Workers’ Compensation Attorneys in Buffalo, NY
When you are injured on the job, you need an experienced team fighting for your medical benefits, your lost wages, and your rights. Lipsitz Green Scime Cambria has one of largest groups of workers’ compensation attorneys and representatives in Buffalo, NY, and the Western New York region, and we can help you.
50 years of standing for workers’ rights
The Lipsitz Green workers’ compensation team has a long and rich history of successfully battling for injured workers. Our attorneys have the experience, know-how, loyalty, and heart to guide you through the complex workers’ comp and Social Security disability systems, helping you avoid missteps and getting you all the benefits you’re entitled to.
The firm represents the Western New York Workers’ Compensation Coalition and handles workers’ compensation matters for many prominent labor organizations. Since our founding 50 years ago, the firm has stood by by the sides of injured workers until they can stand on their own.
Others may have liability for your injuries
In addition to dealing with the complicated workers’ comp system, Lipsitz Green’s personal injury lawyers have extensive experience determining whether there are parties who can be sued to help compensate a worker for injuries. The firm’s has one of the region’s most respected personal injury legal teams, and we know how to fight and win for workers in the courtroom.
Contact Lipsitz Green Scime Cambria today to guide you through the workers’ compensation process and help ensure you get all the benefits you are owed.
Workers’ Compensation FAQ
Below is a list of frequently asked questions about workers’ compensation. Click on the question to view its answer.
What happens if an employer controverts your claim?
You will receive a notice from the Workers’ Compensation Board letting you know that your employer is not accepting your claim. You should contact an attorney as your employer or the insurance company will have attorneys working to deny your claim.
What expenses are covered?
The cost of necessary medical services is paid by the employer or the employer’s insurance carrier. The doctor may not collect a fee from the patient. When appropriate, claimants will be awarded reimbursement for automobile mileage to and from a health care provider’s office.
Are cash benefits covered?
Cash benefits are available for workers if the lost time is more than seven days. The benefits can be up to 2/3 of the workers’ average weekly wage, up to the maximum rate. Since 1992 the maximum has been capped at $400 per week. Under the new law, workers injured on or after July 1, 2007 are eligible for increasing rates as follows:
- Workers injured between July 1, 2007-June 30, 2008: Maximum rate – $500
- Workers injured between July 1, 2008-June 30, 2009: Maximum rate – $550
- Workers injured between July 1, 2009-June 30, 2010: Maximum rate – $600
For workers injured on and after July 1, 2010, the maximum rate is 2/3 of the new York State average weekly wage, to be set by the Workers’ Compensation Board, and that rate will be indexed to the NY State AWW every July 1.
- July 1, 2010: Maximum rate is $739.83
- July 1, 2011: Maximum rate is $772.96
- July 1, 2012: Maximum rate is $792.07
- July 1, 2013: Maximum rate is $803.21
Are Social Security Benefits available?
A worker who suffers from a serious disability, which may last 12 months or more, may be entitled to monthly Social Security Disability benefits. For additional information about these Federal Disability Insurance Benefits, you can contact us at our office.
Do you have the right to sue anyone for your injuries?
Depending on the circumstances of your accident, you may have the right to sue “third parties”. Third parties are companies or individuals, other than a coworker or employer, who are legally responsible for the injury. Examples of third parties include:
- Owners and general contractors of property where construction work is being performed
- Operators or owners of motor vehicles involved in an accident
- Owners who fail to properly construct or maintain their property causing injury to workers who slip and fall or are otherwise injured while on the property
- Manufacturers of products that are defectively designed, defectively constructed, or which do not contain proper warnings
- Maintenance companies which have not properly maintained machines or property;
- and countless others whose actions or failure to act cause injury to a worker.
Are there deadlines to sue someone for your injuries?
There are specific time deadlines to bring legal action against third parties. Some are as short as 90 days. If you are injured, call an attorney immediately so all of your rights are protected.
Lipsitz Green Scime Cambria will fight guideline limits on your chiropractor treatments.
Prescription Coverage Denial
Lipsitz Green Scime Cambria works quickly to reinstate your insurance coverage of prescriptions after a sudden denial of coverage.
Labor Market Attachment
Lipsitz Green Scime Cambria will provide you guidance on maintaining labor market attachment to help ensure you maintain your benefits.