Workers’ Compensation Lawyer in Elmira, New York
The workers’ compensation lawyers in Elmira, New York at the Stanley Law Offices can help you navigate the workers’ compensation claim and appeal process if you, or someone you love, was hurt in a workplace accident. The aftermath of a workplace injury can be very difficult for victims and their families. The road to recovery following some injuries can be long. Individuals who have been hurt on the job might become disabled and unable to return to work. Navigating unexpected medical and rehabilitation bills, while also trying to figure out how you’ll make ends meet can be especially stressful and challenging.
When navigating the workers’ compensation claim process, you might wonder what your claim is worth. You might wonder whether you’re entitled to receive partial or total disability through workers’ comp. You might wonder what your rights are and what your next steps should be if your claim has been denied or delayed. The workers’ compensation lawyers in Elmira, New York at the Stanley Law Offices are here to help. If you have questions about workman’s comp, we have answers.
Why Do Workers’ Compensation Claims Get Denied in Elmira, New York?
If your workers’ comp claim was denied in Elmira, New York, you might be wondering what your rights might be, might be wondering why your claim was denied, and might be wondering what your next steps should be. Workers’ compensation claims get denied for many reasons. The best way to figure out why your workers’ compensation claim might have been denied is to reach out to an Elmira workers’ compensation lawyer today.
Here are some common reasons why workers’ compensation claims get denied:
- Claims Deadlines Weren’t Met. If you’ve been injured on the job, you have 30 days from the date of your workplace injury to report your accident to your employer. If you delay in reporting your accident or in making your claim, your claim could be denied. Of course, there are legitimate reasons why people might delay in reporting an injury. If your injury was due to illness and it wasn’t clear that your illness was workplace related right away, or if your injury was due to repetitive strain, the diagnosis process might have been delayed. The key thing to keep in mind is this: as soon as you suspect that an injury or illness is workplace related, you should report the injury to your employer as soon as possible. The workers’ compensation lawyers in Elmira, New York at the Stanley Law Offices can help you with the reporting and claim appeal process.
- Inadequate Evidence / Documentation. Workers’ compensation insurance pays claims based on the evidence provided. If your employer failed to properly document your injury, if you failed to provide complete medical records when making your claim, or if there were other gaps in your claim, your claim might have been denied on the basis of inadequate evidence. A skilled workman’s comp lawyer in Elmira, New York at the Stanley Law Offices can review your case, gather evidence, and resubmit your claim with sufficient evidence.
- Pre-Existing Conditions. Some injuries are so common that workers’ compensation insurance adjusters might try to find any way they can to avoid paying out the claim. For example, back or neck injuries due to repetitive strain are quite common. It isn’t uncommon for workers’ comp to claim that disability was due to a pre-existing condition. You don’t have to accept this determination, though. If you can prove from your medical records that the severity of your disability, or that your inability to work stems directly from your workplace injury, you should be able to make a successful claim, even for common injuries like back pain, back injuries, or neck injuries. A workers’ compensation lawyer in Elmira, New York at the Stanley Law Offices may be able to help.
- Worker Negligence. If you were under the influence, intoxicated, or if the injury was due to your own extreme disregard for workplace rules and procedures, workers’ compensation may deny your claim. Sometimes employers might try to pin the blame on workers to avoid having to open a claim or make a payment. If these claims are being wrongfully made, a workers’ comp lawyer can help you fight back.
- You Didn’t Seek Treatment from In-Network Providers. In an emergency, you are permitted to call 911 and seek available emergency care, but when it comes to follow-up care for a workplace injury, it’s always a good idea to consult with your employer first. If you fail to seek follow-up care or rehabilitative services from an in-network provider under your employer’s workers’ compensation insurance, your claim could later be denied.
- You Were Misclassified as an Independent Contractor. If you were classified wrongly as an independent contractor, your employer might try to claim that you are not covered under workers’ compensation insurance. Most workers should be covered under workman’s comp. If your employer has told you that you don’t qualify, you might want to speak to a workman’s comp lawyer in Elmira, New York at the Stanley Law Offices to evaluate your case, and worker classification.
These are just some of the reasons why workers’ compensation claims get denied in Elmira, New York. If your specific workers’ compensation claim was denied, you have the right to appeal the denial. A workman’s comp lawyer in Elmira, New York at the Stanley Law Offices can help.
Disability Classifications for Workers’ Comp
When you make a workers’ compensation claim, workers’ compensation insurance will determine whether you have been disabled because of your workplace injury. There are four main disability classifications:
- Total Permanent Disability: Workers’ compensation determines that because of your workplace injury you will never again be able to work.
- Partial Permanent Disability: Workers’ compensation determines that because of your workplace injury, you can return to work, but only on a limited basis. This limitation is expected to be permanent.
- Total Temporary Disability. Workers’ compensation determines that because of your workplace injury, you will not be able to return to work, but only for a limited period of time.
- Partial Temporary Disability. Workers’ compensation determines that because of your workplace injury, you will be able to return to work, but only on a limited basis or to perform limited duties, but this disability is expected to be only temporary.
It’s important to keep in mind that workers’ compensation may initially classify your injury as a temporary disability until a designated time for maximum medical improvement has passed. Usually, workers’ compensation insurance waits around 2 years to give you time to achieve maximum medical improvement. For this reason, a workers’ compensation claim involving serious injury can often be an ongoing process. If you need help understanding why workers’ compensation classed your disability the way it did or want to appeal the disability designation you’ve been assigned, reach out to the work injury lawyers in Elmira, New York at Stanley Law Offices today.
The disability classification you receive will determine whether you are entitled to receive a lost wages settlement for a temporary period or permanently following a workplace injury. As you can imagine, your disability classification can be a major factor in the value of your workers’ compensation settlement amount. The workers’ compensation lawyers in Elmira, New York at the Stanley Law Offices can review your case and fight insurance companies if they misclassify your disability.
How Much is My Workers’ Compensation Claim Worth?
The value of your workers’ compensation claim will depend on many factors. Workers’ compensation insurance adjusters will look at your medical bills, the nature of your injuries, the nature of your job, and your ability to return to work, before making a determination about your claim.
Factors that can impact the value of your claim include:
- The severity of your injury and the kind of disability determination workers’ compensation makes.
- How long you are expected to be out of work.
- Your medical and rehabilitative costs.
- Your wages.
- And more.
If you have questions about what your workers’ compensation claim might be worth after a workplace injury, reach out to the work injury lawyers in Elmira, New York at the Stanley Law Offices today. Our workplace injury attorneys are here to help you understand what your claim is worth, and we can negotiate with workers’ compensation if the settlement you are being offered is less than your claim is worth.
Contact an Elmira, New York Workers’ Compensation Lawyer Today
The Elmira, New York workers’ compensation lawyers at the Stanley Law Offices can be reached at 1-800-608-3333. Contact us today for a free, no obligation initial consultation. We can take the time to review your case and help you understand what your next steps should be.
