Denial of Workers Compensation Claims
Tips from Workers Compensation Lawyers Queens NY Offers
The denial of workers’ compensation claims can pose significant challenges for employees who have suffered injuries on the job. Understanding your rights and the avenues available for contesting such denials is crucial. At Polsky, Shouldice & Rosen, P.C., since 1991, we have dedicated ourselves to advocating for the rights of injured workers in Queens, NY, ensuring they receive the compensation they rightfully deserve.
Going through any type of injury is a stressful experience. However, if you were injured in the workplace and you are not receiving fair compensation, it can be extremely frustrating and scary due to financial challenges. If this is your situation, you should consider working with a trusted legal team who will put your best interests as their top priority: Polsky, Shouldice & Rosen, P.C. We are workers compensation lawyers in Queens NY who are dedicated to protecting the rights of injured employees.
The Struggle for Fair Compensation
Experiencing an injury in the workplace can lead to a multitude of challenges, not least of which is securing fair compensation. When injuries are compounded by financial strain due to unfair compensation practices, the situation can become unbearable. Our team at Polsky, Shouldice & Rosen, P.C. is committed to guiding you through this complex legal landscape, placing your best interests at the forefront of our efforts.
Common Grounds for Claim Denial
Understanding why workers’ compensation insurers may deny claims can provide valuable insights into how to effectively counter such decisions. Common reasons include:
- Lack of Witnesses: Insurers may question the legitimacy of claims that lack eyewitness accounts. Reporting the incident immediately to supervisors and coworkers is vital.
- Inconsistencies in Reporting: Discrepancies between accident reports and medical records can lead to claim denials. Consistency in your accounts is key.
- Presence of Illegal Substances: Claims may be denied if medical tests reveal illegal drugs in the employee’s system at the time of the accident.
- Post-Termination Claims: Filing a claim after being laid off or fired can raise suspicions, leading to denials.
Taking Action: How to Respond to Claim Denials
Facing a claim denial is not the end of the road. Key steps to contest the decision include:
- Prompt Reporting: Always report injuries immediately to mitigate disputes over the incident’s occurrence.
- Consistent Communication: Ensure your accounts to healthcare providers and supervisors are consistent.
- Seek Legal Counsel: Engaging with experienced workers’ compensation lawyers can make a significant difference in overturning denials.
Partnering with Polsky, Shouldice & Rosen, P.C.
Choosing the right legal team is critical. Our commitment to protecting the rights of injured employees sets us apart. With a track record of success since 1991, we are equipped to navigate the complexities of workers’ compensation claims, striving for the best possible outcomes for our clients.
Understanding Workers’ Compensation Claims
Filing a workers’ compensation claim should ideally be a straightforward process, but it can quickly become mired in complexity. Whether it’s due to employer resistance or insurance company tactics, legal assistance may become necessary. From gathering evidence to representing you in hearings, a skilled lawyer can provide invaluable support.
WORKPLACE RELATED INJURIES INFOGRAPHIC
The Value of Legal Representation
Navigating workers’ compensation claims requires not just legal knowledge but also strategic insight. At Polsky, Shouldice & Rosen, P.C., we bring both to the table. Our expertise allows us to counter common tactics employed by insurers and employers, aiming to secure the compensation you need for recovery.
When to Consider Legal Help
If you encounter any of the following scenarios, seeking legal assistance is advisable:
- Complex Claims: If your claim involves severe injuries, potential permanent disability, or contentious issues regarding fault.
- Denied Benefits: If your legitimate claim has been unjustly denied, legal intervention can be crucial.
- Retaliatory Actions: If you face workplace retaliation for filing a claim, legal protections can safeguard your rights.
Workers Compensation FAQs
If you’ve recently been injured at work, you may want to speak with Queens NY workers compensation lawyers from Polsky, Shouldice & Rosen, P.C. A lawyer can help you file a timely workers compensation claim and protect your legal rights. He or she will guide through the entire process and give you peace of mind.
Why Do Workers Compensation Claims Get Denied?
Many initial workers compensation claims get denied for one reason or another. For example, if your employer doesn’t believe that you were injured at work or you have a preexisting injury, they may decide to reject your claim. Likewise, if you didn’t report your injury by deadline, your claim can get rejected. While it can be discouraging to get your initial claim denied, you don’t have to give up. If you believe that your employer wrongfully denied your claim, you can file an appeal.
Can I Still Get Workers Compensation Benefits If the Accident Was My Fault?
