If you’re injured while working in Buffalo, New York, the situation can be overwhelming. You may be unsure about your rights and the responsibilities your employer has towards you during the recovery process. New York workers’ compensation law is in place to protect you, ensuring that your medical needs are addressed and that you receive compensation for lost wages. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we understand how critical it is for workers to know their rights and how employers must act when an employee is hurt on the job. Here’s a detailed overview of what your employer must do when you’re injured in the workplace in Buffalo.
Richard H. Cole
Partner
Thomas F. Hewner
Partner
Donna L. Haslinger
Partner
Vivian P. Roche'
Partner
Keith R. Rosso
Attorney
Tasha D. Frazie
Attorney
Tyler I. Wood
Attorney
Marc A. Cangé
Attorney
Teresa M. Cappiello
Attorney
1. Reporting Your Injury 
The first and most important step is reporting your injury to your employer. Under New York State law, employees must notify their employer of any work-related injury or illness within 30 days of the incident. It is crucial to report your injury as soon as possible after the accident occurs. Delays in reporting may jeopardize your workers’ compensation claim. Even if the injury seems minor, or you believe it will heal quickly, it’s still important to notify your employer.
The report should be detailed, including the date, time, and circumstances surrounding the injury. Keep in mind that if you wait longer than 30 days to report the injury, you might face difficulties when filing a workers’ compensation claim, and it could affect your ability to receive benefits. The sooner you notify your employer, the smoother the process will be when seeking compensation for medical expenses and lost wages.
2. Employer’s Obligation to File the Claim
Once you report the injury, your employer is obligated to file a workers’ compensation claim with their insurance provider. Workers’ compensation is designed to help cover medical expenses, as well as provide compensation for any lost wages due to your inability to work. If your employer fails to file the claim, you are still entitled to file it on your own. However, they are responsible for cooperating with the process and providing all necessary information to the insurance carrier.
Your employer must provide the insurance company with details about your injury, including the nature of the accident, the resulting injuries, and how long you may be out of work. If there are any disputes or delays in the claim, you can work with an attorney to ensure that your claim is processed fairly and without unnecessary hurdles.
3. Providing Medical Care
When you are injured on the job, your employer is responsible for ensuring that you receive proper medical care. Under New York State workers’ compensation laws, employers must direct you to approved medical providers for treatment. These providers must be authorized by the New York State Workers’ Compensation Board to ensure that the medical care is covered under workers’ compensation.
Your employer should provide you with a list of authorized medical professionals or facilities that are part of their workers’ compensation network. If the injury requires immediate attention, it’s important to seek medical care promptly. However, your employer must ultimately cover the costs of your treatment through workers’ compensation. Any out-of-pocket expenses for medical bills should be reimbursed once the claim is processed.
Additionally, if your doctor recommends physical therapy, surgery, or other treatments, your employer is responsible for covering the costs of those services as well, as long as they are within the scope of the workers’ compensation guidelines. You also have the right to seek a second opinion from another approved medical provider if necessary.
4. Keeping Communication Open
Throughout the process, your employer must keep open lines of communication with you. This includes providing updates on the status of your claim, ensuring that any medical reports are submitted to the workers’ compensation carrier, and informing you of your benefits eligibility. If there are delays or complications in the workers’ compensation process, your employer should provide guidance and make sure that the necessary steps are taken to resolve any issues.
If at any point your claim is denied, or if there are significant delays, it’s critical to speak with an attorney who specializes in workers’ compensation claims. An experienced attorney can help advocate for your rights, communicate with your employer on your behalf, and ensure that you receive the full compensation you’re entitled to.
5. Protection Against Retaliation
Another crucial aspect of workers’ compensation law is that your employer cannot retaliate against you for reporting a workplace injury. New York law specifically prohibits any form of retaliation, such as termination, demotion, or other punitive actions, for filing a workers’ compensation claim. If your employer takes retaliatory action against you for reporting your injury, it’s important to seek legal advice immediately.
Retaliation can take many forms, from unjust termination to reduction in work hours, changes in job responsibilities, or harassment. If you feel that your employer is retaliating against you for filing a claim, you have the right to file a legal complaint. An attorney can help you take the necessary steps to ensure your job and legal rights are protected throughout the process.
6. Return to Work Programs
Once you begin to recover from your injury, your employer must assist in facilitating a return-to-work program. This could mean providing modified duties or adjustments to your workspace to accommodate any physical limitations you may have. Your employer is required to accommodate your injury to the best of their ability if you are medically cleared to return to work.
Return-to-work programs are designed to help injured workers ease back into their job roles, often with modified hours, lighter tasks, or flexible work environments. If your injury prevents you from performing your regular duties, your employer must work with you to find a solution that allows you to return to work as soon as possible, provided that it aligns with your recovery progress.
If your employer does not make reasonable accommodations or forces you back into work too soon, this could be a violation of your rights. Consulting with a legal professional can help ensure that your employer complies with the laws and provides the necessary support for your safe return to work.
What to Do If Your Employer Isn’t Complying
In cases where your employer is not following the proper procedures, or if they are refusing to cooperate with your workers’ compensation claim, you have the right to take action. Start by contacting an experienced workers’ compensation attorney who can help you navigate the situation. If your employer is not filing the claim, failing to provide necessary medical care, or retaliating against you, a legal professional can help you understand your options for recourse.
In some cases, you may need to file a formal complaint with the New York State Workers’ Compensation Board or seek legal action to hold your employer accountable. It is crucial to understand that you have rights under the law, and those rights should be protected during the process.
Being injured at work can be a daunting experience, but knowing your rights can make all the difference. In Buffalo, New York, your employer has specific legal obligations to protect your health, well-being, and financial stability while you recover from your injury. They must report the injury, file the workers’ compensation claim, provide necessary medical treatment, maintain communication with you, and offer protection against retaliation. If your employer isn’t complying with these requirements, it’s important to take action and seek legal help to ensure that your rights are upheld.
At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we specialize in workers’ compensation cases and are committed to helping injured workers in Buffalo and throughout New York. If you need assistance with your workers’ compensation claim or have questions about your rights, don’t hesitate to contact us for a consultation.