cleantech and renewable energy.

The city also focuses on retail and services, which cater to both residents and cross-border visitors. Higher education and healthcare are also significant sectors, with SUNY Plattsburgh and the CVPH Medical Center.

No matter what type of job you have, the smallest mistake can cause a work accident that leaves you out of work for weeks, months, and possibly years. Consulting with an experienced workers’ compensation attorney can streamline the process of getting compensation. Schedule a free consultation with a lawyer near Plattsburgh today to learn more.

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

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In Plattsburgh, workplace injuries and accidents happen across several different sectors. The three most common ones that lead to workers’ comp claims include:

  • Slips, trips, and falls: These incidents often occur due to wet floors, uneven surfaces, or obstacles in walkways. They often lead to injuries ranging from minor scrapes to broken bones or traumatic brain injuries.
  • Repetitive strain injuries: Whether it’s typing or assembly line work, repetitive motions can lead to musculoskeletal conditions such as carpal tunnel syndrome and tendonitis.
  • Overexertion and heavy lifting injuries: These occur frequently in physically demanding jobs where lifting, pushing, or pulling heavy objects is involved. They often lead to strains, sprains, or more chronic musculoskeletal issues.

Filing a workers' compensation claim in Plattsburgh can be a complex process, especially for those unfamiliar with the necessary steps. Here’s an expanded guide to help you navigate the procedure after a work-related injury or illness.

Step 1: Notify Your Employer and Seek Medical Attention

Immediately after sustaining an injury or recognizing an illness as job-related, inform your employer in writing. This communication must occur within 30 days of the incident or the realization that the condition is related to work. Maintaining copies of this correspondence is crucial as it forms the foundation of your claim.

Consult a doctor for a medical assessment as soon as possible. Note that your employer's insurance may require you to see specific healthcare providers. Ensure that the doctor understands the work-related nature of your injury or illness, as their reports will be helpful for your claim.

Step 2: Filing Form C-3

To formally initiate your workers' compensation claim, fill out and submit Form C-3 to the New York State Workers' Compensation Board. This must be done within two years from the date of the injury or from when you first became aware of a work-related illness.

When filling out this form, you need to provide the following information:

  • Personal information: Your full name, address, and Social Security number.
  • Employment information: Details about your employer and your job role at the time of the injury.
  • Incident details: A description of the incident, the nature of your injury or illness, and the date it occurred.
  • Medical treatment information: Information about your initial and any ongoing treatment.

Your employer is required to report the injury or illness to the Workers' Compensation Board using Form C-2F within 10 days of notification. Additionally, your treating physician must submit an initial medical report using Form C-4 to the board's district office. This ensures that all parties involved, including you, your employer, and the insurance company, are informed of your medical status.

Step 3: Insurance company review

After all necessary documentation has been submitted, your employer’s insurance company will assess your claim to determine eligibility for workers' compensation benefits. If accepted, you will begin receiving benefits, typically within 18 days of filing your claim, disbursed on a bi-weekly basis.

If there are any errors in your claim, it could get disputed or denied by your employer’s insurance provider. If this occurs, it’s not the end of the world. You can still seek workers’ comp benefits by doing the following:

Understanding Denial Reasons

If your claim is denied, the first step is to understand why. The denial letter will outline the reasons, which could include disputes over whether the injury is work-related, lack of evidence, or missed deadlines.

Requesting a Hearing

Disagreeing with the denial allows you to request a hearing before the New York Workers' Compensation Board. File an Application for Review (Form RB-89) within 30 days of receiving the denial notice. Prepare to present evidence and possibly witness testimony to support your case.

Preparing for the Hearing

Gather all relevant documents, including medical records, a detailed account of the incident, and any related communications. Obtaining written statements from witnesses and securing additional medical opinions can also be beneficial.

Attending the Hearing

During the hearing, you and the insurance company will have the opportunity to present your cases. This includes testifying about the injury, presenting evidence, and answering questions from the judge or insurance representatives.

Appeals

If the hearing's outcome is unfavorable, you can appeal to a panel of three board members. Should the panel's decision also be unsatisfactory, further appeals can be made to the New York State Supreme Court.

To be eligible for workers' compensation benefits in Plattsburgh you must be classified as an employee at the time of your injury or when discovering an occupational illness. Independent contractors typically don’t qualify for workers' comp benefits, but they might pursue other compensation avenues.

You also need to prove that your injury or occupational health condition directly resulted from your job duties or workplace environment. For example, if you’re an assembly line worker who develops repetitive strain injuries from continuous, monotonous tasks, you may be able to get workers’ comp benefits.

However, if you were engaged in gross negligence or malicious behavior, you might not qualify for workers’ comp. For example, a forklift operator who shows up to work while intoxicated may be barred from workers’ comp benefits after causing an accident.

Pursuing a workers’ compensation claim is often a confusing process with absolutely no room for error. However, you can increase the likelihood of getting fully compensated by hiring an experienced Plattsburgh workers’ comp lawyer. They can guide you through every aspect of your claim and advocate for maximum compensation before the Workers’ Compensation Board.

Best of all, you don’t have to worry about any upfront costs. Plattsburgh workers’ comp lawyers operate on a contingency fee basis, which means you only pay them if they succeed in getting you full compensation. Don’t face the challenges of a workers’ comp claim alone. Contact an attorney in Plattsburgh today to schedule a free consultation.

Injured? Call Now
1-866-828-0442
Talk to a LAW.COM Premier Attorney today!

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Injured? Speak to a LAW.COM
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1-866-828-0442 or Submit Your Case Form