5 Reasons You Need a NY Workers’ Compensation Attorney

Have you been injured at work and need to file a Workers’ Compensation claim? Whether you have repetitive stress injuries, had slip or fall accidents or motor vehicle accidents, there is one common factor with Workers’ Compensation – the system is complicated!

shutterstock_239421826

You do not need to have to have an attorney to file a Workers’ Compensation claim and get the Workers’ Compensation benefits you are entitled to. However, a Workers’ Compensation attorney is an expert in this area of the law and they can be an invaluable help throughout the Workers’ Compensation claim process. Wondering why having the help of a Workers’ Compensation attorney might be your best bet Here are 5 reasons:

1. To Make Sure You Get The Benefits You Are Entitled To

For some Workers’ Compensation cases, your employers Workers’ Compensation carrier will make you a voluntary offer to settle your case. Sounds great right? Wrong!

It is in the insurance company’s and your employer’s best interests to try to settle your claim for as little as possible. Without the help of a Workers’ Compensation attorney, in most cases you will only get about one-quarter of the benefits your claim is actually entitled to.

The purpose of Workers’ Compensation is to help cover your lost wages and medical bills while you recover from a workplace injury (see the mostcommon workplace injuries). These are benefits you are entitled to under the law, but if your insurance company has their way, they can prevent you from getting your full benefits.

A Workers’ Compensation lawyer will be able to advise you on what benefits you are actually entitled to.

2. You Are Not A Workers’ Compensation Expert

And you shouldn’t have to be! Workers’ Compensation laws are complicated, and they differ from state to state. To make sure you file your claim correctly and get all of the benefits you are entitled to, you need to work with an expert who knows the system inside out.

When filing a Workers’ Compensation claim you have to report your accident and file the right paperwork, by the right deadlines, with all the right documents to support your case.

If you are missing any of the documents you need to support your case, you will find it more difficult to get your Workers’ Compensation benefits or you may even get less benefits than you are entitled to. Working with an attorney who is an expert in this area and who knows the system will take the pressure off you, so you can recover and be safe in the knowledge that they will make sure you receive all of your benefits.

3. To Make Sure You Get The Right Medical Care

If you are hurt at work, the first thing you need to do is get the right medical care. By law, your employer and their insurance company has to make sure you can access proper medical care.

There is a problem though. The insurance company is fully entitled to dictate where you receive your medical treatment. They are allowed to select the doctors that treat you and provide all of the documents to support what their authorized doctor diagnoses and prescribes. As this doctor is working with the insurance company, they can try to downplay your injuries so you receive less compensation.

There is also the possibility that the insurance company will tell you they will not cover medication or cover a referral that your doctor has prescribed.  They cannot do this. They must cover everything the doctor prescribes.

In either of these circumstances, a Workers’ Compensation lawyer can help you get your treatment authorized. They will do this by filing a motion with the Workers’ Compensation court.

shutterstock_287842265

4. Your Employer Or Insurance Company Are Disputing Your Claim

If your employer or the insurance company are trying to dispute your claim, you need to get talk to a Workers’ Compensation lawyer right away. They will be able to advise you on whether your accident is entitled to a claim and will help you through the steps you need to follow to get your compensation.

5. Your Claim Was Denied

If your claim has been denied, don’t just accept this outcome. You have no idea how many claims are denied, but are awarded compensation on appeal (see some of our previous success stories).  If you were injured while carrying out your job duties, you are more than likely entitled to Workers’ Compensation.

Insurance companies know injured workers (like you) are vulnerable and scared. Sometimes they try to take advantage of this and deny claims, thinking you won’t fight back. But you can!

You can appeal, but appeals are complicated! They are even more complicated without the help of a lawyer who knows the system. A Workers’ Compensation attorney will know what your best options are and will improve the chances of your appeal being successful.

shutterstock_287677535

Workers’ compensation cases are confusing, and they can be very stressful. The most important thing for you is to ease the burden while you are trying to get better. This is where a Workers’ Compensation attorney can come in. We are here to answer any questions or worries you have, and to help you navigate the complex Workers’ Compensation world.

Disclaimer: For informational purposes only. This is not a substitute for legal advice. If you need legal advice please contact us.