Workplace Accident Attorney
Buffalo's Workplace Accident Attorney
If you’ve been injured at work, The Law Office of Luke Brown, LLC can help you navigate the complex workers’ compensation process and secure the benefits you deserve. Luke Brown will guide you through what to expect as your workplace accident attorney and how he can assist you in your claim.
What's Important To Understand in Workplace Accidents
- The Law Office of Luke Brown, LLC specializes in workers’ compensation and Social Security disability claims, providing over 15 years of experience and dedicated legal support to injured workers in Buffalo, NY.
- Common causes of workplace accidents include slips, trips, falls, machinery accidents, and exposure to harmful substances. Recognizing these risks and understanding types of injuries like repetitive stress injuries, carpal tunnel syndrome, and fractures can aid in navigating the compensation process.
- Hiring me as your workplace accident attorney can help in navigating the complex workers’ compensation process, from filing claims to representation in hearings, and negotiating settlements, ensuring injured workers receive fair compensation and necessary support.
Buffalo's Trusted Workplace Accident Attorney
Operating since 2011, Luke Brown’s law firm focuses on workers’ compensation and Social Security disability claims, ensuring that injured workers receive the benefits they deserve. The firm’s intimate knowledge of worksites, workplace machinery, and on-the-job activities underscores their commitment to workplace safety and workers’ rights. With a dedicated legal team, they guide injured workers through the various aspects of obtaining legal assistance, from filing claims to representing clients in hearings.
SOCIAL SECURITY ATTORNEY IN NORTH TONAWANDA, NY
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Call (716) 321-2727 for a free and confidential consultation with an experienced attorney at
The Law Office of Luke Brown, LLC.
PAST RESULTS
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Motor Vehicle Accident $625,000
A 31 year old Buffalo woman suffered serious neck and back injuries requiring lifelong medical treatment when she was rear-ended while at a stop sign.
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Construction Worker Injury $500,000
A 46 year old construction worker sustained serious injury when he fell approximately fifteen (15) feet from a roof.
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Motor Vehicle Accident $425,000
A North Tonawanda man, a passenger in a pickup truck, was injured when a SUV attempted to illegally pass the truck, causing a high-speed collision.
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Motor Vehicle Accident $300,000
A 39 year old Niagara Falls woman suffered debilitating spinal injuries after being t-boned by a car that failed to stop at a red light.
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Pedestrian Struck by Motor Vehicle $250,000
A North Tonawanda woman was seriously injured when she was struck by an inattentive driver while crossing the street.
(Past outcomes do not guarantee future results)
Understanding Injuries On The Job
Workplace injuries can be life-altering, affecting not only your physical health but also your financial stability and overall well-being. Knowing the types of injuries and common causes of workplace accidents can help safeguard your rights and secure the compensation you rightfully deserve. Luke Brown’s extensive experience in protecting the rights of injured workers equips him with the knowledge to guide you through the complexities of workplace injury claims.
From slips, trips, and falls to machinery accidents and exposure to harmful substances, workplace accidents can happen in various ways. Recognizing the different types of injuries that may qualify for workers’ compensation, including repetitive stress injuries, carpal tunnel syndrome, and fractures, is vital. By understanding these aspects, you can better navigate the workers’ compensation process and secure the benefits you’re entitled to.
Common Causes of Workplace Accidents
Workplace accidents commonly occur due to a variety of reasons, each posing significant risks to workers. Slips, trips, and falls are frequent causes, often resulting from uneven surfaces, spills, or clutter in the workplace. These seemingly minor incidents can lead to severe injuries, including fractures and head trauma, which may require extensive medical treatment and time off work.
Machinery accidents are another prevalent cause of workplace injuries, especially in industrial settings. These accidents can result in catastrophic injuries, such as amputations or severe lacerations, necessitating long-term medical care and rehabilitation. Additionally, exposure to harmful substances, whether chemicals or hazardous materials, can lead to occupational illnesses that significantly impact a worker’s health and ability to perform their job duties.
Types of Workplace Injuries
Workplace injuries can vary widely, but some of the most common types include repetitive stress injuries, carpal tunnel syndrome, and fractures. Repetitive stress injuries result from performing the same motion repeatedly, such as typing or using tools, leading to conditions like tendinitis or bursitis. These injuries can cause chronic pain and require ongoing medical treatment, impacting the worker’s ability to perform their job.
Carpal tunnel syndrome is a specific type of repetitive stress injury that affects the wrist and hand, often seen in jobs involving frequent typing. This condition can cause numbness, tingling, and weakness in the hand, making it challenging to carry out daily tasks.
