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Injured Workers, Disabled Individuals and Accident Victims For Over 50 Years | 286 Genesee St, Utica NY 13502
Worker's Compensation
WORKERS' COMPENSATION ATTORNEYS SERVING CENTRAL NEW YORK
We provide the quality legal representation
you need in your case.
Experienced Attorney
In court, you will have a veteran lawyer beside you to argue in support of your case, to cross-examine the carrier's doctor testifying against you and to question other witnesses in your case.
Smart Legal Advice
We will give you reliable legal advise to permit you to make the right decisions in your case.
Client Advocacy & Customer Service
When you call our office with problems in your case, you will have a dedicated advocate on your side. We strive to respond to every telephone call with appropriate action and provide the best customer service possible.
Hearing Preparation
When your case is scheduled for a hearing, we will take all the steps needed to make sure you are prepared including reviewing your file, forwarding letters to your doctors to obtain the current medical records which will be needed for the hearing, advising you of what you need to do for the hearing and conferencing your case with the adversary to determine what plan of attack will be used against you.
Administrative Action Dangers
Administrative decisions (known as Proposed Decisions) are frequently issued by the NYS Workers' Compensation Board without a hearing which will become final and binding after a short period of time. We check all such decisions issued in your case and, if necessary to protect your interests, file timely objections to these decisions so they will be cancelled with a hearing scheduled to address the issue in the decision.
Introduction to the Workers' Compensation Law
Workers' compensation is insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job.
Employers pay for this insurance, and shall not require the employee to contribute to the cost of compensation. Weekly cash benefits and medical care are paid by the employer's insurance carrier, as directed by the Workers' Compensation Board. The Workers' Compensation Board is a state agency that processes the claims. If Board intervention is necessary, it will determine whether that insurer will reimburse for cash benefits and/or medical care, and the amounts payable.
In a workers' compensation case, no one party is determined to be at fault. The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer's fault. However, a worker loses his/her right to workers' compensation if the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else.
A claim is paid if the employer or insurance carrier agrees that the injury or illness is work-related. If the employer or insurance carrier disputes the claim, no cash benefits are paid until the workers' compensation law judge decides who is right. If a worker is not receiving benefits because the employer or insurance carrier is arguing that the injury is not job-related, he or she may be eligible for disability benefits in the meantime. Any payments made under the Disability Program, however, will be subtracted from future workers' compensation awards.
If you can return to work but your injury prevents you from earning the same wages you once did, you may be entitled to a benefit that will make up two-thirds of the difference. You may also return to work in light or alternate duty before you are fully healed.
Employers pay for this insurance, and shall not require the employee to contribute to the cost of compensation. Weekly cash benefits and medical care are paid by the employer's insurance carrier, as directed by the Workers' Compensation Board. The Workers' Compensation Board is a state agency that processes the claims. If Board intervention is necessary, it will determine whether that insurer will reimburse for cash benefits and/or medical care, and the amounts payable.
In a workers' compensation case, no one party is determined to be at fault. The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer's fault. However, a worker loses his/her right to workers' compensation if the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else.
A claim is paid if the employer or insurance carrier agrees that the injury or illness is work-related. If the employer or insurance carrier disputes the claim, no cash benefits are paid until the workers' compensation law judge decides who is right. If a worker is not receiving benefits because the employer or insurance carrier is arguing that the injury is not job-related, he or she may be eligible for disability benefits in the meantime. Any payments made under the Disability Program, however, will be subtracted from future workers' compensation awards.
If you can return to work but your injury prevents you from earning the same wages you once did, you may be entitled to a benefit that will make up two-thirds of the difference. You may also return to work in light or alternate duty before you are fully healed.
What To Do If You Are Injured On The Job
If you are injured on the job, you must follow these simple steps:
OBTAIN first aid or other necessary medical treatment as soon as possible. The treating health care provider must be authorized by the Workers' Compensation Board, except in an emergency situation. You can find out more information about authorized providers and locate authorized providers in the Injured Workers or Health Care Providers sections of this website or by calling 1-800-781-2362. If your employer has been authorized to participate in a Preferred Provider Organization(PPO) or Alternate Dispute Resolution (ADR) program, you may be required to obtain medical treatment from a participating health care provider. Participating employers are required to notify their employees, in writing, of all information pertaining to a PPO or ADR program. Also, if you are in need of diagnostic tests or prescription medicine, your employer or your workers' compensation insurance carrier may require you to obtain your tests or your medicine from a diagnostic network or designated pharmacies or a network of pharmacies they have contracted with. It is required that you receive written notice if you are required to utilize a diagnostic network or designated pharmacies or a network of pharmacies.
The cost of necessary medical services is paid by your employer or your employer's insurance carrier, if the case is not disputed. Health care providers may request that injured workers sign form A-9. This form is meant to provide notice to the injured worker that he or she may be responsible to pay the medical bills if the Workers' Compensation Board disallows the claim or the injured worker does not pursue the claim.
