When an employee is injured, timely notification to the employer and establishing a direct connection between the injury and work are critical. A workers compensation lawyer will help you navigate the complex issues involved in your case.
Employers and insurance companies use a host of tactics to deny claims or reduce benefits. Your workers comp attorney will fight for the maximum benefits available to you.
Medical Treatment
In New York, almost all employers must carry workers’ compensation insurance to pay for medical treatment and a portion of lost wages when employees are injured on the job. However, the process for filing a claim and getting appropriate care can be complicated, especially for those with minor injuries or illnesses that may not show up on X-rays or other tests.
A workers’ comp attorney can ensure that all necessary paperwork is completed correctly and submitted on time, safeguarding against administrative blunders that could jeopardize your claim. He or she can also assist in gathering documentation and obtaining expert witnesses for your case.
An attorney can also help you obtain an independent medical examination (IME). This exam verifies the legitimacy of a reported work injury or illness by assessing whether it is related to your job. It can also assess the extent of your disability. He or she can also pursue third-party personal injury claims, if applicable in your case.
Negotiation
The workers’ compensation system requires a great deal of evidence to support an injured worker’s claims. This includes obtaining work and medical records, deposing witnesses, and scheduling independent medical examinations. A workers’ compensation lawyer can help ensure that this evidence is properly collected and submitted.
Psychological injuries are also compensable under New York workers’ comp laws. However, they are harder to prove than physical injuries. A workers’ comp attorney can assist with obtaining appropriate documentation, such as stress-related symptoms and a history of job-related conflict or excessive workload.
Insurance companies sometimes try to deny workers’ comp claims or minimize their payouts. A workers’ compensation attorney can represent your interests at a hearing and call expert witness testimony to substantiate your case. They can also help you negotiate a lump sum Section 32 buyout if you want to settle your claim. In addition, they can assist with filing an application for review of a decision that you disagree with.
Hearings
A workers compensation hearing takes place after a dispute between you and your employer’s insurance provider. A hearing can resolve issues such as the degree of your disability or the carrier’s denial of requested treatment. Typically you will have to submit medical reports, witness testimony, and employment records to your lawyer prior to the hearing.
During the hearing you will be placed under oath to testify truthfully. The judge will ask you questions and the insurance company’s lawyers will have a chance to question you as well (called cross-examination). You may also need to present witnesses such as coworkers who witnessed your accident, doctors that specialize in treating work injuries, or a vocational expert to evaluate your ability to find other jobs. Get advice from work injury lawyers brisbane before you decide your lawyer!
Hearings are held at district offices of the Workers’ Compensation Board. In some cases, you can attend your hearing via video conference called a virtual hearing. If you are not happy with the judge’s decision, you can file an appeal.
Appeals
Despite the best efforts of insurance providers, workers are sometimes denied benefits or given low settlement offers. In such cases, the worker may choose to file an appeal with the Board of Appeals or another superior court. A skilled workers compensation lawyer could help an injured employee navigate the complex appeals process and increase the chances of a successful outcome.
If a decision made by a law judge is unfavorable, either the worker or their employer/insurance provider may apply in writing for board review within 30 days of the judge’s decision. The case will then be reviewed by a panel of three Board members, who can affirm, modify or rescind the original decision.
Some workers’ comp claims may also warrant a civil lawsuit against outside parties, such as manufacturers of defective equipment that caused your injury or illness. A workers compensation lawyer could help you pursue these claims in order to maximize your settlement. Your legal advocate would handle all aspects of the lawsuit, including examining witnesses, presenting evidence and arguing in your behalf.