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Sep 16
Love1

Navigating the Workers’ Compensation Appeal Process: Your Guide to Understanding and Overcoming Denials

By News, Workers Compensation

Navigating the complex landscape of workers’ compensation claims can be daunting, especially when faced with a denial. At Losi & Gangi, we’re here to guide you through the appeal process step-by-step, ensuring your rights are protected and advocating for the benefits you deserve.

Understanding the Denial

When your workers’ compensation claim is denied, it’s crucial to understand the reasons behind the decision. Common reasons for denial include insufficient medical evidence, missed deadlines, or disputes over the cause of the injury. Our experienced attorneys will thoroughly review your case to pinpoint the grounds for denial and develop a strategic plan for your appeal.

Initiating the Appeal

The appeal process begins with filing a formal appeal with the appropriate workers’ compensation board or commission. This involves submitting a detailed appeal letter outlining the reasons for disagreement with the denial and providing supporting documentation. Our team will ensure all necessary paperwork is completed accurately and within the designated time frame to avoid further delays.

Gathering Evidence and Documentation

Central to a successful appeal is compelling evidence to support your claim. This may include medical records, witness statements, expert opinions, and any additional documentation relevant to your case. Our attorneys work diligently to gather and present this evidence in a clear and persuasive manner, strengthening your appeal.

Preparing for Hearings and Mediations

In some cases, appeals may involve hearings or mediations where your case will be reviewed by a judge or mediator. Losi & Gangi will prepare you thoroughly for these proceedings, ensuring you understand your rights and responsibilities. We advocate vigorously on your behalf, presenting your case with confidence and expertise.

Advocating for Your Rights

Throughout the appeal process, our priority is advocating for your rights and ensuring you receive fair treatment under the law. We leverage our extensive experience in workers’ compensation law to challenge denials and pursue the benefits you rightfully deserve.

Why Choose Losi & Gangi?

At Losi & Gangi, we have a proven track record of success in handling workers’ compensation appeals. Our dedicated team of attorneys is committed to providing compassionate and effective legal representation, guiding you through every step of the appeal process with personalized attention and care.

Contact Us Today

If your workers’ compensation claim has been denied, don’t wait to seek legal guidance. Contact Losi & Gangi today to schedule a consultation and learn how we can help you navigate the appeal process effectively.

Aug 12
Love1

Navigating Legal Waters: Key Considerations for Slip and Fall Accidents

By News, Personal Injury

Slip and fall accidents are more than just an inconvenience; they can lead to serious injuries and legal complexities. Whether you’re a property owner, a victim, or simply interested in understanding your rights, it’s crucial to grasp the legal framework surrounding these incidents. Here’s a comprehensive guide to navigating the legal considerations for slip and fall accidents.

Understanding Liability:

Determining liability in slip and fall cases often hinges on proving negligence. Property owners have a duty to maintain safe conditions for visitors. Factors considered include:

  • Ownership and Control: Who owns or manages the property where the accident occurred? This determines the party responsible for upkeep and safety.
  • Negligence: Did the property owner or occupier fail to take reasonable steps to prevent the accident? This might involve inadequate maintenance, failure to warn of hazards, or disregarding safety regulations.

Key Legal Concepts:

  • Comparative Negligence: In some jurisdictions, if the victim is partially responsible for the accident (e.g., not paying attention to obvious dangers), their compensation may be reduced proportionally.
  • Statute of Limitations: There’s a limited timeframe within which a victim can file a lawsuit after the accident. It varies by jurisdiction, typically ranging from one to six years.

Documenting the Incident:

  • Medical Records: Promptly seeking medical attention is crucial for both health and legal purposes. Detailed records of injuries sustained due to the fall strengthen your case.
  • Witness Statements and Evidence: Statements from witnesses and physical evidence (e.g., photographs of the hazard) can substantiate your claim.

Steps to Take:

  • Report the Incident: Inform the property owner or manager immediately. Request a written report and keep a copy for your records.
  • Consult Legal Counsel: A personal injury attorney specializing in slip and fall accidents can provide invaluable guidance. They’ll assess your case, negotiate on your behalf, and represent you in court if necessary.

