Free Consultation Workers Comp Lawyer – At Hurwitz, Whitcher & Molloy, LLP, New Yorkers’ trusted Buffalo workers’ compensation attorney, we talk with injured workers about how to file a claim and make sure they get the benefits they’re entitled to. A workplace injury is an incident that should be taken seriously, and employees should not hesitate to report the incident in addition to making a formal report. If you don’t report what happened right away, it could jeopardize your ability to get workers’ compensation payments approved.
As a workers’ compensation attorney in Buffalo, New York Trust employees can be stressful while consulting over the phone, it is important to file an accident report for your injuries sooner rather than later. Actually, that day would be perfect. Your employer can then refer you to a designated doctor for an exam and treatment plan. This should be covered by your employer, not out of your own pocket.
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Some states may require written notice of an accident to the employer, while others may allow verbal notice. If you reported the incident in writing, ask your employer for a copy and share it with us at Hurwitz, Whitcher & Molloy, LLP so we can get as much information as possible.
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After receiving treatment from your doctor, it is very important to follow their recommendations. For example, if your doctor restricts you to only desk duties and not lifting more than 25 pounds, then you cannot violate these guidelines. If so, the employer may try to eliminate or reduce your benefits by claiming that you were not injured as you originally stated.
Unfortunately, a Buffalo workers’ compensation attorney with trusted New York clients has seen that an injured worker can be treated differently due to an employer’s use of workers’ compensation and workers’ compensation benefits. If you suspect that your employer has retaliated against you, harassed you, or otherwise mistreated you in the workplace, it’s time to speak with a Buffalo, NY workers’ compensation attorney about your breach of trust in quality legal services. Here are some other signs of revenge:
If you have been injured on the job, it is important that you have a Buffalo, NY workers compensation attorney. However, with so many different lawyers out there, how do you choose the right one? Here are the qualities to look for:
If you want to dispute a denied workers’ compensation claim, you should speak to a trusted member of our team. As you’re dealing with pain from on-the-job injuries and wondering how you’re going to pay your medical bills, you don’t have to worry about your workers’ compensation claim being denied. This type of scenario occurs to many people who have been injured on the job and especially without legal representation, who don’t think it’s worth fighting to have the claims denied. Our Buffalo, New York workers’ compensation attorney believes it’s worth fighting for, however, and we want to help you when your claim is denied.
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A common question from clients is when workers offer settlement. The answer depends on a variety of factors. Injuries and illnesses sustained on the job often qualify the worker for workers’ compensation. If this particular worker has a previous injury or illness, can they receive compensation for a pre-existing condition?
Just looking at a pre-existing condition does not require the worker to receive workers’ compensation. If the employee receives medical benefits as part of the job, he or she can use that coverage to pay for expenses related to the pre-existing condition, but filing does not require workers’ compensation.
If an employee has a pre-existing condition that complicates their job duties, compensation may be charged to cover any additional medical costs. For example, if someone has been dealing with back problems for years and lifting heavy boxes at work worsens the problem, new medical expenses or increased prescriptions may be covered by workers’ and workers’ compensation.
Another common question is when workers comp will cover pre-existing conditions. Sometimes a worker experiences a pre-existing condition, suffers a new injury or illness, and seeks to pay for his or her existing condition through workers’ compensation for the new condition. The system doesn’t work that way, and if that happens, the employee could be in trouble. That’s why it’s important to speak with a Buffalo, NY workers’ compensation attorney for your individual situation.
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For example, an employee may have suffered a brain injury while on the job. Another injury, such as a broken leg, occurred during work. An employee may claim that the TBI and broken leg resulted from a workplace accident. As soon as the insurance company discovers the truth, the claim may be completely dismissed. Had the employee handled the situation properly, he could have still received compensation for his broken leg. Hurwitz, Witcher & Molloy understands that an injury can have a major impact on your work life, which is why our firm works hard to get you the compensation you deserve.
Workplace accidents vary in severity, but one thing remains the same, and that is that most workers are entitled to workers’ compensation when they are injured on the job. If you have an injury or illness from a previous accident, you may be able to claim compensation for worsening conditions. If a worker suffers a personal injury, that personal injury will often qualify for individual compensation. When you are injured on the job, talking to a lawyer can help you understand your rights. Contact a Buffalo, NY workers compensation attorney today so they can tell you when workers compensation offers to settle.
According to the U.S. Bureau of Labor Statistics, “90,100 of the 129,000 personal industrial injuries and illnesses reported in New York City were of a serious nature, including weekend, shift or work restrictions, commonly known as DARTs. cases”.
The current opioid addiction and overdose epidemic has generated some buzz over the past few years, with some states seeing an increase in deaths and others seeing a decline only to later recover. Unfortunately, New York’s workers’ compensation situation makes it very easy for doctors to overprescribe opioid pain relievers. As a workers’ compensation attorney in Buffalo, New York, he knows that injured workers are prescribed powerful and addictive pain medications when they don’t need them. Or these opioids are over-prescribed over a long period of time, eventually leading to addiction and overdose.
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Like Buffalo, a New York State workers’ compensation attorney can explain that it is legal in New York State for a doctor to prescribe opioid pain medications to patients and then sell them for a large profit. Studies have shown that this type of referral more than triples the number of medications prescribed by doctors. Repackaging allows these doctors to sell these drugs at 60-300 percent higher than pharmacies.
Opioids are usually cheap, short-term solutions to complex and expensive problems. Because a workers’ compensation carrier won’t agree to pay for surgery, physical therapy, or other expensive solutions, an injured worker may be left with only the option of treating their pain, not the underlying problem. However, this oversight has led to financial difficulties for insurance companies.
One study found that workers who received prescription opioids spent an average of 85 percent longer off the job. Similar results were found across the country. Workers’ compensation insurance carriers spend an average of $1.4 billion annually on opioid prescriptions, and studies show that patients treated with high doses of opioid painkillers spend three times longer off work than those given lower doses for similar injuries. . This extra time away from work increases the cost of insurance premiums, harming workers, employers and society.
According to the New York State Board of Workers’ Compensation, New York has had a no-fault workers’ compensation system for nearly a century. The workers’ compensation system guarantees weekly cash benefits and medical care is paid by the employer’s insurance carrier under the direction of the workers’ compensation board. The employer pays for this insurance and cannot require the employee to contribute to the cost of the compensation. 2 horrific events have led to the workers compensation system in New York and across the country.
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If you are injured at work, you may need to take significant time off work. However, once you have recovered and are feeling well, you may be allowed to return to work. Here are some tips that a Buffalo, New York, workers’ compensation attorney can offer on returning to work after an injury.
When a qualified person is injured or ill at work
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