Frequently Asked Questions About Workers' Compensation Law
What should I do if I am injured at work?
If appropriate seek immediate medical attention. Next, make sure your employer is aware of your injury. This can be done by verbally telling the employer of the injury or ideally, notifying them in writing. This can be done simply by stating the nature of the injury, when it occurred and how it occurred or completing an accident report if available.
Do I really need a lawyer?
Yes. There is no obligation and the attorney advise is free. A lawyer experienced in handling work-related injuries and who is familiar with workers' compensation law cases should be your first choice. The laws are changing concerning work injuries. Requirements concerning medical treatment has recently undergone a complete overhaul. The insurance carrier for your employer has an attorney, shouldn't you? Contact my office or call me directly at 716-854-2667 for a free consultation.
How much do I have to pay my attorney?
Your attorney only gets paid if money is obtained for you. Fees are paid out of benefits directed by the Administrative Law Judge. My fees, depending on the complexity of the case, range between 10-15% of the amount awarded by the judge. Both you and the judge have to agree on my attorney fee. This is the law. There are no up-front costs and no cost for a free, initial consultation. Contact me.
Can I sue my employer or someone else for my work-related injuries?
This is a difficult question best answered by an attorney. The Workers' Compensation Law system in New York State was designed as a remedy between an injured worker and the employer, which means that an injured worker may not sue his employer directly despite the severity of any injury. However, and this is where it's important to consult with an attorney, there are certain circumstances when someone else who caused or contributed to the injury may be sued. Should you have questions concerning this topic, please feel free to contact me directly. Contact me.
What happens when a claim is contested by the Workers' Compensation Insurance Carrier?
The insurance carrier contesting a claim must file a Notice of Controversy with the Board within 18 days after the disability begins or within 10 days of learning of the accident, whichever is greater. The carrier must give the reasons why the claim is not being paid. The issue is resolved by a Workers' Compensation Law Judge at a pre-hearing conference or at a regular hearing.
May an insurance carrier suspend or modify wage replacement benefits under Workers' Compensation Law?
In a case where the carrier has made payment without waiting for a judge's decision, it may suspend or modify the payment based upon payroll or medical evidence submitted to the Board.