Prevention and Awareness:

For property owners and managers:

  • Regular Inspections: Implement routine inspections and maintenance to identify and address hazards promptly.
  • Clear Communication: Display warning signs for potential hazards like wet floors or uneven surfaces.

Navigating the aftermath of a slip and fall accident involves understanding legal nuances, gathering evidence, and possibly seeking legal representation. Whether you’re a victim or a property owner, awareness of your rights and responsibilities is essential.

At Losi & Gangi, we understand the complexities of slip and fall cases. Our experienced team is dedicated to helping you navigate the legal process and secure fair compensation. Contact us today to learn more about your options and how we can assist you.

Remember, being informed and proactive can make a significant difference in the outcome of such incidents. Stay safe and informed!

Jul 15
Love1

Unraveling Common Myths About Personal Injury Claims

By Uncategorized

In the realm of personal injury law,misinformation often abounds, leading to confusion and misunderstanding among those seeking compensation for their injuries. Separating fact from fiction is crucial for anyone navigating the complexities of a personal injury claim. Let’s debunk some of the most common myths surrounding this area of law.

Myth 1: You Can’t File a Claim If You’re Partially at Fault Reality: Contrary to popular belief, you may still be entitled to compensation even if you bear some responsibility for the accident. Many jurisdictions follow comparative negligence laws, where your compensation is reduced by your percentage of fault. Consulting with a personal injury attorney can help you understand your rights and options in such cases.

Myth 2: You’ll Get a Windfall Settlement Reality: While substantial settlements do occur, they’re not guaranteed in every case. The value of your claim depends on various factors, including the extent of your injuries, medical expenses, lost wages, and the skill of your legal representation. Beware of exaggerated promises from anyone guaranteeing specific outcomes.

Myth 3: You Must Go to Court for Every Claim Reality: Most personal injury claims are resolved through negotiation or settlement outside of court. Litigation is typically a last resort when parties can’t reach a fair agreement. Skilled negotiators can often secure favorable settlements without the need for a trial, saving time, money, and emotional stress.

Myth 4: Only Physical Injuries Qualify for Compensation Reality: Personal injury law encompasses a wide range of harms beyond physical injuries. Emotional distress, psychological trauma, and financial losses such as property damage and lost earning capacity may also be compensable. Consulting with an experienced attorney can help you assess the full extent of your damages.

Myth 5: Hiring a Lawyer Is Too Expensive Reality: Many personal injury attorneys workon a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows injured individuals to access legal representation without upfront costs. Additionally, lawyers can often negotiate lower medical bills and liens, maximizing your net recovery.

Dispelling common myths about personal injury claims is essential for ensuring that individuals understand their rights and pursue fair compensation for their injuries. By seeking reliable information and enlisting the assistance of qualified legal professionals, you can navigate the claims process with confidence and achieve the best possible outcome for your case.

If you have any questions or think you may be eligible for compensation please call us today, 716.854.1446.

Jun 17
Love1

Knowing and Understanding Your Rights in a Personal Injury Lawsuit

By Uncategorized

In the aftermath of a personal injury, understanding your rights can be empowering. At Losi & Gangi Attorneys at Law, we believe that knowledge is key to navigating the legal landscape successfully. In this blog post, we’ll delve into the crucial aspects of knowing and understanding your rights in a personal injury lawsuit.

  1. Know Your Right to Compensation:
    • Every individual has the right to seek compensation for injuries caused by someone else’s negligence.
    • Understanding the types of damages you may be entitled to, such as medical expenses, lost wages, pain and suffering, and more, is essential.
  1. Understand the Statute of Limitations:
    • It’s important to be aware of the statute of limitations, which sets the time limit within which a lawsuit must be filed.
    • Failure to file within this timeframe could result in the loss of your right to seek compensation.
  1. Know Your Right to Legal Representation:
    • You have the right to seek legal representation to ensure your rights are protected and advocated for.
    • Choosing an experienced personal injury attorney, like those at Losi & Gangi, can greatly enhance your chances of a successful outcome.
  1. Understand the Legal Process:
    • Familiarize yourself with the legal process involved in a personal injury lawsuit, from filing a claim to negotiating with insurance companies or going to trial.
    • Knowing what to expect can help alleviate stress and uncertainty throughout the process.
  1. Know Your Right to a Fair Settlement:
    • Insurance companies may offer settlements that are lower than what you deserve. It’s crucial to understand your right to negotiate for a fair settlement.
    • A skilled attorney can help you assess the value of your claim and negotiate on your behalf to secure the compensation you deserve.

