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I’m attorney Paul Harding with the law firm Martin, Harding and Mazzotti – the Heavy Hitters – here in Rochester, New York. Workers’ Compensation is a state-mandated insurance program that provides compensation to employees who suffer job-related injuries and illnesses.

Each state has its own laws and programs for workers’ comp and often times they can be confusing. It’s easy to become overwhelmed and frustrated. If you’ve become ill or injured at work you’re likely to have a lot of questions:

How will my bills get paid?
Will I get the proper medical treatment?
Are my rights being protected?

The best way to address any questions about a workers’ comp claim is to consult with an experienced, trusted attorney. In fact, there is no good reason not to consult a lawyer when dealing with the complexities of workers’ compensation.

Our team at Martin, Harding & Mazzotti has been representing people like you in their workers’ comp cases since 1994.

Call today for a free case evaluation.

If you’ve been hurt at work or have questions regarding your workers’ compensation claim, call us now at 1800LAW1010 or visit our website to chat 24/7.

We’re Martin, Harding and Mazzotti – the Heavy Hitters and we look forward to helping you get the benefits you deserve.

Visit our chat feature here on the website 24/7 or call us now at 1800LAW1010 for a free, no obligation case evaluation.

Workers’ Compensation Claims

If you or a loved one has been injured while on the job, you may be entitled to insurance that provides cash benefits and/or medical care called Workers’ Compensation. Workers’ Compensation is insurance that is paid by employers. Employers are not legally able to require employees to contribute to this cost.

You or a loved one may be eligible for cash benefits or medical care if you believe that you have been injured as a direct result of an accident or injury that is directly related to your job. By contacting the Rochester Workers’ Compensation lawyers at Martin, Harding & Mazzotti, LLP you will receive a free consultation that will inform you of your rights under the law.

While a Workers’ Compensation case will not put a single party at fault or pay more or less regardless of carelessness or fault, there are a few instances when an injured worker may not be eligible for rights to pursue a Workers’ Compensation claim:

  1. If the injury had resulted solely from an individual being intoxicated from alcohol or drugs
  2. If the injured worker intended to injure themselves or others
  3. If the injury occurred when an employee’s conduct violated a written or implied company policy or committed a serious crime

Workers’ Compensation claims are paid when the employer or insurance carrier is in agreement that the injury or illness was deemed to be work related. A Workers’ Compensation law judge will decide which party is at fault and will work to resolve any dispute of this claim. 
No cash benefits or medical care can be paid through Workmans’ Compensation or Workers’ Comp, before a decision is made. It is also important to note that the injured party still may be eligible to collect disability benefits while pursuing a workers’ compensation claim. Another important fact is that if an individual accepts payments from the Disability Program, future Workmans’ Compensation awards will be adjusted accordingly and any payments will be deducted from the final settlement payment.

Selecting a knowledgeable and experienced Workers’ Compensation attorney in the local Rochester area can be one of the most important decisions you or your loved one will make after sustaining a work-related injury or illness. Please call the experienced legal team of Workers’ Compensation attorneys at Martin, Harding & Mazzotti, LLP in Rochester, NY today.

Although the laws surrounding Workers’ Compensation law and the claim process vary from state to state and can appear complex, the experienced Workers’ Compensation lawyers understand even the most subtle differences and will make sure that your case is filed correctly and that any and all time-sensitive matters and materials are handled with care and concern.

If you have been hurt or became ill as a result of your job and are now unable to do the same or a similar job at the pay rate that you once had, you may be entitled to benefits that could help make up to two-thirds of the difference. Let us work with you to determine if you should file a Workers’ Compensation claim in the State of New York. Don’t be unnecessarily anxious or stressed by trying to make sense of all the intricate details of Workers’ Compensation laws. It is the responsibility of medical and legal professionals to help you determine the extent of your injuries and your eligibility to file a claim.

Let the Rochester Workers’ Compensation lawyers at Martin, Harding & Mazzotti, LLP, The Heavy Hitters®, help you with your claim so you can focus on your health. For a free consultation, please call our Rochester office at (585) 419-4355, or call toll free at 1800LAW1010 (1.800.529.1010).  

Social Security Disability

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I’m attorney Paul Harding with the law firm Martin, Harding and Mazzotti – the Heavy Hitters – here in Rochester, New York. Social security disability claims can be complex and time consuming.

Sometimes a simple misinterpretation of procedure can result in denial of benefits.

Many attorneys will not help you with a disability claim unless you’ve already been denied.

That’s not us.

The experienced team at Martin, Harding & Mazzotti is here to help from start to finish. We take the time to understand your unique situation.

We can help you work through the process, fill out the paperwork and get your claim started. In many cases a disability claim will be denied with the first application, but hope is not lost. If you’re just applying for disability or you’ve already been denied…

We will defend your right to get the benefits you deserve.

To speak with lawyer you can trust, visit our website to chat 24/7 or call us now at 1800LAW1010 for a free, no obligation case evaluation.

We’re Martin, Harding and Mazzotti – the Heavy Hitters and we look forward to helping you get the benefits you deserve.

Visit our chat feature here on the website 24/7 or call us now at 1800LAW1010 for a free, no obligation case evaluation.

