Niagara Falls Workers’ Compensation Lawyers

Lewis & Lewis P.C. has spent more than 80 years standing beside injured workers in Western New York. We step in to handle the confusing paperwork, the insurance adjusters, and the complex legal system so you can focus on healing. You do not have to fight the insurance companies by yourself.

We act as your steady advocate for the life of your claim. Whether you need help with an initial filing or representation at a complex hearing, our team stands ready to help you move forward. Contact our Niagara Falls workers’ compensation lawyers today for a free consultation.

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How Our Workers’ Comp Attorneys in Niagara Falls Can Help

The complexities of New York’s workers’ compensation system can feel overwhelming, particularly when you’re facing unexpected challenges that threaten your financial stability and recovery. 

Our Niagara Falls work injury law firm is ready to step in and fight for a fair and favorable outcome in your case, whether it involves:

• Unexpected claim denials: Insurance companies may reject your claim, arguing your injury wasn’t work-related or isn’t severe enough to qualify.
• Refusal to pay full benefits: Carriers often underpay wage replacement benefits or deny necessary medical treatments to cut costs.
• IME disputes: Insurance-appointed doctors may downplay your injuries or claim you’re fit to return to work prematurely.
• Missed or confusing deadlines: Filing errors or delays can jeopardize your ability to secure benefits.
• Employer challenges: Some employers dispute claims, suggesting your injury occurred outside of work or was pre-existing.

You shouldn’t have to struggle with denied benefits, confusing paperwork, or biased medical evaluations while trying to recover from a workplace injury. Let Lewis & Lewis P.C. fight for your rights, hold insurance companies accountable, and guide you toward the financial and medical support you need.

Determining Eligibility for Legal Help in a NY Workers’ Comp Claim

At Lewis & Lewis P.C., our Niagara Falls workers’ compensation attorneys are here to help you navigate the law and ensure you’re on the right path to securing the benefits you deserve.

Contact our Niagara Falls workers’ compensation lawyers today to explore eligibility considerations such as:

• Were you injured while performing your job duties? Even if the accident was caused by a simple mistake, you may still qualify for benefits under New York’s no-fault system.
• Are you covered from your first day of work? Most employees, including full-time, part-time, and seasonal workers, are protected by workers’ compensation laws from day one.
• Has your employer misclassified you as an independent contractor? If your employer controls your schedule, provides your tools, or directs your work, you may actually qualify as an employee under the law.
• Are you unsure about your employment status or coverage? Many workers are unaware of their rights or how to verify their eligibility for benefits.

You don’t have to figure this out on your own. Lewis & Lewis P.C. will review your employment situation, help gather the necessary evidence, and fight to ensure you’re recognized as eligible for the benefits you need.

Types of Workers’ Compensation Cases We Handle in Niagara Falls, NY

At Lewis & Lewis P.C., we’ve handled thousands of workers’ compensation cases, giving us the experience to tackle even the most complex claims. Here are some of the case types we frequently manage:

• Construction and scaffold accidents: Falls from heights, collapsing scaffolds, and equipment failures are common on construction sites. We understand the unique dangers of these environments and fight to ensure injured workers receive the benefits they’re entitled to.
• Occupational diseases: Prolonged exposure to harmful chemicals, dust, or noise can lead to serious health conditions. We help workers establish the connection between their job and their illness to secure the medical and financial support they need.
• Repetitive stress injuries: Jobs that require repetitive motions, such as typing or assembly-line work, can cause long-term damage to joints and tendons. We work to ensure these injuries are recognized and compensated.
• Hospital and healthcare worker injuries: From lifting patients to exposure to infectious diseases, healthcare workers face unique risks. We advocate for their rights to proper medical care and wage replacement benefits.
• Factory and warehouse accidents: Heavy machinery, fast-paced environments, and physically demanding tasks often lead to severe injuries. We help factory and warehouse workers navigate the claims process and fight for fair compensation.

Our NY workers’ comp lawyers in Niagara Falls don’t just understand the types of cases—we understand the people behind them. Our team is dedicated to tailoring our approach to your specific situation, ensuring your claim reflects the full scope of your injury and its impact on your life.

Types of Compensation and Benefits We Fight For

At Lewis & Lewis P.C., we fight tirelessly to ensure injured workers in Niagara Falls receive the financial and medical support they need to move forward. Here’s a breakdown of the key types of compensation and benefits we can help you pursue.

Medical Benefits Under Workers’ Compensation

Your employer’s workers’ compensation insurance is responsible for covering all reasonable and necessary medical care related to your work injury. This includes:

• Approved surgeries, physical therapy, and medications.
• Ongoing treatments for chronic or long-term injuries.
• Emergency care immediately following your accident.

If the insurance carrier denies your medical treatment, we act quickly to request hearings and fight for the care your doctor recommends.

Wage Replacement Benefits

If your injury keeps you out of work for more than seven days, you may qualify for weekly wage replacement benefits. These payments typically equal two-thirds of your average weekly wage, subject to state maximums. However, carriers often miscalculate these benefits. Our wage loss benefits attorneys in Niagara Falls:

• Audit your payroll records to ensure accurate calculations.
• Challenge any errors or underpayments by the insurance company.
• Fight to secure the maximum benefits allowed under the law.

