Should You Get a Workers Comp Attorney?

Last updated on: April 12, 2023

If you have been injured on the job in New York, you probably have the benefit of workers’ compensation insurance that will compensate you for your medical costs and lost wages. Workers’ compensation is a no-fault system, so even if you are to blame for a workplace accident, you should be able to collect benefits for your injuries.

You may be wondering how long you can collect workers’ compensation benefits. The ideal scenario would be that your worker’s compensation benefits would effortlessly kick in to allow you the time and medical attention you need to heal and get your life back on track. Unfortunately, getting the worker’s comp benefits you deserve is not always that simple. Before you make any decisions, it is important that you speak with one of the top-rated Queens workers compensation lawyers.  Call now: (646) 701-7990.

Why You May Need a Workers Comp Attorney After Filing for Workers Compensation Benefits in New York

Not all workers compensation claims will need the assistance of an attorney. The system is designed to be easy for injured workers to file a claim. But there are some scenarios when you may need the assistance of a New York workers compensation lawyer to get a fair settlement, such as when:

  • Your benefits are denied. — A vast majority of employees who get denied by workers comp don’t go any further to pursue them. If you have been denied workers compensation benefits, you have the right to appeal or turn to other legal recourse.
  • Insurance is blaming a pre-existing condition for your issue. — Unfortunately, workers compensation insurance will use previous health conditions as a reason to deny your benefits. They may argue that your pre-existing condition was the cause of your issue, not a workplace accident.
  • Your employer denies that your injury happened at work. — Your employer may deny that your injury or condition happened at the workplace or because of the nature of your work. An experienced workers compensation lawyer will be able to establish the connection between your injury and your work.
  • Your settlement doesn’t cover all your costs. — Workers comp settlements aren’t always good ones. If you think that your offer is not sufficient to cover your costs and lost wages, you will want the assistance of a New York workers compensation attorney.
  • You can’t work for an extended time or you are permanently disabled. — These scenarios can be costly for the insurance company, and they may try to avoid paying benefits or try to reduce benefits if you have a serious or permanent injury. An experienced workers compensation lawyer can help you maintain the benefits you deserve.
  • You have rights to a third party claim. — You may have a claim against another party in the workplace that isn’t covered by workers compensation. You have the right to hold that party accountable. A skilled workers comp attorney will help you hold the third party responsible for your injuries.
  • Your employer is retaliating. — If your employer has cut your hours or salary, is harassing you, or has fired you after you have filed a workers comp claim, they have violated policy. Hiring a workers compensation attorney can help you old them accountable for their actions.
  • You disagree about your ability to work. — If the insurance company or employer is claiming you can return to work if they modify your duties (all to reduce your benefits) and you disagree, it’s essential to get the advice of an experienced workers compensation attorney.
  • You plan on applying for Social Security disability benefits. — Workers compensation benefits can affect your Social Security disability benefits if not properly structured. You should hire a workers comp lawyer to make sure that your settlement is structured properly.
queens workers compensation attorney
Queens workers compensation attorney

What are the Available Workers’ Comp Benefits for Injured Workers in New York City?

Workers in New York City who are hurt while working and have workers’ compensation benefits can potentially receive compensation for their economic losses. 

  • Medical benefits cover all the necessary medical expenses, such as hospitalization, surgery, medication, rehabilitation, and more. However, you must seek treatment from a pre-approved physician, except in an emergency.
  • Indemnity benefits or lost wages can be claimed if you are unable to work for more than seven days. You can receive wage replacement benefits, which amount to two-thirds of your average weekly wage before the injury, multiplied by the percentage of disability.
  • Death benefits are also available in tragic circumstances where a work-related injury or illness results in an employee’s death. In this case, surviving family members can receive compensation to cover funeral expenses and financial support loss.

Workers’ compensation benefits don’t typically include non-economic damages like pain and suffering. It is critical to hire a skilled New York workers’ compensation lawyer to navigate the complicated process of obtaining benefits, including gathering evidence and negotiating with insurance companies. At K L Sanchez Law Office, P.C., our team of experienced Queens workers compensation attorneys may be able to help ensure that you receive the compensation you deserve. Call us at (646) 701-7990 to schedule a consultation.

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