At Losi & Gangi Attorneys at Law, we’re committed to helping you understand and assert your rights in a personal injury lawsuit. By knowing your rights and having a knowledgeable legal team on your side, you can navigate the complexities of the legal system with confidence. If you’ve been injured due to someone else’s negligence, don’t hesitate to reach out to us for a consultation. Your rights matter, and we’re here to protect them.

Apr 01
Love1

Common Myths Surrounding Workers’ Compensation

By Workers Compensation

Workers’ compensation serves as a critical safeguard for employees, offering financial assistance and medical support in the wake of work-related injuries or illnesses. Nevertheless, misconceptions and falsehoods often cloud the understanding of this vital system. In this blog post, we aim to debunk prevalent myths surrounding workers’ compensation, empowering both employees and employers with accurate information to navigate this process effectively.

Myth 1: Workers’ compensation is solely for severe injuries.

While workers’ compensation does cover severe injuries like fractures or traumatic incidents, its scope is far broader. It encompasses various conditions, including repetitive strain injuries such as carpal tunnel syndrome, occupational diseases arising from workplace exposure, and mental health issues triggered by job-related stress.

Myth 2: Filing a claim will lead to retaliation from my employer.

Fear of retaliation often deters employees from seeking the benefits they rightfully deserve. However, workers’ compensation laws protect against employer retaliation. Employers cannot lawfully terminate or discriminate against employees for filing legitimate claims. In fact, it’s illegal to retaliate against employees for exercising their rights under workers’ compensation laws.

Myth 3: If the injury occurred outside of the workplace, I’m not eligible for benefits.

While workers’ compensation primarily covers injuries sustained on the job site, it also extends to injuries occurring during work-related activities outside of the workplace. This could include injuries sustained while traveling for work, attending work-related events, or running errands for your employer. As long as the injury is connected to your employment duties, you may be eligible for workers’ compensation benefits.

Myth 4: I can handle my workers’ compensation claim without legal representation.

While it’s possible to navigate the workers’ compensation process independently, seeking legal counsel can significantly enhance your chances of receiving full and fair benefits. Workers’ compensation laws can be complex, and insurance companies may attempt to minimize payouts. A knowledgeable attorney can advocate for your rights, navigate legal complexities, and ensure you receive the compensation you deserve.

Workers’ compensation is a crucial safety net for employees, offering financial stability and medical assistance during challenging times. Clearing up misunderstandings fosters a healthier work environment where both employees and employers can thrive.

If you have been injured at work, do not hesitate to get the workers’ compensation you deserve. Our experienced attorneys at Losi and Gangi will make sure you are represented fairly throughout every step of your case. Call us today at 716-854-1446 for a free consultation.

Mar 13
Love1

Understanding the Benefits of Workers’ Compensation for Work-Related Injuries

By News

Work-related injuries can have a significant impact on individuals, both physically and financially. Whether it’s a slip and fall accident, repetitive strain injury, or a more severe incident, employees deserve compensation for injuries sustained on the job. Understanding the benefits available through workers’ compensation can help injured workers navigate the process and receive the support they need.

At Losi & Gangi, we are committed to advocating for injured workers and helping them secure the compensation they deserve. In this blog post, we will explore the benefits that claimants can expect to receive following a work-related injury.