Fractures, on the other hand, can occur from falls, machinery accidents, or other workplace incidents, requiring extensive medical treatment and rehabilitation. Understanding these types of injuries helps in recognizing the need for appropriate medical care and pursuing compensation through a workers’ compensation claim.
GET THE JUSTICE, COMPENSATION & CLOSURE YOU DESERVE
Role of a Workplace Accident Attorney
Navigating the workers’ compensation process can be daunting, especially when dealing with the physical and emotional aftermath of a workplace injury. A workplace accident attorney significantly contributes to securing the appropriate compensation for injured workers. From comprehensive case evaluations to filing claims and gathering evidence, I will provide invaluable support throughout the entire process.
Hiring me as your workers’ compensation attorney can help you in the following ways:- Navigate the complex system and address disputes regarding medical bills or benefit amounts
- Provide representation in hearings
- Negotiate settlements with insurance companies
- Ensure that you receive fair compensation for your injuries and losses
Filing a Workers' Compensation Claim
Filing a workers’ compensation claim involves submitting the necessary paperwork to the workers’ compensation board, ensuring that all details are accurately completed and submitted on time. An essential part of this process is the Employee Claim (Form C-3), which must be filed within two years of the accident to maintain eligibility for benefits. Proper documentation is crucial for a successful claim, and I will ensure that all necessary forms are correctly filled out and submitted within the required deadlines.
In addition to the C-3 form, other documentation, such as medical records and witness statements, may be required to support your claim. As an experienced workers’ compensation attorney, I will gather and organize this evidence, helping to build a strong case for receiving workers’ compensation benefits. This thorough preparation is vital in securing the benefits you deserve and avoiding potential delays or denials in the claims process.
Representation in Hearings
Having legal representation during workers’ compensation hearings is crucial for presenting a compelling case and securing the benefits you deserve. During these hearings, I will:
Present evidence
Question witnesses
Address any disputes raised by the insurance company or employer
Help clarify complex legal and medical terminology, ensuring that your case is accurately and effectively communicated.
If the insurance company or employer disputes your claim, cash benefits will not be paid until the case is heard by a workers’ compensation law judge. This process is essential for settling any disputes regarding the claim. I will advocate for your rights, providing the necessary legal expertise to navigate the hearing process and increase your chances of a favorable outcome.
Negotiating Settlements
Negotiating settlements with insurance companies and opposing counsel is a critical aspect of a workplace accident attorney’s role. My goal is to:
- Reach a fair settlement that adequately compensates for your injuries and losses
- Avoid the need for a trial
- Secure favorable settlements through negotiation skills and knowledge of the law
- Avoid the lengthy and stressful process of going to court
Schedule a free consultation
call (716) 321-2727
Benefits You Can Receive
Workers’ compensation benefits, which are covered by workers compensation insurance, are designed to provide financial support and medical care to injured workers. These benefits include medical care, wage replacement, and disability benefits, depending on the extent of the injury and the worker’s ability to return to work. Knowing the different types of benefits available can assist you in navigating the claims process and securing the compensation you’re entitled to.
Medical benefits cover all necessary medical care related to the work injury, including:- Surgeries
- Rehabilitation
- Medications
- Out-of-pocket expenses
Cash benefits provide financial compensation for lost income, calculated based on a percentage of the worker’s wages and the extent of their disability.
Disability benefits, categorized into total or partial disability, offer varying compensation amounts and durations depending on the injury and ability to work. By understanding these benefits, you can better manage your recovery and financial stability after a workplace accident. I can help you determine the full extent of benefits you are entitled to, ensuring that you receive:- The medical care you need to recover
- Financial support to cover lost wages and expenses
- Rehabilitation services to aid in your recovery
- Vocational training if you are unable to return to your previous job
Medical Benefits
Medical benefits under workers’ compensation cover all necessary medical care related to the work injury or illness. This includes:
- Surgeries
- Rehabilitation
- Medications
- Out-of-pocket expenses
Cash Benefits
Cash benefits are an essential component of workers’ compensation, providing financial compensation for lost income due to a workplace injury. These benefits are calculated based on a percentage of the worker’s wages and the extent of their disability. In Buffalo, NY, cash benefits are determined based on 2/3 of the worker’s average weekly wage, up to the maximum rate. The amount varies depending on the individual’s earnings.
A reduced earnings benefit might be available if the injured worker returns to work in a different position with a lower salary after the injury. Additionally, under schedule loss of use, the maximum number of weeks of benefits per injured body part is determined by law based on the body part injured. By understanding these calculations, you can better navigate the financial aspects of your recovery and ensure that you receive the compensation you deserve.
