Because workplace accidents frequently happen in New York and often have a devastating impact on the workers by leaving them with a lifelong disability or affecting them financially, you would think Worker’s Compensation is straightforward to acquire. When a worker is injured on the job, they need medical treatment and take months to rehabilitate themselves fully back at the workplace. Medical treatment and rehabilitation victims are undergoing cost money, and they are not at work; therefore, they are losing money. It can be devastating for a workers compensation claim to be denied because workers compensation includes benefits that cover medical expenses tied to their injury or disability. Additionally, they can receive a partial replacement of the wages they are losing if they cannot work for an extended period. These wages can help them stay afloat, and if they are permanently disabled workers compensation is how they get their disability payments.
There are many reasons for initial claims to be denied, and a New York workers’ compensation lawyer is going to be able to help you with that. But before we dive too deeply into how your lawyer can help, you should talk about some of the reasons your initial claim might be denied, especially if you did not work with a lawyer before filing.
A workers compensation lawyer has witnessed firsthand the challenges that can come with a work-related injury, especially when further complications occur, such as retaliation. Workers compensation is a benefit available to most full-time employees, and it’s a protected activity, meaning it’s illegal for an injured employee to suffer retaliation due to accepting workers compensation. As an injured worker, it’s important to understand workplace retaliation and the possible signs that retaliation is present. Working with a firm like Polsky, Shouldice & Rosen, P.C. can play a crucial role in handling the workers compensation case and ensuring the proper steps are taken should retaliation be present.
Workers Compensation, A Protected Act
If the person injured on the job is a full-time employee of the company, they should be able to access workers compensation benefits after an on-the-job injury. Workers compensation is a benefit available to help injured employees be made whole after the accident. Typically, workers compensation offers benefits such as:
- A Portion of Lost Wages
- Medical Care
- Vocational Training
- Death Benefits
- Disability Benefits
Workers compensation is a no-fault system, meaning regardless of whether the employee or employer is at fault, the injured party has a right to access available benefits. Additionally, in exchange for accepting these benefits, the employer is protected from the possibility of a lawsuit. Unfortunately, sometimes when an employee is injured and files for workers compensation, it’s possible that they may experience retaliation from their employer as a result, which is illegal and requires legal representation.
Claims Process
The claims process is fairly simple to start. You are injured at work. You seek medical attention, notify your employer, and seek legal counsel. Your lawyer helps you fill out all the necessary paperwork which is then filed so that you can receive your compensation during your injured time off work. However, upon review of your paperwork your claim may be denied for several reasons: if you did not use a lawyer, you may have done the paperwork wrong; your employer may have some contradictory evidence showing your injury might not be work-related; etc.
To try and avoid a denial, it is best to work with a lawyer from the start. Contact an attorney today at Polsky, Shouldice & Rosen, P.C. for help.
