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Workers Compensation in Buffalo, NY

You aren’t alone if you wonder how workers’ compensation works.

Workers’ compensation is insurance that provides wage and medical benefits to people who have become ill or injured while at work. How far this coverage goes depends on New York state law.

If your injury or illness is eligible for compensation, the insurance carrier should help ease the financial burden.

Learn some of the basic principles of New York workers’ compensation insurance and how the process works.

Workers Compensation Statistics in Buffalo, New York?

If you live and work in Buffalo, NY, you need to understand the local dynamics regarding occupational hazards. In 2019, prison and healthcare workers suffered the highest rate of injuries, according to New York’s Department of Labor. The U.S. Bureau of Labor Statistics reported over 140,000 nonfatal workplace incidents, so this problem hits home for all New Yorkers. The New York Compensation Insurance Rating Board says that western counties lost over 18,500 work hours due to injuries.

How Does Workers Comp Work in Buffalo, New York?

There is a standard practice to follow when going through the New York workers’ compensation process.

The circumstances surrounding the incident that led to the injury are crucial. The injury had to occur during your regular work duties.

Any employer in Buffalo, NY must carry workers’ compensation insurance to comply with state law. Some exemptions do exist for volunteers, independent contractors, and religious employees. Unless special circumstances apply, your employer will have coverage. The largest bi-weekly payment changes annually based on a Commissioner’s report, but the state will pay out up to ⅔ of your average salary. You also have the right to medical coverage, mileage, and compensation for lost wages.

For example, say your supervisor asked you to drop something off on your lunch break. While running this errand you then get in a car accident on your way to the destination. Any resulting injury is eligible for workers’ compensation. However, if you are on your lunch break, performing no such task when you get in an accident, it does not qualify for a claim.

The steps you take immediately following a workplace incident in New York are critical for filing a claim. Follow the following steps to preserve your rights and learn how workers comp works.

Get Medical Attention

When you’re injured or feeling unwell, the first thing you should do is see a doctor right away. Don’t delay in getting help from a qualified healthcare provider. Waiting too long can harm your health and could cause you to miss important deadlines.

Even if you think your injury is minor, it’s crucial to get a thorough medical report that outlines the extent of the injury and how it happened. This step is essential for the workers’ compensation claim process. Without it, your employer won’t be able to file a claim with their insurance provider.

You may have regular checkups and testing for weeks or months before a doctor finally connects your illness with your job. Your medical records will become the foundation from which the workers’ comp carrier will launch its investigation.

Generally, your doctor determines if the illness happened because of your work conditions or became aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.

File a First Report of Injury

Once you have a medical diagnosis relating your illness or injury to your job, you must file a claim with your employer.

If you work in Buffalo, NY, and discover a job-related illness or injury, you have two years to apply for workers’ compensation. After you find out something is wrong, find medical help right away. You only have ten days to report the incident to your employer and file a claim with the New York Workers’ Compensation Board. Your employer must contact their insurance company and send their information to the state. It’s not wise to delay during any stage of the process. Otherwise, your application for benefits may result in a denial.

Timeline and Other Information

The time between application and receiving benefits depends on your particular case. Businesses in Buffalo have ten days to submit an Employer’s Report of Work-Related Injury/Illness to the Workers’ Compensation Board. After that, you will receive a Statement of Rights that includes details about pharmacy networks and diagnostics. An insurer also has eighteen days from the start of your disability to file a notice of controversy if they choose to do so.

Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about the incident and any possible witnesses to the event. In the meantime, the workers’ comp insurer may begin paying medical benefits while the investigation into your claim continues.

Why You Should Hire a Buffalo, New York Workers’ Compensation Lawyer

While workers’ compensation claims may be straightforward for some cases in Buffalo, New York, in others, it may be more difficult. For example, your employer may decide to question whether you were hurt on the clock or on your own time. It’s also common for a company to question the full extent of your injury. Hiring a Buffalo workers’ comp lawyer ensures that you have an advocate to fight for your rights as a victim.

Work With an Experienced Local Lawyer In Buffalo, New York

If you are hurt or contract an illness as a result of your job in Buffalo, NY you need to find the right people to help. Since the workers’ compensation claims process can have pitfalls, you should consider getting a local attorney who knows how to avoid them. 

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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