Workers’ Compensation Attorney
Workers’ Comp Claims
Worker’s compensation is provided to workers who are injured on the job to help cover lost earnings and medical costs. Workers’ compensation does not always adequately cover the costs that can be incurred from a workplace accident. In the case of wrongful death, no amount of money is going to compensate for the loss of a loved one. Financial compensation can, however, help to cover a lifetime of lost earnings for the family. If you, a loved one, or someone you work with has been injured in the workplace it is wise to contact a personal injury lawyer as soon as possible to go over the details of the case. We will be able to tell you what you are entitled to and if you are not getting that, we will aggressively seek to right that wrong. Settlements can be offered by employers and insurance companies that are far below the amount you could be receiving. A skilled attorney will know what is possible and how to fight for full compensation for you.
Workers’ compensation laws are slightly different in the state of New York than they are in other states. Virtually all employers, with very few exceptions, are required to carry workers’ compensation insurance from an authorized provider. Anyone who is injured or becomes ill at work or in conjunction with their job duties may be able to file a workers’ compensation claim in order to receive medical treatment and paid time off of work to recover. Unlike a personal injury claim, a workers’ compensation claim can be filed regardless of any negligence or carelessness of your employer. In fact, accepting workers’ compensation insurance is one way that employers can protect themselves from additional lawsuits from their employees.
Workers’ Compensation Claim Denials
Even though the injured party does not have to prove fault, their workers’ compensation claim may still be denied. One reason a claim might be denied is on the basis of not filing properly or not filing on time. Employers pay insurance companies fees in order to be covered under this line of insurance. Therefore, workers’ compensation claims are paid by the insurance companies rather than directly by the employer. Some employers may wrongfully classify their employees as contracted workers in order to avoid providing them with workers’ compensation and other health benefits. Even if your claim is approved, you may be getting denied certain benefits. Workers’ compensation is designed, for one, to pay an employee’s earnings while they are not at work. In New York, these earnings are paid on the basis of a certain percentage of the worker’s average wages. The insurance company will also take into consideration how serious the injury, illness or disability is.
In order to make sure that you receive your full scope of benefits, you must be sure to keep with the strict guidelines for the workers’ compensation filing process. The first step is that you should seek medical attention immediately. This is not only beneficial to your health, but it proves as a record that the accident actually happened. Your doctor must be sure to complete your medical report and send it to the district office in order to be processed (C-4 form). Within ten days of the accident, the employee must then submit a C-2 form to the injury board and the insurance company. Within 14 days of filing your C-2, you should be receiving a written statement from the insurance company about your rights as well as information on additional steps. Within 18 days of filing the C-2, you should begin to receive your workers’ compensation benefits. To learn more about the process or to bring a concern about your benefits forward, please contact a workers’ comp lawyer from our firm.
Workers’ Comp Lawyer
Often people who are injured on the job do not seek the services of an attorney. Unfortunately we have seen too many cases where the injured party had their claim contested by the insurance company, or the full compensation that could have been awarded was not. We strongly recommend that you meet with a proven professional from our firm to assess all the circumstances of your workplace accident. We will be able to determine if you are receiving the maximum compensation. If not, we can commit ourselves to rectifying that for you. Full financial compensation can help to speed your recovery. If you have had an accident at work or have a workers’ comp claim, contact a personal injury lawyer at our firm.