This is a common question that people have when filing for workers compensation benefits. They may worry that they can’t receive compensation if the accident was their fault. However, fault isn’t actually a factor considered in workers compensation cases. Therefore, if you got into an accident because you weren’t paying attention, you can still get compensated. On the other hand, if you got hurt while you were under the influence of alcohol or drugs, your workers compensation claim will be denied.
Can I Obtain Workers Compensation Benefits If There Were No Witnesses?
Yes. As Queens workers compensation lawyers can confirm, witnesses have no bearing on a workers compensation case. In fact, witnesses aren’t usually present at a work accident. As long as you were injured while performing work duties, you may be eligible for benefits. Just be sure to notify your employer about your injuries as soon as possible. In New York, you’re required to report work injuries within 30 days of the accident.
Should I Disclose Pre-Existing Injuries?
Absolutely. Some workers may neglect to tell their doctor about pre-existing injuries because they’re afraid their case will get denied. However, trying to hide pre-existing injuries can hurt your case even more. It’s actually quite common for people to injure the same area more than once. It doesn’t mean that your current injury isn’t legitimate. You may still receive compensation for it. However, if your employer is trying to reject your claim because of a pre-existing injury, you should let your lawyer know.
Can I Make a Claim Against a Third-Part for My Injuries?
Yes, if a third-party contributed to your work injuries in some way, you may be able to file a separate third-party claim against them and receive higher compensation. For instance, if you drive as part of your job and were in a car accident caused by a distracted driver, you may have a third-party claim. Likewise, if you were injured by faulty equipment at work, you may file a claim against the manufacturer.
Schedule a consultation with Queens workers compensation lawyers from Polsky, Shouldice & Rosen, P.C.
What Is Workers Compensation?
Workers compensation is an insurance program that provides compensation to individuals who got hurt on the job. The amount of money you might receive from a workers compensation claim depend on several factors, like the severity of the injury and the cost of your medical bills.
If your workers compensation lawyer Queens NY respects wins your case, you may have the options of choosing between a lump sum and a structured settlement. In a lump sum settlement, you agree to receive a single payment as compensation. If you choose a structured settlement, you may receive smaller payments over a period of time.
Are All On-the-Job Injuries Covered?
Workers compensation covers the majority of injuries endured on the job, even if the injured employee was technically responsible. However, there are a few instances where workers compensation plans may not apply. For example, if an employee was under the influence of drugs or alcohol during the incident, workers compensation may likely be denied.
Workers compensation policies may also restrict compensation for self-inflicted injuries, injuries that occurred while the employee violated employee conduct, and injuries suffered while an employee was committing a crime.
When you meet with a workers compensation lawyer Queens NY counts on for the first time, try to remember every detail about the incident. The success of a workers compensation claim may be determined by small factors.
What Can a Workers Compensation Lawyer in Queens NY Do?
Although it is possible to file a workers compensation claim by yourself, you may get a better outcome if you hire an experienced workers compensation lawyer Queens NY relies on. Here are some of the benefits of working with a Queens NY workers compensation lawyer:
- Gather Sufficient Evidence: A workers compensation lawyer may help you gather all the necessary evidence you need to prove your case. After reviewing your case, he or she may know what evidence is required to get you fair compensation.
- Negotiate a Fair Settlement: A workers compensation lawyer may likely know the value of your claim and may negotiate with the insurance company to win you a fair settlement.
- Representation at Hearings: Going to your hearing can be very intimidating, especially if your claim was initially denied. An experienced workers compensation lawyer may help you prepare for hearings and may act as your representative during settlement negotiations.
Is a Lawyer Necessary to get Workers’ Compensation?
If you’ve been seriously injured on the job, you may benefit from speaking with workers’ compensation lawyers Queens, NY trusts from Polsky, Shouldice & Rosen, P.C. A free consultation could help you decide if you need an attorney.
For many people, hiring Queens workers’ compensation lawyers has been beneficial when filing a claim or lawsuit. This article could help you decide if it’s time to call some experienced workers’ compensation lawyers in Queens, NY from Polsky, Shouldice & Rosen, P.C.
Contact Workers Compensation Lawyers Queens NY Recommends
Workers’ compensation claims represent more than just legal challenges; they are critical to the well-being and recovery of injured workers. At Polsky, Shouldice & Rosen, P.C., we understand the stakes. Our commitment to our clients goes beyond legal representation; we offer support, guidance, and unwavering advocacy. If you’re facing difficulties with your workers’ compensation claim, don’t navigate this journey alone. Contact us for a consultation and let us fight for the compensation and justice you deserve.
Polsky, Shouldice & Rosen, P.C. is here to provide the expert legal assistance you need. Reach out to our team for a free consultation, and let us help you secure the compensation you’re entitled to. Visit our website or call our office to schedule your appointment today.
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