Albany Workers’ Compensation Lawyer
When you’ve suffered a workplace injury, it can be difficult to move forward with your life. Your days are often consumed with doctor’s visits, medical bills, pain management, and the emotional stress resulting from missed workdays and paychecks. The last thing you need during this difficult time is to navigate the confusing world of workers’ compensation on your own.
A Forceful Advocate for Injury Victims in Albany and Upstate New York
It’s my goal, as Paul Giannetti Attorney at Law, to make your post-injury life easier by being a forceful and skillful advocate for your rights. Over the past 20 years, I have helped hundreds of accident, injury and disabled victims in the Albany area obtain the full workers’ compensation benefits New York State and federal law.
I want to help you, too. I am dedicated to offering compassionate, personalized attention to my clients, and obtaining for them the full and fair compensation they deserve. If you or a loved one has been hurt or disabled on the job, call me at (866) 868-2960 or contact me for a free consultation.
Helping You Obtain the Benefits and Compensation You Deserve
Under New York law, employees injured on the job are usually entitled to workers’ compensation payments without regard to fault. But that doesn’t mean your employer or their insurance company won’t fight to deny or limit the amount of compensation awarded to you, and you can expect they will lean on attorneys to protect their interests.
You deserve an experienced workers’ compensation attorney who fully understands your rights under New York law and is ready to battle for every cent to which you’re entitled. That’s what you get in me. On a practical level, you can also count on me to:
- Guide you through the workers’ compensation application process
- Help collect medical evidence to prove your injury or disability
- Vigorously represent you at New York Workers’ Compensation Board hearings, proceedings and appeals
- Fight for interrupted, terminated or survivor benefits
- Work quickly so the compensation process won’t be jeopardized or unduly lag
- Give my undivided, personal attention to your case
- charge legal fees only if you receive compensation for your injuries
I’ll also investigate whether you might be entitled to financial relief from other sources, including Social Security disability and personal injury claims against third parties. If you have a valid claim, I will pursue all appropriate legal remedies to help ensure that you are fully compensated for your injuries and that your standard of living will not decline due to your injury or disability.
I will also help you understand if and when you should consider returning to the job after a work injury. Your long-term health and your financial situation should both be taken into account, and we can assist you in making the right choice about returning to work.
Workers’ Comp FAQs
Is It Worth Getting a Workers’ Comp Attorney?
While many workers’ comp claims are straightforward, others are not. For example:
- Your employer or their insurance company may dispute your version of the accident or deny your claim altogether.
- You have a preexisting condition that the insurance company tries to hold against you.
- The insurance company is disputing the permanent disability rating assigned by your treating doctor.
- Your injury has left you unable to work again.
In these and similar situations, an Albany workers’ compensation lawyer will advocate for you and protect your rights during any workers’ compensation hearings or appeals. I am well-versed in the strategies that insurance companies use to delay or avoid compensating injured workers and will fight for the benefits you deserve.
Do You Need a Lawyer to Get a Workers’ Comp Settlement?
New York workers’ compensation law does not require you to be represented by an attorney. Many claims are also straightforward and paid without any issues. However, if your employer or their insurance company is disputing the claim, forcing you to prove your case at a workers’ comp hearing, you’ll almost certainly need a lawyer to help you.
How Long Does It Take to Settle a Workers’ Compensation Claim?
While every case is different, an undisputed workers’ compensation claim should result in benefits being paid within around three weeks of the insurer receiving the injury report. However, if the claim is being disputed, the settlement process can take months. I always advise my clients on what they can expect if it looks like their claim will take a while to resolve.
What Questions Should I Ask My Workers’ Comp Lawyer?
Questions you should ask your workers’ comp lawyer include:
- What if the accident was my fault? In general, fault is not an issue with New York workers’ comp claims. It doesn’t matter whose negligence caused your injuries- you are still entitled to benefits.
- What benefits can I receive from workers’ compensation? At the very least, your employer’s insurer should pay reasonable medical bills arising from your work-related injury. If you cannot work for at least 14 days, you will receive cash benefits prorated since your first day off the job. If your injuries are long-lasting, you may be entitled to permanent disability benefits.
- What should I say to the claims administrator? If the claims administrator for your employer’s insurance company reaches out to you, you need to be careful what you say. Even the most innocuous comment could later be used to minimize your compensation. Tell them to call your attorney instead.
- Can I file a lawsuit? In most cases, you can’t sue your employer, even if the injury was their fault. However, in some cases, you may be able to file a claim against a third party in addition to making a worker’s compensation claim. For example, if you were struck by another driver while making a delivery for your employer, you could be entitled to sue that driver.
Who Pays for a Workers’ Comp Attorney?
In New York, your worker’s comp attorney will be paid out of your settlement or award. A judge must approve the fees, which will then be deducted from the cash portion of what you receive (does not include medical benefits).
Should I Get a Lawyer if I Got Hurt at Work?
If you are injured at work and it looks as if you may be off work for a while and/or require ongoing medical treatment, call a workers’ comp lawyer as soon as possible. If you are injured in and around Albany, New York, I will facilitate your claim, advocate for you if it is disputed or rejected, and protect your interests.
Contact Paul Giannetti for a Free Consultation Today
If you or a loved one has been injured at work in the Albany area or in upstate New York, call (866) 868-2960 or contact the workers’ compensation law firm of Paul Giannetti for a free consultation. You pay legal fees only if you receive compensation for your injuries.