Our Workers’ Compensation Claim Process

You may be worried about your medical costs, and overwhelmed by the claims process. Insurance companies will be pressuring you to settle. You want an experienced attorney on your side who knows the ropes and will fight to get you the maximum benefits you are entitled to.

The New York Workers’ Compensation claim process is not easy. Submitting the relevant forms does not guarantee that you will be awarded the Workers’ Compensation benefits you deserve. The insurance companies will fight hard to give you the least amount they can. Often, workers are entitled to more than the minimum the insurance companies will offer. We can change that outcome for you.

Our clients tell us how well we handled their Workers’ Compensation claim, and how comfortable and clear we made the process. They say it’s the reason they choose us to take care of their claim and why they refer us to their co-workers, families and friends. We take the stress out of your Workers’ Compensation case, so you can focus on getting better and return to work as soon as possible.

We put you first! We fight to protect your rights and make sure you get the Workers’ Compensation you are entitled to. Insurance companies want you to settle and accept the least amount. We can change that outcome. Here are the steps we always take when handling your workers comp case:

When a client contacts us about a workplace injury, we schedule a phone consultation to get more information about their case. This consultation always takes place with one of our attorneys. Many law firms have the front desk take your information. We know you need an attorney to determine whether or not you have a case and, if you do, how we can help you.

As a rule, the first question we always ask is: Is this the first time you have been injured at work?
You would be amazed at how many clients have been injured at work in the past and didn’t know they were entitled to Workers’ Compensation. Even if you were paid for the time you missed from work, you may still be entitled to more benefits, such as receiving payment for your medical costs.

If there is a potential claim we can help you with, we will arrange a face-to-face meeting with one of our partnerswithin 1-2 days. We know we need to act quickly. We like to meet you in person so we can get all of the important details of your case and, if you have any worries or concerns, put your mind at rest. These details will help us assess your case.

Being prepared with the necessary paperwork speeds up your Workers’ Compensation claim process. We’ll tell you what you need to bring with you to our meeting. You will need any pertinent papers or documents that are related to your case. The further along your case is, the more papers you should have.

• Pertinent papers include:
  • Your accident report (your employer should have report on your workplace accident)
  • Contact number and name of the accident examiner – the person who investigated your accident
  • Hospital records (for example, emergency room records, discharge papers)
  • Medical reports
  • Pay stubs or documents from your employer that shows your salary
  • Any documents from your employers workers comp insurance company
    • If your case has already been filed this would include your C-3 File
    • Case number
    • Whether your case was accepted or denied (a lot of workers comp cases are initially denied but accepted on appeal)
    • Any documents from a previous hearing (if you are appealing a decision on your claim)
  • Additional relevant documents, such as a police report (if relevant)

We should note that if you are in serious need of an immediate medical referral we try to help you over the phone. However, we prefer meeting in person so we do not miss any important details from your case.

At your face-to-face appointment we review your papers, go over the details of your case and get as much information as we can to help file your claim. At this stage we also collect all of the proper insurance information and medical documents needed to get your payments started, your treatments authorized and to get your case on track for the first hearing.

We make sure you understand what the next steps in the process are and what they involve. The insurance companies and adjusters will try to pressure you into a settlement before an attorney can evaluate your case. You may be entitled to  much more than they offer. We want you to know exactly what to expect. These next steps are…

Too often, many workers who have been injured at work have to fight for their right to Workers’ Compensation benefits because of a simple mistake or lack of information on their paperwork. A well-written application can make or break your case in court. We complete and file all of the necessary paperwork, including the C-3 file (the form required for making a claim). We make sure your forms are complete and filled out correctly, and every detail is clear, so that you have the best chance of receiving your benefits as soon as possible.

As your attorney, we make sure the statute of limitations is met, and that a Workers’ Compensation Benefit case number is given. This number index’s the case with the Workers’ Compensation board and allows us to get a hearing. Don’t have your claim thrown out because of incomplete paperwork.

After we have met with you and began your claim process, the next step is to make sure you see the right medical care for treating your injury. If you need to be referred to a specialist, we will find one for you and arrange an appointment. This ensures we have copies of the medical reports essential for proving you are disabled and unable to work. These are required if you are to get paid and receive benefits.

Next, we investigate and determine whether there is a third party claim or a lawsuit. This involves seeing if a third party (other than your employer) is responsible for your injuries. For example, if you were in a car accident at work, the other driver would be a third party. Or, if you were injured on a construction site where there is a general contractor, they may be a third party in the claim. Accidents, such as falling off a scaffold are always a third party case. We coordinate the different claims and how it impacts your case.

Once we have determined the specifics of your case, we assign your Workers’ Compensation case to one of our expert attorneys who specialize in the specific area related to the claim. That gives you the benefit of their many years of experience with cases like yours. Rest assured you will be in capable hands.

We then prepare your case for going before the Workers’ Compensation Board. Remember, the Workers’ Compensation insurance company will fight all the way to give you the lowest amount of benefits possible.

Insurance companies are used to pressuring workers into accepting less than they are entitled to. They know this is a vulnerable and stressful time for you and they will try to capitalize on this. This is where it’s important to have a Workers’ Compensation lawyer who is willing to fight for the best possible outcome for you. We know what you are actually entitled to, and will get the maximum possible benefits for you.

If necessary, we will take your case to court. Many cases are settled out of court, but if it comes down to it and the case has to go to trial, we will be right there with you fighting tooth and nail to get you the benefits you are entitled to. You want an experienced attorney who knows the ropes in Workers’ Compensation cases to represent you through a court trial.

Our number one concern is always you, our client! We take the uncertainty out of your Workers’ Compensation claim and make the process clear, less stressful and bring it to a successful conclusion for you.

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