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Frequently Asked Questions About Workers’ Compensation
What should I do after a work injury?
We advise you to report the injury to your employer in writing as soon as possible, seek prompt medical treatment from an authorized New York Workers’ Compensation Board doctor, and contact us for a free consultation. We help clients properly document all injuries and pre-existing conditions so they do not jeopardize the claim.
What are the time limits for filing a claim?
You must give written notice to your employer within 30 days and file a claim with the Workers’ Compensation Board within two years (or within two years of knowledge for occupational diseases). We work quickly to meet all deadlines and protect your rights.
After my work injury, does my employer have to accommodate my work restrictions?
Not automatically. Unless required by contract, union agreement, or company policy, employers are often not obligated to accommodate restrictions. We guide you on your options, including benefits while you recover or transition.
Can my employer fire me after a work injury?
In most cases, yes under New York’s at-will employment rules, though there are important exceptions. We help protect your benefits even if your employment ends and advise you on next steps.
How is my Average Weekly Wage determined?
It is calculated based on your earnings over the previous 52 weeks and directly affects your weekly benefit amount. We fight at hearings to ensure your Average Weekly Wage is calculated correctly and maximized.
How long can I receive benefits?
You can receive lifetime medical care related to the injury. Wage replacement (indemnity) benefits depend on the severity and duration of your disability. We also pursue Schedule Loss of Use (SLU) awards for permanent injuries to arms, legs, hands, feet, eyes, ears, or disfigurement.
Can I receive an award even if I didn’t lose time from work?
Yes. We regularly obtain Schedule Loss of Use awards and other permanent disability payments for clients who returned to work but have lasting impairments.
What is a Schedule Loss of Use (SLU) award?
This is a lump-sum payment for permanent loss of use in a scheduled body part. We evaluate your case after the one-year mark and negotiate the maximum award possible.
How do attorney fees work?
We work on a contingency basis. You pay no attorney fees unless we successfully obtain benefits for you, and our fees are paid from your award after Board approval.
Can I settle my workers’ compensation case?
Yes. We negotiate full settlements or indemnity-only settlements (while preserving medical coverage) at the right time. We also pursue third-party lawsuits when someone other than your employer caused or contributed to your injury.
What if my workers’ compensation claim is denied?
We handle denied claims aggressively. We gather additional evidence, attend hearings, and file appeals to fight for the benefits you deserve.
Do I need a lawyer for my workers’ compensation case?
While you may file on your own, having experienced representation significantly improves outcomes at hearings, with settlements, and on appeals. We offer free consultations so you can make an informed decision.
How do pre-existing conditions affect my claim?
Pre-existing conditions do not disqualify you. We help prove that the work injury aggravated or accelerated your condition so you still receive full benefits.
What are workers’ compensation death benefits?
If a work-related injury or illness results in death, we help surviving family members secure death benefits, including funeral expenses and ongoing support payments.
What happens at a workers’ compensation hearing?
We represent you at hearings in Buffalo and throughout Western New York. We prepare medical evidence and advocate to protect your rights and maximize benefits.
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