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I’m attorney Paul Harding with the law firm Martin, Harding and Mazzotti – the Heavy Hitters – here in Schenectady, 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 on the job, you may be entitled to insurance that provides cash benefits and/or medical care, known as Workers’ Compensation. Workers’ Compensation is insurance that is paid by employers, whom are not allowed to require their employees to contribute to this cost. If you believe you have been injured as a direct result of your job, you may be entitled to cash benefits or medical care. Contact the Schenectady Workers’ Compensation lawyers at Martin, Harding & Mazzotti, LLP® for your free consultation.

A Workers’ Compensation case does not put a single party at fault, and therefore does not pay more or less regardless of carelessness or fault. However, there are a few instances in which an injured worker may lose their right to a Workers’ Compensation claim:

  1. If the injury had resulted solely from an individual being intoxicated from drugs or alcohol
  2. If the injured worker had the intention of injuring themselves or others
  3. If the injury resulted when an employee’s conduct violated company policy or committed a serious crime

Claims are paid when the employer or insurance carrier agrees that the illness or injury was work-related. A Workers’ Compensation law judge who decides which party is correct must resolve any dispute of this claim. 

It is important to know that no cash benefits or medical care can be paid through Workmans’ Compensation before a decision is made, however, the injured party may still be eligible to collect disability benefits in the meantime. Also important is the fact that if one does accept payments from the Disability Program, future Workmans’ Compensation awards will be adjusted to deduct these payments from your final payment. Selecting the right Workers’ Compensation attorney can be one of the most important decisions you make after sustaining a work-related injury. Don’t hesitate to call the experienced legal team of Workers’ Compensation attorneys at Martin, Harding & Mazzotti, LLP® today.

While the laws surrounding Workers’ Compensation and the claim process vary from state to state, our Workers’ Compensation lawyers understand the difference and will make sure your case is properly reported and all time-sensitive matters are dealt with accordingly. If you’ve been injured on the job and are unable to earn the same that you once did due to the extent of the injury, you may be entitled to benefits making up two-thirds of that difference. Don’t stress yourself trying to understand all the intricate details of Workers’ Compensation laws.

Let the Schenectady Workers’ Compensation lawyers at Martin, Harding & Mazzotti, LLP®, The Heavy Hitters® take care of your claim today, so that you can focus on healing. For your free consultation, please call our Schenectady office at (518) 862-1200, 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 Schenectady, 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 Attorneys

If you are unable to work as a result of an injury or other medical condition, you may be entitled to Social Security Disability benefits. Generally, the Social Security Administration requires that the injury or other disabling medical condition last or be expected to last for 1 year in order to qualify for these benefits.

A disabled child may also qualify for Social Security Disability benefits. The child must have a physical or mental condition that seriously limits his or her activities that has lasted for, or is expected to last for at least 1 year.

A claim for benefits must be filed with the government, and accompanied by both verbal and written evidence proving the nature and extent of the disability. If an initial determination by the government finds that a person does not qualify for Social Security Disability benefits, a right to appeal the decision does exist.

 If you or someone you know may qualify for SSD benefits, call the experienced Social Security Disability lawyers at Martin, Harding & Mazzotti, LLP®, The Heavy Hitters® in Schenectady, New York at (518) 862-1200, or call us toll free at 1800LAW1010® (1-800-529-1010).

 


Work-related injuries

Injured on the job? You may be entitled to Workers’ Compensation benefits that include lost wages, medical expenses and an award for the injury sustained if you have sustained an injury during the course of your employment, or as a result of the long term effects of your employment.

For more information on Workers Compensation, check out our WC eBook!

There are several rules that must be followed when making a claim for Workers’ Compensation benefits. The work related injury lawyers here at Martin, Harding & Mazzotti, LLP® in Schenectady, New York can help you file a claim, represent you in your claim, and make sure that you collect the Workers’ Compensation benefits that you are entitled to receive.

 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 Schenectady, NY at (518) 862-1200, or call us toll free at 1800LAW1010® (1-800-529-1010).

 


 

Construction Accidents

Workers Compensation Lawyers Attorneys - Work-related InjuriesUnfortunately, where there are construction projects, construction injuries are doomed to follow. Most common construction accidents involve workers being injured by falling off a roof, broken or defective ladder, or scaffolding. Workers who have also been hurt by falling objects from an elevated height, or workers who suffer injuries as a result of a fall may be entitled to make a claim for their injuries against the property owner and/or general contractor.1 

The construction accident attorneys at Martin, Harding & Mazzotti, LLP® will take care of all aspects of your construction injury case.

Starting from the beginning, we will gather all necessary information from your employer, get any witness statements, take relevant photographs of the accident scene, investigate the construction site, conduct the necessary legal research, hire safety experts, and present your claim. 
Make the call to our local Schenectady, NY office, so you can get back to your only responsibility: getting better.

 Construction injuries can be life changing, and should not be taken lightly. Let the Schenectady construction accident lawyers at Martin, Harding & Mazzotti, LLP help you if you have been injured on a work site. The Heavy Hitters will provide you with a free case consultation, simply call us locally at (518) 862-1200, or toll free at 1800LAW1010 (1-800-529-1010).

 


 

Railroad / FELA Claims

FELA Claim Attorneys

In 1908, in response to the high number of railroad deaths that were occurring, Congress passed the Federal Employers’ Liability Act, otherwise known as FELA. Under FELA, railroad workers who are not covered by regular Workers’ Compensation laws are able to sue railroad companies for their on-the-job injuries.

Unlike Workers’ Compensation provisions in state laws, FELA requires the injured railroader to prove that the railroad was “legally negligent” in causing the injury. After proving negligence, the injured railroader is entitled to full compensation. Such compensation includes payment for lost wages, medical and rehabilitation expenses, and for pain and suffering. As FELA allows a railroad worker to make a claim for damages which are not covered under New York State Workers’ Compensation Laws, the compensation that a railroad worker may receive under FELA may be greater than that provided by State Worker’s Compensation for non-railroaders.

FELA only applies to railroads that function as common carriers. That being said, not every railroad is a common carrier. A common carrier is defined as one who operates a railroad as a means of carrying for the public, i.e., a railroad company acting as a common carrier. A common carrier has also been defined as one who engages in the business of transportation of persons or property from place to place for compensation, offering his services to the public generally.

One who seeks to recover damages under the Federal Employers’ Liability Act (FELA) must first establish these four elements:

  • 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

Take note that the railroad’s negligence includes the negligence of other railroad employees, as long as their bad decisions were made as part of their jobs. Any careless decision could be considered negligent, including failure to provide safety equipment, bad decisions or inattention by other railroad employees, poor maintenance of trains, rails or other equipment, failure to prevent chronic repetitive stress injuries, and exposure to toxic chemicals or other dangerous substances.

Right outside of Schenectady, NY we have the largest railway hub of any upstate city and the country’s tenth largest passenger hub in the Albany-Rensselaer station located in Albany, NY. Like all workers, these railroad workers are entitled to a safe and hazard-free workplace under FELA. If you or a loved one has been hurt at work on the railways and believe the railroad could have prevented it with a more care, the Martin, Harding & Mazzotti, LLP® FELA claim lawyers 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 Schenectady, NY at (518) 862-1200, or call us toll free at 1800LAW1010® (1-800-529-1010).