Injuries on the Job
Work Injury Attorney in Rochester NY
If you are injured at work, ordinarily you are entitled to benefits through the Workers' Compensation Board. It is vitally important to determine as early as possible if you are entitled to recover money damages in addition to Comp benefits. These "third-party claims" provide substantially more money for the injured for damages that are not covered by Workers' Comp, particularly pain and suffering.
If you are seriously injured at work, you should always be represented before the Comp Board by a qualified attorney in your Comp claim who works exclusively in the Workers' Comp area. You should not represent yourself in a serious Comp claim. The insurance company will have its own attorney opposing your claim at the Comp Board, and you should be represented also, or you risk losing full benefits. It is not often easy to find the right Comp attorney. As part of my practice in representing accident victims in lawsuits, I arrange for representation in their Workers' Comp case and work closely with those Comp attorneys. Unless your Comp attorney works closely with the attorney handling your third-party claim, your rights to recovery in either case may be limited. Lack of coordination between the Comp claim and the third-party claim can have devastating consequences for the injured.
As with all legal claims, you have strict time limitations for on-the-job injuries. The longer you wait to retain an attorney, the more difficult your case becomes.