Disability Benefits
Disability benefits under workers’ compensation can be categorized into total or partial disability, with varying compensation amounts and durations depending on the injury and ability to work. Total disability benefits are provided to workers who are completely unable to work due to their injury, while partial disability benefits are available to those who can still perform some work but at a reduced capacity.
Non-schedule permanent disability refers to a permanent disability that involves a body part or condition not covered by a schedule loss of use award and depends on the permanent loss of ability to work. Benefits for non-schedule permanent disability can be received for a maximum number of weeks based on the inability to earn wages at the previous capacity.
Understanding these benefits helps injured workers plan for their financial future and ensures they receive the support needed for their recovery.
Schedule a free consultation
call (716) 321-2727
Steps to Take After a Workplace Accident
Taking immediate and appropriate actions following a workplace accident is vital for protecting both your health and legal rights. First and foremost, seek medical care to address any injuries, no matter how minor they may seem. This not only ensures your well-being but also creates a medical record that can be crucial for your workers’ compensation claim.
Reporting the injury to your employer promptly is also critical. Notify management and other team members about the incident to maintain eligibility for benefits and avoid potential claim denial. Additionally, documenting the incident thoroughly, including gathering evidence and witness testimonies, will support your claim and help establish a strong case for compensation.
Reporting the Injury
Promptly reporting the injury to your employer is a vital step in maintaining eligibility for workers’ compensation benefits. Injured workers should provide detailed information about the incident and the injury to management as soon as possible. This helps ensure that the employer can report the injury to the Workers’ Compensation Board within the required timeframe, typically within 10 days if the injury requires medical treatment beyond first aid or results in loss of work.
Failure to report the injury promptly can lead to a denial of the workers’ compensation claim. To avoid this, make sure to notify your employer in writing and keep a record of the communication. This documentation can serve as crucial evidence later on when applying for benefits or negotiating a settlement for your injuries.
Seeking Medical Care
Seeking immediate medical attention after a workplace injury is essential for both your health and the success of your workers’ compensation claim. Even if the injury seems minor, it is crucial to get it checked by a healthcare professional to prevent any complications and to document the injury. Within 48 hours of the accident, the treating doctor must submit a preliminary medical report (Form C-4) to the Workers’ Compensation Board.
Proper medical documentation, including detailed medical reports from healthcare providers, serves as vital evidence for your insurance claims. This documentation helps expedite the claims process and ensures that you receive the appropriate treatment and compensation for your injuries.
Documenting the Incident
Thoroughly documenting the incident and gathering evidence are critical steps in establishing a personal injury claim and supporting your workers’ compensation case. Start by documenting the accident scene, taking photographs, and noting any hazards or unsafe conditions that contributed to the incident. This evidence can be invaluable in proving your claim and holding responsible parties accountable.
Gathering witness testimonies soon after the incident is also essential to ensure accuracy. Witnesses can provide crucial information about the circumstances of the accident, which can strengthen your case. By meticulously documenting the incident and collecting evidence, you can build a solid foundation for your workers’ compensation claim and increase your chances of receiving the benefits you deserve.
WHAT CLIENTS SAY
Appealing a Denied Workers' Compensation Claim
Even if your workers’ compensation claim gets denied, don’t lose hope. Understanding the reasons for the denial and knowing how to navigate the appeals process can help you secure the benefits you are entitled to. Hiring an experienced workers’ compensation attorney like Luke Brown can significantly improve your chances of a successful appeal.
The timeframe for appealing a denied claim is typically within 30 days of the judge’s decision being filed. The appeals process often involves a hearing before an administrative law judge, where clear and consistent evidence is crucial. By working with me, you can ensure that your case is presented effectively and that all necessary documentation is in order.
Grounds for Appeal
Understanding the common reasons for claim denial is crucial to formulating a successful appeal. Claims can be denied if the injury is deemed non-work-related, such as occurring outside of work or due to a pre-existing condition. Incomplete or inaccurate documentation, such as inconsistent medical records or statements, can also result in claim denial.
Discrepancies between medical reports and the claim details can lead to the insurance company denying the claim. Additionally, being under the influence of drugs or alcohol, acting inappropriately, or misusing equipment at the time of the injury can make an individual ineligible to receive workers’ compensation benefits. By addressing these issues and providing accurate and consistent documentation, you can improve your chances of a successful appeal.
The Appeals Process
The appeals process for a denied workers’ compensation claim typically involves:
- A hearing before an administrative law judge
- Providing clear and consistent evidence, such as comprehensive medical records and witness testimonies
- Consulting with a workers’ compensation attorney to navigate this complex process and present a strong case.
Third-Party Liability in Workplace Accidents
In some cases, workplace accidents may involve third-party liability, allowing injured workers to claim compensation from parties other than their employer. This can provide additional financial compensation for injuries caused by another party’s negligence. Third-party claims can include compensation for pain and suffering, emotional distress, and punitive damages.
