Our lawyers will tell you that when a person is injured in the workplace, they have a right to receive the benefits they deserve. You should never be left to suffer the consequences of a workplace accident without the assistance of workers’ compensation benefits. Unfortunately, the process can be complicated and may result in several issues that may impact your ability to retain the benefits you deserve. Polsky, Shouldice & Rosen, P.C. is dedicated to providing skilled and experienced representation to allow for the smoothest process possible and that you are able to maximize your benefits and compensation you are entitled to when you most need the support.
Common issues injured worker may face when trying to access benefits include:
MISTAKES WITH FILING A WORKERS’ COMP CLAIM
One of the most common problems faced by injured workers are mistakes with the claim they have filed. Errors when completing paperwork are common reasons injured workers have difficulty in obtaining their benefits. In some cases, these issues can be quickly rectified once your lawyer determines the reason behind the denial. Common mistakes might include:
FAILING TO REPORT THE INJURY
The entire process for obtaining workers’ compensation benefits depends on an employer receiving notice of any work-related injury which prevents an employee from earning full wages for five or more days. New York law requires that the employer give notice of the injury to its workers’ compensation insurer so that the process for determining eligibility can begin.
If you have suffered a work related injury, do not assume that your employer is aware of it. Do not assume your employer will take appropriate actions on your behalf, even if you believe your employer learned about your accident or illness.
This starts the benefits process and is the best way to establish a firm foundation for your right to receive workers’ compensation benefits.
REPORTING TO YOUR EMPLOYER FIRST
When you arrive at the doctor’s office in need of medical help, your physician needs to know about your injury. Your doctor’s job is to help you get better, not to report your injury to your employer so that you can receive workers’ compensation benefits for which you are eligible. With respect to all injuries sustained in your work related injury, be as accurate and detailed as possible with your doctor.
MISLEADING EMPLOYER ADVICE
Simply put, your health insurance plan is no substitute for workers’ compensation benefits, and it’s not meant to be. Many or all of these benefits are not available under your private health insurance.
It also limits your choice of physicians to approved medical providers and likely imposes requirements and restrictions on where you’re treated and how much treatment you receive. Your health coverage pays your medical bills, typically while requiring that you pay deductibles or copayments.
All of your reasonable and necessary medical costs are covered by workers’ compensation. It allows you to receive treatment by the physician of your choice, at the same time providing disability benefits while you are unable to work.
FAILING TO REPORT REPETITIVE INJURY
A series of events can lead to a workplace injury for which you are eligible to receive workers’ compensation benefits. Your injury does not have to result from one incident. Those who become disabled due to repetitive activities such as lifting can obtain benefits under the New York workers’ compensation law. In addition, cumulative trauma and repetitive motion injuries such as carpal tunnel syndrome and tendonitis are covered.
YOU HAVEN’T MISSED WORK, SO YOU DO NOT FILE A CLAIM
When workplace incidents result in serious injuries, employees often remain at work and take no time off for medical treatment and recovery. For some, this may be a matter of dedication to their employer, while others may want to avoid using sick time or even fear losing their job and livelihood. In any case, if you’ve suffered an injury at work, it’s important to seek prompt medical attention so that you can regain your best possible health.
Other common reasons include:
- Errors on paperwork
- Failing to seek medical treatment
- Not completing paperwork on time
Receiving a claim denial doesn’t mean injured workers should give up hope. It’s possible to correct these issues and receive the benefits you are entitled to.
YOUR EMPLOYER DISPUTES THE CLAIM
Our lawyers will tell you that there is nothing more disheartening than to have your employer dispute the claim that you are dependent on. No person should be left to carry the burden of their losses following a job-related accident on their own. However, there are many reasons your employer might dispute the claim:
- They do not believe you were injured at work
- Your injury or incident is not covered
- Your injury was pre-existing
- You waited too long to report the injury
- There were no witnesses to the accident
- Injuries were intentional
YOU ARE FACING A THIRD PARTY CLAIM
Third party claims are a way to receive compensation for some of the damages victims of work-related accidents may be facing. In some cases, victims of work-related accidents may be able to seek compensation from someone other than their employer in the form of a third party claim. Third party claims can be filed against a person or entity who can be held liable. It may be possible to seek compensation through both workers’ compensation insurance and another responsible party.
Contact a New York workers’ compensation lawyer at Polsky, Shouldice & Rosen, P.C. for help today.