Social Security Lawyers AttorneysHas an injury or medically related disability been keeping you out of work, or will you be kept out of work for at least one year due to one? If so, you may be eligible to receive Social Security Disability benefits from the Social Security Administration. This also applies to children with a physical or mental condition that seriously limits his or her activities that has lasted for, or is expected to last for at least one year.

When your case is picked up, a process to claim your benefits will begin. This begins with the filing of a claim with the government along with both verbal and written explanations describing the nature and extent of the disability at hand. Even if the government initially denies your claim, you will have the option to appeal the decision and keep the process moving.

 If you think you or someone you love may qualify to receive SSD benefits, set up a free consultation with our attorneys at Martin, Harding & Mazzotti, LLP ® in Rochester, New York by calling us at (585) 419-4355, or toll free at 1800LAW1010 ® (1-800-529-1010).

 


Work-related injuries

If you’ve been injured on the job, you may be eligible to receive Workers’ Compensation benefits that can include lost wages, medical expenses, or other incidentals that were a direct result of the injury sustained during your employment with the company.

There are various rules and regulations that must be followed in order to successfully file a Workers’ Compensation claim, so it is important that the relevant steps be taken to ensure the success of your case. The work related injury lawyers at Martin, Harding & Mazzotti, LLP ® in Rochester can help you file a claim, as well as represent your rights in getting the Workers’ Compensation benefits that you are entitled to.

 If you or someone you know has sustained a work related injury, please contact the law office of Martin, Harding & Mazzotti, LLP, The Heavy Hitters ® in Rochester, NY at (585) 419-4355, or call us toll free at 1800LAW1010® (1-800-529-1010).

 


 

Construction Accidents

Workers Compensation Lawyers Attorneys - Work-related InjuriesToo often are there accidents on construction sites. Workers are often injured falling off roofs, using defective equipment, or from falling objects on the job site. If you’ve fallen off of a roof or sustained an injury from a falling object, the construction accident attorneys at Martin, Harding & Mazzotti, LLP ® in Rochester, New York can help.

We handle everything involved with your case from the beginning, from gathering pertinent information from your employer, getting witness statements, taking photographs of the accident scene and investigating the construction site to conducting necessary legal research, hiring safety experts and presenting your claim. Our accident attorneys can help provide reassurance that you have someone on your side throughout your healing process

 We know that any sort of injury can be life-altering and we take them very seriously. If you’ve been injured on a construction site, call our construction accident injury lawyers at Martin, Harding & Mazzotti, LLP to get a free case consultation. Reach us at our Rochester offices at (585) 419-4355, or call us toll free at 1800LAW1010 ® (1.800.529.1010).

 


 

Railroad / FELA Claims

FELA Claim Attorneys

The Federal Employers’ Liability Act, known as FELA, was passed by Congress in 1908 in an attempt to combat the then increasing number of railroad worker deaths on the nation’s railroads. Railroad workers are typically not covered under regular Workers’ Compensation laws, so under FELA, they were now able to sue the railroad company directly for injuries sustained on the job.

Unlike typical Workers’ Compensation provisions, FELA actually requires an injured railroad worker to prove that the company was “legally negligent” in causing the injury. If they can prove negligence, the worker is entitled to full compensation for their injuries. This includes payment for lost wages, medical and rehabilitation expenses, as well as compensation for pain and suffering. Because a railroad worker can make claims that other workers aren’t eligible for under typical Workers’ Compensation laws, the compensation is usually greater for FELA claims than a Workers’ Compensation claim.

FELA does have some limitations though: it only applies to railroad companies that function as common carriers, or a company that operates a railroad as a means for carrying the public. This also defined as those who engage in the business of transportation of persons or property from place to place for compensation, generally offering services to the public.

The following four requirements must be met in order for a railroad worker to seek damages under the Federal Employer’ Liability Act (FELA):

  • The railroad is a common carrier engaged in interstate commerce
  • He/she was employed by the railroad and assigned to perform duties which furthered the railroad’s interest
  • Demonstrate that harm was sustained while he/she was employed by the common carrier
  • Prove that the harm experienced was a result from the railroad’s negligence – a legal term for failure to take a reasonable amount of care

It is important to note that a railroad’s negligence extends beyond management and into the rest of the employee workforce as well. This means that a worker can make a claim if their injuries were caused by the negligence of another worker, considering the decision was made as part of the worker’s normal job duties. Any careless decision could be considered negligent, including failure to provide safety equipment, bad decisions or inattention by other railroad workers, poor maintenance of trains, rails or other equipment, failure to prevent chronic repetitive stress injuries, and exposure to toxic chemicals or other dangerous substances.

Like all workers, railroad workers are entitled to a safe and hazard-free workplace under FELA. If you or a loved one has been injured at work as a railroad employee in an accident that could have been prevented, the railroad injury lawyers at Martin, Harding & Mazzotti, LLP can help.

To protect your right to full compensation for all of your injuries, please call the FELA lawyers at Martin, Harding & Mazzotti, LLP®, The Heavy Hitters® in Rochester, NY at 585.419.4355, or call us toll free at 1800LAW1010® (1-800-529-1010).