  • Medical Treatment Coverage: One of the primary benefits of workers’ compensation is coverage for medical treatment related to the injury. This includes doctor’s visits, hospital stays, surgeries, prescription medications, physical therapy, and other necessary medical expenses. Injured workers can receive the care they need without worrying about the financial burden.
  • Lost Wages Compensation: In addition to medical treatment, workers’ compensation provides compensation for lost wages during the recovery period. If the injury prevents the employee from working temporarily or permanently, they may be eligible to receive a portion of their wages to help cover living expenses and support their families.
  • Vocational Rehabilitation Services: For workers who are unable to return to their previous job due to the injury, workers’ compensation may cover vocational rehabilitation services. These services help injured employees acquire new skills or training to transition into a different role or industry that accommodates their physical limitations.
  • Permanent Disability Benefits: In cases where the injury results in permanent impairment or disability, workers’ compensation provides benefits to compensate for the loss of earning capacity. The amount of compensation depends on the extent of the disability and its impact on the individual’s ability to work and earn a living.
  • Death Benefits: Tragically, some work-related injuries result in fatalities. In such cases, workers’ compensation provides death benefits to the surviving dependents of the deceased worker. These benefits may include compensation for funeral expenses and ongoing financial support for the deceased employee’s spouse, children, or other dependents.
  • Legal Assistance and Advocacy: Navigating the workers’ compensation process can be complex, especially when dealing with insurance companies and legal requirements. Working with an experienced attorney, such as those at Losi & Gangi, can help injured workers understand their rights, gather necessary documentation, and navigate the appeals process if their claim is denied.

Workers’ compensation provides crucial benefits to employees who suffer work-related injuries. From medical treatment coverage to lost wages compensation and vocational rehabilitation services, injured workers can receive the support they need to recover and move forward with their lives. If you or a loved one has been injured on the job, don’t hesitate to seek legal guidance and pursue the compensation you deserve.

Contact Losi & Gangi today for a complimentary consultation to discuss your workers’ compensation case and take the first step towards securing the benefits you are entitled to. Our dedicated team is here to advocate for your rights and help you obtain the compensation and justice you deserve.

Feb 15
Love0

Essential Steps to Take Following a Construction Accident Injury

By Workplace Safety

Experiencing a construction accident can be overwhelming, but knowing the right actions to take afterward is crucial. At Losi & Gangi, we’re committed to ensuring you understand your rights and receive the support you deserve after such incidents. In the aftermath of a construction accident, following these steps diligently can help protect your rights and facilitate the process of obtaining the support and compensation you need for recovery. Here are the key steps to follow:

  • Prioritize Medical Attention: The first and most critical step is to seek medical help immediately. Your health and well-being are paramount, so ensure your injuries receive prompt and proper medical care.
  • Notify Your Employer: It’s imperative to inform your employer about the accident as soon as possible. Notifying them promptly is essential for initiating the necessary reports and ensuring eligibility for workers’ compensation benefits.
  • Collect Vital Information: Gathering relevant details is pivotal for building a strong case. Obtain contact information from witnesses, take photographs of the accident scene if feasible, and retain copies of medical bills and receipts for expenses incurred due to the injury.
  • Document Evidence: Recording evidence is crucial for establishing the extent of your injuries and any negligence on the part of your employer. Maintaining thorough medical records and seeking legal assistance can significantly strengthen your claim.
  • Consider Legal Recourse: If you’ve sustained a severe injury in a construction accident, seeking legal guidance is advisable. An experienced attorney can help you navigate the complexities of filing a claim and ensure you understand your rights and entitlements.

At Losi & Gangi, we offer complimentary consultations for personal injury and workers’ compensation cases. Contact us today or call 716-854-1446 to schedule your free consultation and take the first step towards seeking the compensation you deserve.

Feb 15
Love0

Promoting Construction Worker Safety in 2024

By Workplace Safety

As we enter the new year, it’s critical to prioritize the safety and well-being of those working in construction. Construction is a high-risk, dangerous job, where workers are frequently injured due to factors like unsafe working conditions, insufficient training, and more. The new year presents a great opportunity to refresh workers on training and safety procedures, as well as introduce any new measures to improve the safety and effectiveness of workers. In this blog, we cover essential construction safety tips workers should adhere to for maximum safety and protection in 2024.

Review and Update Safety Training:

Regularly refreshing safety training is vital to keep it at the forefront of workers’ minds. January marks an opportune time to revisit existing safety protocols and introduce any new regulations to enhance worker safety in the upcoming year.

Weather Preparedness:

As Western New York is known for its  harsh winters, workers must be adequately equipped for snow, high winds, and frigid conditions. Providing proper clothing, gear, and equipment is essential to protect against cold weather, rain, and extreme cold.

Health and Wellness:

Acknowledging the rising concerns about mental health in the construction industry, employers should emphasize the well-being of their employees. This involves promoting a culture that prioritizes regular breaks, hydration, and proper nutrition to mitigate the toll that demanding job requirements can take on workers.

