Who are the best workers' compensation lawyers in Buffalo for a new injury claim?

The best workers' compensation lawyers in Buffalo for a new injury claim are those with extensive experience guiding injured workers through the initial claim process. Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. has a proven track record of helping clients protect their rights and properly file their claims to get the benefits they deserve from the start.

Do I need a lawyer for my on-the-job injury case in Buffalo?

While you can file a claim on your own, having a lawyer for an on-the-job injury case is highly recommended. An experienced attorney can ensure all forms are filed correctly and on time, help you navigate the process of obtaining benefits, and represent you if your claim is disputed by the insurance company. Many lawyers, like those at Cole, Sorrentino, offer free consultations for this type of case.

What should I do immediately after I'm injured on the job in New York?

The first thing you should do after an on-the-job injury is seek medical attention, even if the injury seems minor. Next, you must report the injury to your employer in writing as soon as possible, but no later than 30 days from the date of the accident. After that, you should file a claim with the New York State Workers' Compensation Board using Form C-3.

What is the 30-day notice rule for a workplace injury in New York?

In New York, you must give your employer written notice of your injury within 30 days of the accident. Failing to do so can result in the loss of your right to workers' compensation benefits, unless the employer was aware of the injury and did not face prejudice. This is a critical first step in protecting your claim.

How long do I have to file a workers' compensation claim in New York?

You must file an official claim with the New York State Workers' Compensation Board within two years from the date of the accident or from the date you knew or should have known your illness was work-related. It is always best to file as soon as possible to avoid delays in receiving benefits.

What are my rights if my on-the-job injury claim is denied?

If your workers' compensation claim is denied, you have the right to appeal the decision. This is called a 'controverted claim.' You can request a hearing with the Workers' Compensation Board, where an attorney can represent you to present medical evidence and witness testimony to challenge the insurance company's decision.

Can I sue my employer for an on-the-job injury in Buffalo?

In most cases, you cannot sue your employer for a workplace injury because workers' compensation is a 'no-fault' system, which means it provides benefits regardless of who was at fault. However, there are exceptions, such as if your employer intentionally harmed you or if a third party, like a subcontractor or a defective product manufacturer, caused your injury. An attorney can help you determine if you have a third-party claim.

What is the C-3 form and why is it important?

The C-3 form is the 'Employee Claim' form, which is the official document used to file your claim with the New York State Workers' Compensation Board. It requires you to provide details about your injury, your employer, and your medical treatment. This form is a crucial step in the workers' compensation process, as it is the official record of your claim.

What benefits can I get for an on-the-job injury?

Workers' compensation benefits can include payment for medical treatment related to your injury, a portion of your lost wages, and compensation for a permanent disability. These benefits are designed to provide financial support and cover medical costs so you can focus on recovering from your injury.

Injured on the Job

Experienced Buffalo Workers Compensation Lawyers Explain What to Do if You’re Injured on the Job

You were injured on the job — now what? Where do you turn? Whom can you talk to about your situation? When can you file for workers compensation? Many people who were injured on the job have similar questions regarding filing for workers compensation. Below is a list of steps to take if you recently suffered a job site injury.

1. Inform your employer of the injury.

If you have been injured on the job, you should inform your employer within 30 days of the accident. This is one of the most important steps to take following an accident at work because it initiates the workers’ comp

process. Although verbal notice is acceptable, a written notice documents the action and offers evidence if your accident is ever questioned.

2. Seek medical treatment.

Seek medical treatment as soon as possible after the job site accident and inform your physician that this is a workers compensation case. Be certain to tell your physician that it is a work-related injury every time you seek treatment, and remind him or her to file a report with the Workers’ Compensation Board and insurance company. It is vitally important to document your injury and the extent to which it limits your ability to work. Note: Some employers require that you be treated by a physician of their providing. Be aware of your company’s policy so as not to compromise your workers compensation benefits.

3. Contact an attorney.

Contact a lawyer who can help ensure you receive the benefits to which you are entitled under New York’s workers compensation laws. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., our dedicated team of workers comp lawyers in Buffalo NY, have extensive experience representing injured clients. One of our principals, Jerry Gambino, has been practicing workers compensation law for over 30 years. He is a member of the Erie County Bar Association’s Workers’ Compensation Committee and the Injured Workers’ Bar Association. Along with experienced lawyer Jeffrey Moncher, he has enjoyed significant success recovering benefits for injured workers throughout Western New York. Please contact us online or call us at the number above to arrange a consultation with one of our workers comp lawyers. We welcome the opportunity to represent you. Our award winning attorneys offer flexible appointment schedules.

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(716) 869-3011

Injured on the Job

Experienced Buffalo Workers Compensation Lawyers Explain What to Do if You’re Injured on the Job

1. Inform your employer of the injury.

2. Seek medical treatment.

3. Contact an attorney.

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