New York workers who sustain injuries while working are entitled to Workers’ Compensation benefits. Based on the type of injury, the law sets cash benefits as well as medical care for the injured person. However many employers and their insurance carriers complicate the workers’ compensation process to deny the victims the benefits they deserve. If you are hurt while working, a skilled workers’ compensation attorney can positively influence the settlement of your claims.
When you get hurt on the job, it may be in your interest to pursue compensation for medical expenses and lost wages. Your application can be approved without involving the courts. You should be cautious when dealing with your employer’s workers’ compensation insurance company as it can make an offer which is usually a raw deal. If you cannot agree with your employer or the insurer, a workers’ compensation judge or referee may adjudicate a hearing. Below are some reasons that can lead to a trial.
- Your company challenging your claim, asserting that you did not get hurt on the job, or your injuries shouldn’t stop you from working
- The workers’ compensation insurance company contesting the type of your injury claim or your inability to work. The company can pose a challenge due to inaccurate or insufficient medical information, conflicting opinion from a doctor hired by the insurance carrier, or lack of wage information for determining the right amount for your claim.
The judge weighs the evidence and testimonies from both sides to conclude whether you are eligible for an award and the correct amount. Workers’ compensation lawsuits tend to move fast, and judges don’t have time to explain the law exhaustively to the contending parties. There fore, you may not understand what to do to protect your legal rights. Your employer or the insurance company will have experienced attorneys. Hence, you should consider having legal counsel from a qualified lawyer during the hearing.
A seasoned workers’ compensation lawyer will gather evidence before the case commences and build a strong argument in your favor. Be wary if the insurance company asks you to sign some papers as the agents don’t have the best interest of people seeking compensation. Their aim is to deny you or to persuade you to accept an offer far from what is justified.
Immediately after a workplace accident, contact a workers’ compensation attorney immediately to protect your rights and interests.