NOTIFY your supervisor about the injury and the way in which it occurred, as soon as possible. An injured employee who fails to inform his or her employer, in writing, within 30 days after the date of the accident causing the injury, may lose the right to workers' compensation benefits. In the case of occupational disease, notification should be given within two years after disablement, or within two years after the claimant knew or should have known that the disease was work-related, whichever is later).
COMPLETE a claim for workers' compensation on Form C-3 and mail it to the nearest office of the Workers' Compensation Board, if there is lost-time. If a claim is not filed within two years from the date of the injury or disablement from an occupational disease, (or after disablement and after you knew, or should have known that the disease was work-related), you may lose your right to benefits.
THEREAFTER. . . .
Follow doctor's instructions to speed full recovery.
Attend an Independent Medical Examination if you are required to do so.
Go back to work as soon as you are able.
Attend such hearings as may be held in the case, when you are notified to appear.
OBTAIN first aid or other necessary medical treatment as soon as possible. The treating health care provider must be authorized by the Workers' Compensation Board, except in an emergency situation. You can find out more information about authorized providers and locate authorized providers in the Injured Workers or Health Care Providers sections of this website or by calling 1-800-781-2362. If your employer has been authorized to participate in a Preferred Provider Organization(PPO) or Alternate Dispute Resolution (ADR) program, you may be required to obtain medical treatment from a participating health care provider. Participating employers are required to notify their employees, in writing, of all information pertaining to a PPO or ADR program. Also, if you are in need of diagnostic tests or prescription medicine, your employer or your workers' compensation insurance carrier may require you to obtain your tests or your medicine from a diagnostic network or designated pharmacies or a network of pharmacies they have contracted with. It is required that you receive written notice if you are required to utilize a diagnostic network or designated pharmacies or a network of pharmacies.
The cost of necessary medical services is paid by your employer or your employer's insurance carrier, if the case is not disputed. Health care providers may request that injured workers sign form A-9. This form is meant to provide notice to the injured worker that he or she may be responsible to pay the medical bills if the Workers' Compensation Board disallows the claim or the injured worker does not pursue the claim.
NOTIFY your supervisor about the injury and the way in which it occurred, as soon as possible. An injured employee who fails to inform his or her employer, in writing, within 30 days after the date of the accident causing the injury, may lose the right to workers' compensation benefits. In the case of occupational disease, notification should be given within two years after disablement, or within two years after the claimant knew or should have known that the disease was work-related, whichever is later).
COMPLETE a claim for workers' compensation on Form C-3 and mail it to the nearest office of the Workers' Compensation Board, if there is lost-time. If a claim is not filed within two years from the date of the injury or disablement from an occupational disease, (or after disablement and after you knew, or should have known that the disease was work-related), you may lose your right to benefits.
THEREAFTER. . . .
Follow doctor's instructions to speed full recovery.
Attend an Independent Medical Examination if you are required to do so.
Go back to work as soon as you are able.
Attend such hearings as may be held in the case, when you are notified to appear.
Workers' Compensation Benefits
Cash Benefits
Cash benefits are not paid for the first seven days of the disability, unless it extends beyond fourteen days. In that case, the worker may receive cash benefits from the first work day off the job. Necessary medical care is provided no matter how short or how long the length of the disability.
Claimants who are totally or partially disabled and unable to work for more than seven days receive cash benefits. The amount that a worker receives is based on his/her average weekly wage for the previous year. The following formula is used to calculate benefits:
2/3 x average weekly wage x % of disability = weekly benefit
Therefore, a claimant who was earning $400 per week and is totally (100%) disabled would receive $266.67 per week. A partially disabled claimant (50%) would receive $133.34 per week. The weekly benefit cannot exceed the following maximums, however, which are based on the date of accident:
If you can return to work but your injury prevents you from earning the same wages you once did, you may be entitled to a benefit that will make up two-thirds of the difference.
Cash benefits are not paid for the first seven days of the disability, unless it extends beyond fourteen days. In that case, the worker may receive cash benefits from the first work day off the job. Necessary medical care is provided no matter how short or how long the length of the disability.
Claimants who are totally or partially disabled and unable to work for more than seven days receive cash benefits. The amount that a worker receives is based on his/her average weekly wage for the previous year. The following formula is used to calculate benefits:
2/3 x average weekly wage x % of disability = weekly benefit
Therefore, a claimant who was earning $400 per week and is totally (100%) disabled would receive $266.67 per week. A partially disabled claimant (50%) would receive $133.34 per week. The weekly benefit cannot exceed the following maximums, however, which are based on the date of accident:
If you can return to work but your injury prevents you from earning the same wages you once did, you may be entitled to a benefit that will make up two-thirds of the difference.