Schenectady Workers' Compensation Claim Lawyers

Troy Work Injury Attorneys Dedicated to Helping You

Workers' Compensation pays medical bills and a percentage of your lost earnings resulting from a work-related disability. Disabilities under this program can include injuries or work-related occupational diseases. For many injured workers, this program is the only thing keeping them afloat financially after losing the ability to work, but it is also a complicated process. Many people are denied their Workers' Compensation claims the first time they apply, and many others receive payment that is inadequate.

At Silverman, Silverman & Seligman, P.C., we dedicate our entire legal practice to helping injured Capital District workers obtain compensation benefits for their injuries. Our Schenectady Workers' Compensation claim attorneys have decades of experience and can answer your questions about Workers' Compensation:

• What are my rights to Workers' Compensation?
• What is the process of Workers' Compensation?
• Can I appeal a Workers' Compensation claim?
• How long will I get Workers' Compensation benefits?
• What if they are not paying my Workers' Compensation benefits?
• What are the limits to the medical treatment that I can receive?
• Can I bring a personal injury suit if I am injured on the job?
• Do I need to look for work if I am getting Workers' Compensation?

Fighting for You

Most employers are required to carry Workers' Compensation insurance to cover any employee inured on the job. These insurance carriers often deny the claims of injured workers, however, claiming that the workers are not disabled or that the injury did not occur as a result of their work.

Our attorneys have decades of experience fighting for the benefits of injured workers. We know that denials are often part of the process. Let us fight through this process for you, to get you the compensation you need.

The Intersection Between Workers' Compensation and SSDI

Many people who are receiving Workers' Compensation benefits are also eligible for Social Security Disability Insurance (SSDI). If you are eligible for both, it is essential that you work with attorneys who have experience with both of these benefit programs. Without careful planning, it is possible to have a substantial portion of your Workers' Compensation benefits taken back by Social Security.

Let Us Help You ∙ Free Initial Consultations

We serve clients in all upstate Capital District counties. If you have experienced a work-related injury, you can talk with one of our experienced lawyers. Call 518-631-4521 or contact us online for a free initial consultation with a New York work injury compensation attorney.

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• What do I need to show to obtain Workers Compensation benefits?

  
  In order to obtain compensation benefits you need to document that you were an employee, that an accident occurred during the course of your employment (or you developed an "occupational disease" during the course of your employment), that you gave notice to your employer within 30 days of the accident and that you filed your claim for benefits within two years of the date of the accident. There are some exceptions to these requirements which should be discussed with your attorney in detail.

• If the administrative law judge directs the carrier to pay my medical bills and to pay me compensation benefits, and the carriers still objects, what happens?

  
  If a carrier believes that there are grounds for an appeal they may file such an appeal within 30 days to the Workers Compensation board. Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.

• Am I required by law to have an attorney?

  
  No. But bear in mind that the insurance carrier is mandated by law to have an attorney or a licensed representative appear at every hearing. These attorneys and licensed representatives often have years of experience, have handled thousands of hearings and are well versed in representing the carrier's point of view. While there is no similar statute requiring the Claimant to be represented, we would highly recommend that they retain counsel. Silverman Law has decades of experience in representing Claimants.

• The carrier argues that my condition was pre-existing. I don't think that it was but even so I never had these symptoms. What should I do?

  
  This question of a pre-existing asymptomatic (unnoticed) condition which is made symptomatic by a work-related accident has been decided by both the Appellate Division of the Supreme Court of New York State and the New York State Court of Appeals.

• Can I collect both Workers Compensation and the Social Security Disability benefits at the same time?

  
  Yes. If you qualify you may indeed collect both Workers Compensation and Social Security Disability benefits. While Workers Compensation is not reduced because of Social Security Disability payments, your Social Security Disability payments may indeed be reduced because of your Workers Compensation benefits.

Silverman, Silverman & Seligman, P.C.
527 State St.
Schenectady NY 12305
Phone: 518-631-4521
Toll Free: 877-851-4319
Fax: 518-374-4338