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At Polsky, Shouldice & Rosen, P.C., our team of New York Workers Compensation Lawyers are seasoned legal professionals who have vast experience handling workers comp cases. Unfortunately, we have often seen how an employee’s claim may get wrongfully denied by their employer’s insurance agency. Or, if they are approved, they may not be getting the maximum compensation needed to cover their medical expenses and other losses.

Under no circumstances should you be paying out of your pocket for a workplace accident that was no fault of your own. If you or someone you love was recently in a workplace accident and was seriously injured, we encourage you to retain our legal services. 

An Asset To Workers Comp Claim Denials

Our law office can prove to be a considerable asset in fighting a wrongfully denied workers compensation claim. Many workers do not realize that they can petition against a denied claim and instead accept the denial and end up suffering physically and financially because of it. Our team can offer support as you go through the following steps in fighting a claim denial:

  1. File an appeal with the Appeals Board. This necessitates that forms are completed entirely, precisely, and without error. Any mistakes may cause your appeal to be delayed or dropped. We can review the documents you have to fill out and confirm that there are no errors before submission.
  2. You will get a notification about your appeal hearing, where you will have the chance to tell your side of the story to the judge. It is imperative to the outcome of your appeal that you are prepared, have supporting evidence, and understand how the hearing will go.

Please note that if you were approved for workers’ compensation but disagree with the course of treatment suggested by your assigned doctor, you may need help from a NY Workers Compensation Lawyer to intervene and correct the situation. 

How and Why Workplace Retaliation Happens

Those who have been approved for workers’ comp benefits after a workplace injury may start to notice that they aren’t treated the same as they used to be (and for the worse). Maybe your boss has moved to another department, reduced your pay, created a hostile environment, or discouraged you from applying for workers’ comp benefits altogether. These are all examples of workplace retaliation and can happen due to an employee utilizing a workers’ compensation program. This behavior against the worker is unlawful and discriminatory, and prompt action must be taken immediately with help from a lawyer to prevent the situation from escalating further.

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Remember, you do not have to accept a worker’s comp claim denial, and you may be entitled to filing an appeal. We understand that you may be overwhelmed, in pain due to the injury, and need money to get the care you need. Call Polsky, Shouldice & Rosen, P.C. today for more information about how a Workers Compensation Lawyer in New York can protect your best interests. 

Managing Common Workers’ Compensation Issues

Our New York workers’ compensation lawyer 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:

  • Not completing paperwork on time
  • Failing to report the injury
  • Errors on paperwork
  • Failing to seek medical treatment

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 New York workers’ compensation lawyer 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. 

As an injured worker, obtaining workers’ compensation is not always as straightforward as it may initially appear. Our experienced team at Polsky, Shouldice & Rosen, P.C., can provide you with the support you need. We will fight for your rights and ensure that you can make the most of the benefits you deserve. Don’t put yourself in a position where you are walking away with far less than you deserve. Contact our New York workers’ compensation lawyer to get started.