Learned, Reilly, Learned & Hughes
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Work Related Injury

If you have been injured by a defective product or piece of equipment while on the job or if your employer has not put the safety of its employees first, we can help.

Workplace accidents can happen at any place of employment and are not limited to offices, factories, or construction sites. If your injury occurs at a job where you a responsible for driving, a workplace injury may be caused by a traffic accident.

Accidents happen, but it is the responsiblity of your employer to provide you with safe working conditions. Our attorneys have a long and successful trackrecord when it comes to cases involving workplace injury. If you were involved in a work related injury, it is essential that you seek immediate medical attention and contact us promptly to ensure that you are taking the appropriate actions that will result in a favorable outcome.

  • Construction Injury
  • Trucking Injury

If You Have Been Injured on The Job

  • Seek medical attention for your injuries
  • Immediately report the injury to your supervisor
  • Make sure your employer makes a written report of the incident
  • Collect names and contact information of any witnesses
  • Remember to take photos of the accident area and any tools or equipment which may have led to the accident
  • Write a detailed account of how the accident took place

Longterm Causes

Don't think that workplace injury cases require you to be able to identify a single incident causing your injury. Your injury may be the result of several years of exposure to a chemical or environmental factor.

Again, each case is different and it is important that you speak to a lawyer for guidance. Understand that if you speak to one of our attorneys, your first consultation is free of charge and obligation.

Timeframe

Was your injury recent or did it occur several months or even years ago? Don't assume that an injury occuring in the distant past disqualifies you from seeking legal assistance.

If you think that you may need legal representation, contact us immediately.

Workmen's Compensation Guidelines

This additional information is a helpful reference for individuals who wish to or are currently disabled under workmen's compensation laws inside of New York State. You should not act or rely on any information at this website without seeking the advice of an attorney.

Labor Market

Unless your treating physician or chiropractor indicates in writing that you are TOTALLY disabled from ALL work, you must look for work within your medical restrictions, or you may be ineligible for ANY benefits. You must be able to produce evidence of when, where, and who you contacted for work and the result of your job search if you are asked to produce by the compensation carrier.

We recommend documenting a minimum of 5 contacts per week. This requirement applies even if you have been classified as being permanently partially disabled (PPD). We suggest that you apply for unemployment benefits and have a resume available as well.

Contact our firm for further details regarding vocational rehabilitation and job agencies to assist you as well.

Medical Treatment

You are required to obtain evidence of continuing medical disability at least every 90 days unless you have been classified as being permanently partially disabled (PPD), or the insurance carrier agrees, in writing, to a different time period. Failure to produce timely medical evidence of continuing disability may likely result in the denial of benefits to you during the time when there are no medical reports of continuing disability.

Many doctors who are familiar with workers' compensation matters file timely C-4 forms (medical form) or other medical narratives which provide a degree of disability but it is often helpful to inquire if same has been filed, especially if your hearing is shortly after your last medical appointment; Obtaining your own copy and providing it to your attorney or the judge may be helpful.

Mileage

You are entitled to claim all mileage to and from any and all medical appointments (including physical therapy, chiropractic, etc.) resulting from your workers' compensation injury.

You need to document date, provider name and round trip mileage. You should also include your name and WCB number on all documentation and always keep a copy for your records in the event it is not received by the compensation carrier. You will be provided with payment based upon the mileage after being audited by the compensation carrier.