If You're Injured

Time is of the essence. It is critical that steps be taken in the early phases of your case to investigate, gather, and analyze the evidence vital to your successful recovery. We will do everything within our power to make sure that all the proper parties are held accountable for your injuries.

Please call Peter M. Jasen or Mark M. Jasen at 716/848-9500, email us, or submit your case.

If you are injured on the job:

1. Get medical care
An employee is entitled to his choice of medical attention. The employee is under no obligation to treat with any specific medical provider. On occasion an employer may request that you be examined by the employer's worker's compensation carrier's physician, but the worker is best advised to seek medical treatment from his own medical provider. If a worker is ordered to a independent medical examination he should consult his union representative or an experienced worker's compensation attorney for further clarification.

2. Doctors should be notified if this is a worker's compensation claim
All medical bills incurred related to an on-the-job accident should be covered by worker's compensation. It is important to provide a clear history to your doctor informing them that you were injured in a work related accident due to negligence on the job. Although treatment connected with a work related accident is covered by worker's compensation, on occasion, prior approval may be necessary. In addition to coverage of your medical bills, worker's compensation should also reimburse you for prescriptions and mileage to and from doctors and physical therapy appointments. Therefore, you should keep track of your mileage receipts.

3. Contact Union Respresentative (if applicable)
Union representatives should be contacted as soon as possible to protect the employees rights and afford them the worker's compensation benefits to which they are entitled.
A union representative can also assist in filling out the accident report required by
your employer.

4. Fill out accident report
In most cases, employees are required to fill out an accident report with the company as soon as possible. The report should state as simply as possible the cause of the accident and how the employee was not provided with a safe place to work. If possible, a union representative should be consulted prior to completing an accident report.

5. Do not give a statement to anyone
In most instances employees are not required to give a sworn statement to their employer or insurance representatives. The best advice is "never give a statement". If an employee chooses to make a statement, it should only be done after consultation with a union representative or an attorney to ensure understanding of the full ramifications of the statement and how it can affect your claim.

6. Apply for workers compensation benefits
Employees by law are entitled to Worker's Compensation benefits. The employer's permission is not needed to apply for these benefits.

Note: Any payments received from the worker's compensation board related to an injury may be subject to a lien by the Worker's Compensation carrier if the injured party has filed a third-party lawsuit. However, these benefits are required to be repaid only if a settlement is received. Regardless, an injured worker should apply for and receive these benefits and may want to consult an experienced personal injury lawyer for a full explanation of the employees rights.

7. Keep records
By keeping complete and accurate records the amount of a settlement can be increased by helping to recall important details about the claim. The following items need to be tracked:

a) Any out of pocket expenses incurred as a result of an injury.

b) Dates and times of medical treatment or hospitalization.

c) Names of witnesses and what they have to say.

d) Details of ongoing disability, pain and suffering and change in lifestyle that has resulted from an injury.

e) Loss of earnings and fringe benefits.

THIRD PARTY LEGAL ACTION: AN ADDITIONAL RIGHT

In 1885, the Legislature of the State of New York first saw fit to enact legislation to protect construction workers from bodily harm and to eradicate dangerous conditions from the work site.

Through the efforts of organized labor, the first "construction site" laws were enacted in 1885 and have continually been amended and strengthened. These laws now require construction site owners and general contractors to provide all workers on a site with a safe place to work. A worker who is injured on a construction site may now institute a civil lawsuit against the site owner and general contractor and be entitled to recover full monetary damages from the site owner and general contractor in addition to the receipt of Workers' Compensation coverage. These civil damages are not limited or restricted in amount (as are Workers' Compensation benefits) and may include monetary awards for pain and suffering, permanent injury, full loss of earnings and fringe benefits and any resulting changes in life-style due to disability.

The information contained in this section of this web site is not legal advice. That can and should come only from lawyer. What is written here cannot possibly tell you what the law is as applied to the facts of a particular case. We expect you will want to consult legal counsel directly if you feel an issue raised here affects you.

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