Denial of Workers Compensation Claims

Workers’ Compensation Lawyer Queens, NYThe 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.

If you sustained a serious injury while at work, experienced workers compensation attorneys in Queens NY will probably tell you that it’s best if your claim is approved the first time. The sooner you get started on a claim and make sure the details are accurate, the more likely it will be processed and approved. Otherwise, you might have to pay for medical expenses out of your own pocket, and you might have to call in sick without pay until you recover. That’s a double whammy. Those are all issues you don’t have to deal with. Avoid the headache by doing your claim the right way. Workers compensation can be tricky to understand, but a good legal team will spend the time with you to simplify the process. Call Polsky, Shouldice & Rosen, P.C. to schedule a complimentary consultation with a knowledgeable workers compensation lawyer from our firm.

We have extensive experience handling claims for injured workers. We also have an outstanding record of success in gaining the maximum amount of compensation possible for our clients. This is because of our years of experience and because we have a thorough understanding of employment law and workers compensation. A qualified and reputable lawyer knows how important it is to go above and beyond for every client. We are committed to fighting hard for our clients and building the best case for them so they can get back on their feet and speed up their recovery. While an attorney can provide a thorough explanation of how workers compensation is handled, there are recommended action steps clients should take to increase the likelihood of an approved claim early on. Here are five suggestions we have that can improve your chances of getting your claim approved the first time. However, one of our workers compensation attorneys in Queens NY will be happy to handle the claims process for you, even if your claim was initially denied.

  1. Get medical attention for your injury. Request copies of all of the doctor’s notes and your medical receipts in order to include them in your claim. Make sure each symptom you’re experiencing is noted and double check the accuracy of the doctor’s report. After an injury, it’s best to seek medical help right away, whether or not you feel fine after suffering an injury. Not taking this step can send the wrong message to insurance companies, making them inclined to dismiss your claim. This can go a long way towards proving that your injury is valid. You don’t want your claim to be rejected because you refused to get the proper medical attention. 
  2. Notify your employer or supervisor that you sustained a workplace injury and how it happened. As soon as you can, take notes about what date and time you notified them, what you told them, and their responses. Having the detailed record will strengthen your evidence. What precautions or warnings were put in place after the injury occurred? Was your employer’s action appropriate and timely? Later, if they accuse you of not having notified them, you can counter with your documentation.
  3. As soon as possible, talk to anyone who witnessed your workplace accident. Obtain their contact info for future reference. Ask them to write in their own words with as much detail as they can what they saw in terms of how the accident happened and any other relevant information. Ideally, get their testimony on video as well. Using your cell phone to record it should be fine, as long as the video and audio are clear.
  4. Take photos if possible of your workplace where the accident occurred. Do not move anything at the location or adjust any objects in the area. Be mindful to take photos from every angle and make sure your photos aren’t blurry.If you’re unable to do this, request a coworker to do this on your behalf. It’s important to get as many images of the hazardous condition or details relevant to your accident, and to do this before your employer removes the hazard. It’s possible that they could claim the hazardous condition never existed, and so having visual proof can greatly enhance the strength of your workers compensation claim.
  5. Hire a law firm whose Queens workers comp lawyers have a good track record of negotiating settlements for their clients. Your lawyer can review your case, examine your documentation and paperwork, and provide guidance as to strengthening your claim. If needed, one of our Queens workers comp lawyers can refer you to a trusted physician who can provide a second opinion as to your condition. This is important because your employer’s workers compensation carrier will probably require that you see one of their doctors. Their doctor is not necessarily going to provide an objective opinion as to the extent of your injury or how you might have sustained it. The doctor could claim your injury isn’t serious, or that it’s not possible that you were injured in that way at work. That’s why it’s recommended you get another doctor’s opinion as well in case crucial details in the medical report are downplayed or left out. 

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

FIVE COMMON TYPES OF 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.

Client Review

“Justin was amazing for me. Walk me threw the step of how everything works start to finish and just made me feel comfortable. Also got me a lot of money. Had to throw that in. If anyone looking for a good attorney for comp this would be the place. Thanks buddy for everything!”
Vinny Verderosa
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Brooklyn Office:

Contact Our Brooklyn
Workers Compensation Lawyers

300 Cadman Plaza West One Pierrepont Plaza 12th Floor, 11201
(718) 875-0909