With Lewis & Lewis on your side, you can rest assured that every detail of your wage replacement benefits will be carefully reviewed and fought for, so you can focus on your recovery without the added stress of financial uncertainty.

Schedule Loss of Use (SLU) Awards

If your injury results in a permanent loss of function in a body part—such as an arm, leg, hand, or foot—you may qualify for a Schedule Loss of Use award. This compensation is based on:

• The percentage of loss determined by medical evaluations.
• A set number of benefit weeks assigned to the affected body part.

Our attorneys negotiate with the insurance carrier to agree on a fair percentage of loss and fight for the compensation you deserve, even if you return to work.

Section 32 Settlements

In some cases, you may choose to settle your workers’ compensation claim entirely through a Section 32 agreement. This involves:

• Negotiating a lump sum payment that closes your case permanently.
• Carefully evaluating your future medical and financial needs before accepting any offer.

Our Section 32 settlement attorneys in Niagara Falls ensure you fully understand the implications of a settlement and work to secure the best possible outcome for your situation.

Third-Party Claims for Workplace Injuries

Not all workplace accidents are caused by your employer. In some cases, a third party’s negligence may be responsible for your injuries. When this happens, you may have the right to pursue a third-party personal injury claim in addition to your workers’ compensation benefits.

At Lewis & Lewis P.C., we help injured workers in Niagara Falls maximize their recovery by seeking compensation beyond what workers’ compensation allows, including damages for pain and suffering.

Here are some common examples of third-party claims:

• Negligent drivers: If you were injured in a car accident while performing your job duties, such as making deliveries or traveling between job sites.
• Unsafe construction sites: General contractors or subcontractors who fail to maintain safe working conditions can be held accountable for accidents such as falls, equipment failures, and other hazards.
• Defective or unsafe equipment: If faulty machinery, tools, or equipment caused your injury, the manufacturer or maintenance provider may be held liable.

Unlike workers’ compensation, which only covers medical expenses and a portion of lost wages, third-party claims allow you to seek additional damages, including compensation for pain and suffering, emotional distress, and other losses.

 

Niagara Falls Workers’ Compensation Lawyers FAQ

Can I choose my own doctor for a work injury?

New York law allows you to select any doctor authorized by the Workers’ Compensation Board to treat your injury. You do not have to use a doctor your employer recommends.

However, under Article 10A of the Workers’ Compensation Law and NYCRR Subpart 325-8, if your employer participates in a Preferred Provider Organization (PPO) network, you are required to use a PPO provider for the first 30 days of treatment.

After this period, you may opt out by providing written notification to your employer or insurer. Our firm can help you find a trusted local provider and ensure you receive the care you need in accordance with the law.

What happens if the insurance company denies my claim?

Insurance companies deny claims for many reasons. They might argue your injury happened at home or that your medical condition stems from a prior accident. If they deny your claim, the Workers’ Compensation Board will schedule a hearing before a judge. 

Our Niagara Falls workers’ compensation lawyers present medical evidence and testimony to challenge the denial and fight for your benefits.

Will I lose my job if I file a workers’ compensation claim?

The law strictly prohibits employers from firing you simply because you filed a workers’ compensation claim. Doing so constitutes illegal retaliation. However, your employer does not have to hold your position open indefinitely while you recover. If you face retaliation for reporting an injury, we can help you address this serious violation of the law.

Can I Sue a Patient Who Injured Me?

You may be able to file a separate third-party personal injury lawsuit against a patient or visitor who caused your injury. Workers’ compensation prevents you from suing your employer (the hospital or practice), but it doesn’t protect negligent third parties. 

If a patient attacks you or a vendor leaves a hazard that trips you, you can pursue damages for pain and suffering through a third-party claim. We handle both the workers’ compensation claim and the personal injury lawsuit to maximize your recovery.

Lewis & Lewis P.C. Is Ready to Fight for Your Workers’ Compensation in Niagara Falls

Dealing with a serious workplace injury requires patience and reliable support. The insurance companies have teams of professionals working to protect their profits. You need a dedicated advocate working to protect your physical and financial well-being.

Lewis & Lewis P.C. brings decades of experience, local knowledge, and a strong commitment to injured workers. We guide you through complex hearings, challenge independent medical exams, and fight for every dollar the law allows. We stand by your side for the long haul.

Do not wait to seek legal guidance after an accident. Early advice often prevents costly mistakes. Contact our personal injury and workers’ compensation law firm in Niagara Falls, New York, today.

Contact us today to schedule a free consultation with a workers’ compensation lawyer in Niagara Falls, New York. We are ready to listen to your story and help you find a clear path forward.

Schedule a Free Consultation

Lewis & Lewis – Personal Injury Lawyer – Buffalo Office Location

Address: 37 Franklin Street #800 Buffalo, NY 14202
Phone: (716) 442-8987