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Having a hard working, experienced legal team fighting for your best interest is not just a privilege of the rich and powerful. Dolce Panepinto, P.C., is proud to level the playing field for working families. Our team of experienced, approachable attorneys includes laborers, an ironworker, labor organizers, and civil rights advocates. We are a full service personal injury firm created by, and for, workers. In addition to personal injury, our firm focuses on workers’ compensation, Social Security disability, and all injury-related matters.

Attorney Kristin Allen has put together responses to some of the most commonly asked workers’ compensation questions. For more info, or if you have been injured or would like to file a workers’ compensation claim, please contact Kristin today at 585-815-9003 for a free case evaluation. 

1. How do I know if I have a workers’ compensation claim?
If you have been hurt at work, are in pain because of a repetitive motion you must perform as part of your job, or are sick due to something you were exposed to at work, then you most likely have a workers’ compensation claim. Contact our office for a free case evaluation as soon as possible as there are time limits you must adhere to in order to file a claim.

2. How long do I have to file a workers’ compensation claim?
You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

3. How much does a Workers’ Compensation attorney cost?
Workers’ compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your workers’ compensation claim, and what we take is a small percentage that is paid directly to us out of any amount awarded to you. You will never pay us anything out-of-pocket. More information on contingent fees can be found here (LINK: http://www.dolcepanepinto.com/2013/07/contingent-fee-agreements- explained/). Additionally, our attorneys can explain our attorney fees in greater detail.

4. Do I really need to look for work while I am receiving workers' compensation benefits? Even if I have a permanent disability and I have been approved for SSD?
Any time a claimant has a partial disability, whether they are temporarily or permanently partially disabled, a claimant must look for work within their restrictions in order to keep receiving lost wage benefits. This is true, even if you are actively receiving Social Security disability benefits. If you are out of work and receiving partial disability lost wage benefits, then it is your obligation to attempt to get a job. If you find a job but make less money than before you were injured, you may be entitled to reduced earnings. This means there are times that you can return to the workforce and still receive workers' compensation lost wage benefits.

There are several employment resources that may help you with your job search or retraining. They include: ACCES-VR, Genesee County Job Development Bureau, or any One-Stop Career Center, etc. There are also many online websites that aid in local job searching.

5. Am I able to receive an award for pain and suffering as part of my workers' compensation claim?
No, there is no award for pain and suffering when you file a workers' compensation claim. The workers’ compensation system is in place to compensate workers for lost wages and medical treatment only.

6. Is a workers’ compensation claim my only option if I am hurt at work?
In New York State, you cannot sue your employer but in some circumstances, a personal injury lawsuit can be filed in addition to a workers’ compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor-vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

7. I have a job that involves repetitive work and now I have pain in my hands and shoulders, is this covered by workers' compensation since I did not actually have an injury on any particular date?
Yes, depending on what your job entails, a worker can develop an injury over time due to repetitive work. This is considered an "occupational disease" and a claim for medical treatment and lost wages can be filed. This should be filed with the Workers' Compensation Board within two years of when you knew or should have known it was work-related.

8. I work in a very noisy environment and I am noticing that I have hearing loss from it. Can I file a claim for loss of hearing? When do I file it?
Yes, this is called "occupational hearing loss." You have two years and 90 days from when you stop working in the noisy environment to file a claim for hearing loss. The test for loss of hearing must be done at least 90 days after removal from the noisy workplace.

If you or a member of your family has been injured, please contact us today at 585-815-9003.

PAID SUMMER INTERNSHIP FOR COLLEGE STUDENTS OFFERED BY THE BATAVIAN! The deadline for applications is March 1, 2017. E-mail a cover letter and resume to howard@thebatavian.com. All eligible candidates will currently be enrolled in a college or university and have taken at least one journalism course.

Reminders of how the new Deal of the Day program works:

• To make purchases, you must be registered. This is its own registration system, separate from the main registration for The Batavian.
• Once registered you must be logged in.
• You click on the orange button, if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
• The first person to successfully complete the PayPal transaction wins the gift certificate.
• You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.

Merrill Lynch today announced John Riter has been appointed resident director of Merrill Lynch’s Batavia office. Riter will lead the Batavia office’s team of dedicated Merrill Lynch financial advisors to continue to deliver wealth management strategies to local area individuals, families, and businesses.

“John’s proven leadership and outstanding reputation make him the perfect candidate to lead our Batavia local office,” said Jeff Adams, managing director and market executive. “John’s 29 years of experience will enhance our ability to offer the highest quality of service that Batavia’s sophisticated investors have come to expect from Merrill Lynch.”

Riter, a resident of Batavia, N.Y., joined Merrill Lynch in 2008.

Merrill Lynch Global Wealth Management

Merrill Lynch Global Wealth Management is a leading provider of comprehensive wealth management and investment services for individuals and businesses globally. With 14,552 financial advisors and $2.1 trillion in client balances as of September 30, 2016, it is among the largest businesses of its kind in the world. Merrill Lynch Global Wealth Management specializes in goals-based wealth management, including planning for retirement, education, legacy, and other life goals through investment, cash and credit management. Within Merrill Lynch Global Wealth Management, the Private Banking and Investment Group focuses on the unique and personalized needs of wealthy individuals, families and their businesses. These clients are served by more than 175 highly specialized private wealth advisor teams, along with experts in areas such as investment management, concentrated stock management and intergenerational wealth transfer strategies. Merrill Lynch Global Wealth Management is part of Bank of America Corporation.

MLPF&S is a registered broker-dealer, member Securities Investor Protection Corporation (SIPC) and a wholly owned subsidiary of Bank of America Corporation. 
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