Emergency Procedures:

In the event of an emergency, swift and informed action is crucial. Employers should ensure that all workers are familiar with emergency procedures, including the locations of first aid kits, fire extinguishers, emergency exits, and more.

Regular Safety Inspections:

Conducting scheduled safety inspections is a proactive measure to identify and address potential hazards, preventing accidents. These inspections should encompass equipment, workspaces, and adherence to safety protocols. Any identified hazards should be promptly addressed to create a safer working environment.

At Losi & Gangi, our commitment is to protect the well-being of workers. If you’ve suffered a job-related injury, you are entitled to compensation. Our trained attorneys are ready to guide you through the process. Contact us today at 716-854-1446 for a free consultation and let us help you get the compensation you deserve.

Dec 20
Love1

The Role of an Expert Witness in Personal Injury Cases

By Personal Injury

The presence of an expert witness is critical in personal injury cases, as they can significantly help influence and shape the outcome of legal proceedings. These professionals bring impartial opinions and testimony to the forefront, serving as instrumental assets throughout the litigation process.

The qualifications of an expert witness are important to their effectiveness in court. It is imperative that these individuals possess a high level of credibility, and possess extensive experience, specialized education, and relevant professional certifications. Their expertise and credentials not only enhance their standing but also bolster the weight of their testimony.

There are several advantages of incorporating an expert witness into a personal injury case. One of the primary benefits lies in the ability of these experts to fortify the plaintiff’s claim. By presenting solid evidence and leveraging their professional insights, an expert witness can thoroughly assess the nature of injuries sustained and project their long-term impact on the individual’s life.

Moreover, expert witnesses take into account a variety of factors that contribute to the overall evaluation of damages. This includes a meticulous examination of medical expenses, lost wages, pain and suffering, and the discernible decline in the quality of life experienced by the injured party. Through their specialized knowledge, these experts provide a comprehensive understanding of the multifaceted repercussions of the injury, thereby contributing significantly to the plaintiff’s case.

In essence, an expert witness’s ability to provide unbiased, informed opinions, and offer their expertise makes them highly valuable individuals to assist with personal injury cases. At Losi & Gangi, our attorneys fight hard to ensure you get the compensation you are entitled to and deserve. For a free consultation, contact us today or call 716-854-1446 today.

Nov 14
Love1

Returning to Work After a Workplace Injury: Your Rights and Options

By News

Understanding your rights and available choices is vital when resuming work after a workplace injury. Rushing your recovery process can lead to potential re-injury. In this blog post, we will explore essential considerations when returning to work following a workplace injury.

Keep Your Employer Updated: It’s essential to maintain open communication with your employer throughout the recovery process. This includes sharing information about your progress, attending medical appointments, and providing updates on your condition. Keeping your employer informed allows them to make necessary accommodations when you do return to work.

Do Not Return Until Your Doctor Clears You: Returning to work prematurely, before your doctor has declared you fit to do so, can pose serious risks. It may lead to a re-injury or prolonged recovery. Always follow your healthcare provider’s recommendations and wait for their clearance to ensure a safe and successful return to work.

Ask for Accommodations: If your workplace injury has resulted in permanent or long-term limitations, it’s essential to request reasonable accommodations. The Americans with Disabilities Act (ADA) requires employers to provide accommodations to employees with disabilities, including those arising from workplace injuries. Discuss potential accommodations with your employer to help you perform your job effectively.

Return-to-Work Programs: Many employers have established return-to-work (RTW) or stay-at-work (SAW) programs to support injured employees during their transition back to the workplace. These programs are designed to facilitate a smooth and safe return. Contact your Human Resources department to learn more about the specific RTW or SAW policies and programs available at your workplace. 

If you’ve experienced a workplace injury and are concerned about your rights during the return-to-work process, it’s crucial to seek legal guidance and support. Losi & Gangi is here to help. We are committed to ensuring that you receive the compensation and accommodations you are entitled to.

For a free consultation and to learn more about your rights, please contact Losi & Gangi at 716-854-01446. Our experienced team is ready to assist you in navigating the complexities of workers’ compensation and advocating for your best interests. Your well-being and legal rights matter to us, and we’re here to guide you through the process.

Source: https://www.wcb.ny.gov/returntowork/injured-worker.jsp

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