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New York Workers Compensation Lawyers
The New York workers’ compensation lawyers at Stanley Law Offices help individuals whose workers’ compensation claims have been denied or delayed. If you or someone you love was injured on the job, you may be entitled to compensation above and beyond your workers’ compensation claim.
Under New York workers’ compensation insurance, injured workers in New York state are typically entitled to coverage for health care, lost wages, and survivor benefits after a workplace accident. Under New York’s workers’ compensation insurance, injured workers may be entitled to receive medical coverage for medical care, dental care, surgery, and optometry care related to treating a workplace injury. Workers may also be entitled to receive coverage for any medicines or assistive devices they might need after they have been injured on the job. To receive coverage, workers may be required to seek medical treatment from a board-authorized workers’ compensation provider.
What are your rights regarding health care expenses after suffering a workplace injury under workers’ compensation insurance? Here are some things to keep in mind:
- You don’t have to pay health care providers for treatment following a workplace injury. It is the responsibility of your workplace’s workers’ compensation insurance provider to pay these bills.
- You may be responsible for bills if your claim is denied, however. If your claim has been denied, you can hire a workers’ compensation lawyer in New York to appeal the denial.
- Workers can be reimbursed for travel expenses and should keep receipts related to these costs.
- If one part of your workers’ compensation claim is under dispute, but another part is not under dispute, your employers’ workers’ compensation insurance must pay the undisputed part of the claim.
- If you were prescribed opioid pain relief and believe you have become dependent on these drugs, workers’ compensation insurance may be required to pay for substance abuse support services or treatment.
- Workers’ compensation insurance may require an independent medical examination. It is a worker’s right to bring someone to this exam and to videotape the exam. The results of the examination can impact your benefits. Some individuals speak to a workers’ compensation lawyer in New York if they are being asked to submit to this kind of exam.
Under workers’ compensation insurance, workers are also entitled to be compensated for a portion of their lost wages if their injury will keep them out of work for more than seven days or if a person’s pay is reduced because they must work fewer hours or perform other work due to an injury. The rate you might be entitled to receive for lost wages will depend on the “degree” of disability determined by workers’ compensation. Many claim disputes arise out of disputes regarding the degree of disability awarded to a worker. Disability “degrees” can vary as follows:
- Total Disability 100%
- Marked Disability 75%
- Moderate Disability 50%
- Mild Disability 25%
Again, different doctors might assess disability differently, and if you disagree with the level or percentage of disability you’re being told you have, you may have the right to appeal the determination. A workers’ compensation lawyer in New York can negotiate with workers’ compensation insurers or represent you in a hearing to dispute a disability determination. If you have questions about the weekly benefits you might be entitled to receive, you may want to speak to a New York workers’ compensation lawyer at Stanley Law Offices today.
Finally, if you are a family member of a loved one who passed away in a workplace accident, you might be entitled to receive survivor benefits under workers’ compensation. According to New York State’s Workers’ Compensation Survival Benefits, a surviving spouse or surviving children may be entitled to receive as much as two-thirds of the worker’s average weekly wage in the year before he or she passes away. Parents may also be entitled to seek survivor’s benefits. Families might also be entitled to receive money for funeral and burial expenses.
There are many reasons why workers’ compensation claims are denied. The key thing to keep in mind is that you have the right to appeal or dispute a denied claim, or compensation that you don’t think is right. The New York workers’ compensation lawyers at Stanley Law Offices may be able to help you appeal or dispute a denied workers’ compensation claim.
Contact a Work Accident Lawyer in New York Today
If you or someone you love was injured on the job, you may be entitled to compensation above and beyond your workers’ compensation claim, especially if your loved one’s workplace is negligent for the accident. When contractors or companies cut corners, serious accidents can happen. In situations where workers died on construction sites, 97% of the time, OSHA violations were found, according to the New York Committee for Occupational Safety and Health. When companies put their bottom lines above worker safety, accidents can happen. The New York work accident lawyers at Stanley Law Offices can work with you and your family to hold negligent contractors and employers responsible. We can help you navigate the workers’ compensation claim process and see whether a lawsuit or settlement might also be appropriate.
How a New York Work Injury Lawyer Can Help with a Denied Workers’ Compensation Claim
The New York work injury lawyers at the Stanley Law Offices understand OSHA safety regulations and New York State safety regulations. We also understand workers’ compensation insurance and the common reasons why workers’ compensation claims are denied. We can review workplace injury reports and conduct our own investigations to see whether workplace safety was compromised, and fight to hold employers or contractors accountable when they violate safety laws or labor laws. We can also gather evidence and build a strong case to defend or appeal a wrongfully denied workers’ compensation claim. What are some reasons why workers’ compensation claims get denied? Here are a few:
- A missed deadline is one reason why a workers’ compensation claim might be denied. But if it was your employer’s fault for failure to make a claim on time, then you might have rights.
- An employer might claim that you were under the influence of drugs or alcohol when you were injured and try to deny claims on these grounds.
- If you fail to use an approved medical provider, your claim might be denied. Before seeking treatment, check with your employer about which medical providers are approved under your workers’ compensation claim. Obviously, in the case where an employer or fellow employees had to call 911 or where you had to seek emergency medical treatment, you might not have time to check over an “approved list” of medical providers.
- If there were errors in your paperwork, or if your injuries were not properly documented, you could end up with a denied claim.
- Workers’ compensation insurers may try to claim that your injury was the result of a pre-existing condition. In the case of some injuries that result in back or neck pain, workers’ compensation insurance might try to dispute the claim because these kinds of injuries are common and could also happen off the job. Having a work injury lawyer in New York to present evidence and support your case can make a difference in the outcome of your case in this situation.
These are just some of the reasons why a workers’ compensation claim might get denied. Sometimes workers are blamed for their accidents, and sometimes employers fail to honor their duties to keep their workers safe. If you have been hurt on the job, contact a New York work injury attorney at Stanley Law Offices today to learn about your rights and next steps. If your workers’ compensation claim has been denied, the workers’ compensation lawyers in New York at Stanley Law Offices may be able to help you with your appeal or hearing.
Contact a Job Injury Lawyer Today
If you’ve been hurt on the job in New York, you have rights. You may have the right to receive compensation for lost wages and coverage for medical care under workers’ compensation insurance. If your employer was responsible or negligent for your injury, you may even have the right to sue your contractor or employer. You may, however, only have a limited time to make a claim, or to appeal a denied claim. A job injury lawyer in New York at Stanley Law Offices may be able to help. Our job injury lawyers can review your situation and help you understand the next steps. If a loved one died on the job, you may be entitled to survivor’s benefits, as well as funeral and burial expenses.
The aftermath of a workplace injury can be devastating for victims and their families. The workers’ compensation insurance claim process can sometimes get confusing and complicated. Before you accept a partial disability determination or accept a settlement from your employer, consider reaching out to the New York job accident lawyers at Stanley Law Offices today. You might be entitled to more and have the right to appeal a denied or underpaid claim. The job injury lawyers in New York at Stanley Law Offices can help you every step of the way.