WNY's Workers' Compensation Attorneys

Can I File a Claim Myself or Do I Need a lawyer?


Following an injury at work, the last thing most people want to deal with is navigating a stressful legal situation. However, others are willing to consider the task of filing a workers' compensation claim on their own, and even representing themselves as the case progresses.

Is it possible to handle the situation without an attorney from Buffalo Law firm? Consider the following:

In certain circumstances you might be able to manage without the help of a lawyer. For example, if you suffered a very minor injury that didn't result in you missing much work, you might not need a lawyer. The extent to which your employer is willing to cooperate also plays a big role. If the employer is cooperative and doesn't dispute the nature of the injury, the case can be fairly straightforward. In the best case scenario, your employer will accept your claim and agree to pay for your medical costs as well as lost wages.

Unfortunately, not all cases will proceed smoothly.

Sometimes an employer or insurance company will deny the claim, arguing your injury may not have been work related.

Pre-existing Conditions

If you have a pre-existing condition, you should definitely consider enlisting professional legal help. Sometimes it's easy to mistake or conflate a pre-existing condition with a workplace injury. So an insurance company could deny the claim, arguing your injury occurred at home or elsewhere. NY workers compensation lawyers can help you build your own argument, using testimony from a doctor or even coworkers.

Severity of Injuries

The worse your injury, the more likely you'll need the help of a lawyer. For example, if your injury requires surgery or other costly medical expenses, an insurance company will put in more effort to pay out less. This is especially true if your injury prevents you from working in the future, in which case you'll want to seek long-term disability benefits.

Playing It Safe

You shouldn't attempt to deal with the insurance company's lawyers alone. With the help of a New York workers compensation lawyer, you'll be better prepared to overcome the legal challenges.

Even when a case seems relatively simple, you should still rely on an experienced lawyer. After all, you'll still need to hit deadlines, finish plenty of paperwork, and navigate subtle technicalities of the legal world before the case is won.

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About The Author

At Gielowski, Federice & Caligiuri, LLP, we are committed to serving Western New York’s injured workers by providing a point of contact relating to all of the major legal issues which our clients will typically face.

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