When you are hurt or injured on the job, you are supposed to receive benefits from your employer’s workers’ compensation insurance to cover your medical care and lost wages. Unfortunately, both employers and their insurers can often make it more difficult than it should be to get the benefits you deserve. Whether they deny your claim outright, or give you less benefits than you need, workers often find it hard to get the compensation they need to get by.
I help injured workers work through the complexities of workers’ compensation laws and to overcome the resistance of employers and insurers. I understand how to help you get full compensation for your injuries or illness. If you have been injured on the job in the Albany area or anywhere in Upstate New York, contact me for a free consultation.
What Is Workers’ Compensation?
Workers’ compensation is a type of insurance that most employers are required to carry in the state of New York. The insurance is designed to help employees who are hurt, injured or become ill when on the job. Ideally, this insurance should help injured workers by covering their medical care related to the injury or illness, and by giving them enough of an income to cover their bills while they are unable to work.
Basic workers’ compensation benefits should include payments that equal 2/3 of your weekly wages if you are unable to go back to work, as well as any medical care you need for your injuries. If you are still able to work, but at a reduced capacity, the payments will be lower to account for the wages you can still earn. Workers’ compensation may also pay for damages to your extremities – like your arms, legs or hands – even if you are still able to work.
Why Would Workers’ Compensation Be Denied?
In a perfect world, your employer and its insurer would pay you all the benefits required by law for your injuries. But too often, companies and insurers are motivated to reduce their costs any way they can, including denying your benefits or offering you benefits that do not meet your needs.
Your employer may want to imply that the accident that caused your injuries was in some way your fault, in order to prevent its insurance premiums from increasing. The insurance company is always motivated by the bottom line, so it may use its army of lawyers and doctors to try and prove that you are not as hurt as you actually are. Between the employer and the insurance company, you may struggle to get the benefits you need to cover your medical care or your expenses.
What To Do If You Are Hurt On The Job
If you are hurt while working or become ill due to the work you do, your first step should be to seek medical care and have a doctor treat your injuries or illness. Seeing a doctor is important, not only because you need treatment, but because you need to establish evidence that you were hurt and that it was job related. Tell the doctor that you were hurt at work and make sure that he or she documents this. Your doctors records are an integral part of a successful claim.
After you have seen your doctor, your next step is to contact an experienced workers’ compensation attorney to ensure you take the appropriate steps in the claim process. You can file your own workers’ compensation claim without an attorney, but even if you want to file on your own, you will still benefit from the advice of an attorney as you move forward.
You will need to notify your employer in writing of your workplace injury within 30 days of when it occurred. The state of New York requires that you file for your claim no later than two years after the injury occurred.
Contact Paul Giannetti Today
When it comes to workers’ compensation claims, you can always benefit from sound legal advice and experienced representation. As your attorney, I can help you through the entire claims process, including the filing and any appeals that are necessary to get you your benefits. I can also help you determine if you are eligible for any additional benefits beyond workers’ compensation, such as unemployment benefits, Social Security disability or union benefits.
If you have been hurt at work we can help. I can give you a free consultation, where we can determine what your next steps should be and how you can get all the benefits you are entitled to. Put my knowledge and experience to work for you.