Identifying third parties responsible for workplace injuries is an important step in pursuing a personal injury lawsuit. Contractors, manufacturers of defective equipment, and property owners are common examples of third parties that may be held liable for workplace injuries. By filing a personal injury lawsuit, you can seek compensation for damages beyond what is covered by workers’ compensation benefits.
Identifying Third Parties
Identifying third parties responsible for workplace injuries involves determining which companies or individuals, other than your employer, contributed to the accident. This can include contractors and subcontractors whose negligence led to the injury. Manufacturers may also be liable if defective equipment caused the accident.
Property owners can be held responsible for unsafe conditions that result in workplace injuries. By identifying these third parties, you can pursue additional compensation through a personal injury lawsuit, ensuring that all responsible parties are held accountable for their negligence.
Filing a Personal Injury Lawsuit
Filing a personal injury lawsuit against a third party requires proving their negligence and establishing a direct link between their actions and your injury. This involves gathering evidence, such as accident reports, medical records, and witness testimonies, to support your claim. I can help you navigate this process and build a strong case.
By pursuing a personal injury lawsuit, you can seek compensation for damages that are not covered by workers’ compensation benefits, such as pain and suffering, emotional distress, and punitive damages. This additional financial compensation can help you recover from your injuries and move forward with your life.
Protecting Your Job Security
For many injured workers, job security after a workplace accident is a crucial concern. Fortunately, legal protections are in place to prevent discrimination and retaliation against employees who file workers’ compensation claims. Understanding these protections can help you safeguard your employment rights and ensure a smooth transition back to work.
The New York State Human Rights Law and Labor Law Section 215 prohibit employers from retaliating against employees for filing a workers’ compensation claim. These laws ensure that injured workers are protected from discriminatory practices, such as termination, demotion, or reduced work hours. By being aware of your legal rights, you can take action if you face any form of retaliation after a workplace injury.
Legal Protections
Under New York state law, employers cannot retaliate against employees for claiming their rights, including filing for workers’ compensation. Retaliatory actions, such as termination, demotion, or reducing work hours, are illegal and can be challenged through legal channels. If you experience any form of retaliation, it is important to document the actions and consult with an attorney to protect your legal rights.
New York Labor Law Section 215 specifically protects employees from retaliation for filing a workers’ compensation claim. By understanding these legal protections, you can ensure that your job security is maintained while you recover from your workplace injury.
What to Do If Fired
If you are fired after a workplace injury, it is crucial to:
Document all communications and reasons given for your termination
This documentation can serve as evidence if you need to challenge the termination or file a wrongful termination claim
Consulting with an experienced attorney can help you understand your rights and options, and take the necessary steps to protect your job security.
Filing a workers’ compensation claim should not affect your job security, especially if you are not part of a collective bargaining agreement. However, if you lose your job while on workers’ compensation, you may be eligible for unemployment or Social Security Disability benefits. I can guide you through this process and ensure that you receive the support you need during your recovery.
Communication and Personality
Maintaining good communication and providing frequent updates are key to a successful attorney-client relationship. An experienced injury lawyer like Luke Brown prides himself on open and honest communication, ensuring that clients are well-informed and confident in their legal representation. By listening to your concerns and explaining the legal process in an understandable way, he can provide the support and guidance needed for a successful outcome.
You are entitled to receive compensation for what is rightfully yours, and that is the primary goal of a dedicated injury lawyer. By maintaining clear communication and a strong attorney-client relationship, you can navigate the complexities of your case with confidence and achieve the best possible results.
Schedule a free consultation
call (716) 321-2727
Summary
Navigating the aftermath of a workplace accident can be overwhelming, but understanding your rights and the legal assistance available can make a significant difference. From identifying common causes and types of workplace injuries to knowing the role of a trusted attorney like myself who understands the workers’ compensation process. I am committed to ensuring that injured workers receive the benefits they deserve and are protected from discrimination and retaliation.
By taking the appropriate steps after an accident, such as seeking medical care, reporting the injury, and documenting the incident, you can build a strong case for compensation. If your claim is denied, understanding the grounds for appeal and navigating the appeals process with the help of my law firm can increase your chances of success. Additionally, exploring third-party liability and protecting your job security are crucial aspects of ensuring a smooth recovery and a stable future. Remember, you do not have to navigate this journey alone; with my legal support, you can secure the compensation and benefits you deserve.
Frequently Asked Questions
If your workers’ compensation claim is denied, you can appeal the decision by understanding the grounds for denial and seeking help from an experienced attorney to navigate the appeals process. This can increase your chances of success.
