TOP REASONS TO HIRE A WORKPLACE INJURY LAWYER IN NEW YORK

On-the-job injury can turn your world around. You are injured, bills in front of you, pay-check gone, and worried about the future. New York workers’ comp will help, but winning your case is not necessarily as simple as it seems. That is why, in such a case, a workplace injury lawyer in New York is your best friend.

Indeed, workplace injuries hurt thousands of New Yorkers annually. Recent reports count New York at over 140,000 on-the-job illnesses and injuries annually.

With occupationally apparent injuries, insurance companies willingly reject claims because of the amount to be paid. Decisive advocacy from a workplace injury lawyer in New York is needed more than ever.

This post explores some of the top reasons to get a workplace injury claim lawyer in New York to join forces with you in your case.

Overview of the complicated workers’ compensation system in New York:

The workers’ compensation system in New York is notoriously convoluted. Its medical treatment policies alone are contained in several pages.

That kind of complexity is an insurmountable obstacle for injured workers to navigate through the system and receive proper benefits.

The system operates under a no-fault structure, meaning you don’t need to prove your employer’s negligence to receive benefits. However, this doesn’t make the process simple. Workers’ compensation in New York typically covers:

• Medical expenses – 100% of injury-related medical bills with no co-pays or out-of-pocket expenses.
• Wage replacement – This is often two-thirds of your average weekly wage if you miss work for more than seven days.
• Disability benefits – Continuous payment in case of permanent disability, depending upon where and how much.
• Death benefits – Payment in cash to the relatives in case an employee dies while working.

The process is operated through antiquated timeliness, a paper jungle, and insurance companies. A workplace injury claim lawyer in New York will do their best to protect your profits and good health.

Common reasons for hiring a workplace injury lawyer in New York:

• Reason 1: Masterful navigating of legal subtleties.

A workplace injury lawyer in New York has the skilled knowledge that the average person just does not have. They understand the confusing labyrinth of workers’ compensation code, regulation, and procedure.

They understand what paperwork to complete, when to submit it, and how to properly start your case.

The legal process is a series of steps that need to be done accurately:

• Notifying your employer in writing within 30 days of injury.
• Forwarding Form C-3 to the Workers’ Compensation Board.
• Having Form C-4.0 signed by your doctor.
• Being within the time frame for the claim.

Failing to meet a deadline or filling out forms incorrectly means denial of the claim. A skilled workplace injury lawyer in New York does all these accurately and on time.

• Reason 2: Getting the most out of your compensation benefits

One of the primary advantages of hiring a workplace injury claim lawyer in New York is their ability to maximize your compensation. Insurance companies often try to minimize payouts, but these lawyers know how to assess your case thoroughly and fight for full benefits.

Research has shown that workers represented by workplace injury lawyers in New York get significantly more settlements than workers attempting to navigate claims on their own.

Workplace injury lawyers in New York fight for more benefits in the following areas:

• Correct calculation of your weekly average wage.
• Reimbursement for every medical expense.
• Fighting to receive appropriate disability ratings.
• Vocational rehabilitation as and when required.
• Other reimbursement sources.

 

• Reason 3: Avoidance of claim denial.

New York workers’ compensation is beset by denials being too common. Insurers controvert or deny at an estimated 10.3% rate. The most common reasons for denials are:

• Injury to the employer delayed reporting.
• Late filing.
• No medical reports.
• Missing or incomplete paperwork.
• Work-relatedness of the injury in controversies.
• Pre-existing condition claims.

Once you are denied your claim, you will not get any payment while your claim is under appeal. A workplace injury lawyer in New York can avoid denials occurring by properly completing your initial claim. If denials occur, they will appeal the denial in the appeal process.

• Reason 4: Handling insurance company tactics.

The insurance firms will do a thousand tricks to minimize their payments. They have battalions of lawyers, investigators, and adjusters who try to minimize their exposure. You cannot outmatch them unless you are represented by an experienced workplace injury lawyer in New York.

Some of the typical insurance company practices are:

• Denial of the severity of injuries.
• Persuading the jury that injuries occurred prior.
• Denial of medical procedures is necessary.
• Bullying quick, low-ball settlements.
• Persuading the jury that the claims are frivolous using surveillance.
• Processing claims slowly.

These tactics are known to an experienced workplace injury lawyer in New York, and they also know how to counter them successfully. They protect your rights and will never let the insurance companies take advantage of your condition.

• Reason 5: Preserving and saving valuable evidence.

Evidence vanishes within days of an accident in a work location. Witnesses forget everything, physical evidence is misplaced or destroyed, and security tape is erased.

A workplace injury lawyer in New York acts fast to preserve significant evidence in its original form.

Key evidence is:

• Medical history of the type and extent of injury.
• Employer or safety regulator reports of accidents.
• Statements of witnesses present at the time of the accident.
• Photographs of the accident location and the surrounding area.
• Earning and work documents.
• Expert opinion on causation of injury and impact.

Workplace injury lawyers in New York have access to resources from which they can fetch vast evidence for your case.

• Reason 6: Third-party claim investigation.

Most employees are unaware that they can make other claims under workers’ compensation. You can sue for additional funds if you were hurt on the job but hurt by someone other than your employer because you have a third-party claim.

Some common third-party scenarios include:

• Product liability – Defective machinery or equipment failure caused injury.
• Motor vehicle accidents – Another person caused an on-the-job accident.
• Premises liability – Negligent premises on someone else’s property.
• Contractor negligence – Contractor and sub-subcontractor negligence resulted in harm.

Third-party actions allow recovery of damages not recoverable under workers’ compensation, such as pain and suffering, entire lost wages, and punitive damages. The actions are instituted in law for personal injury, not for workers’ compensation law.

• Reason 7: No advance payment with contingency fees.

Most injured workers worry about lawyers’ fees when they are tight on money. Most workplace injury lawyers in New York operate on contingency fee representations, which don’t charge huge fees if they lose your case.

This contingency agreement:

• Avoids pre-payment legal expenses.
• Aligns lawyer interests with your success.
• Access to qualified legal counsel regardless of what ability to pay.
• Employ workplace injury lawyers in New York solely to accept cases only if they feel they can win.

The contingency system lets you get paid as your workplace injury lawyers in New York negotiate terms legally.

• Reason 8: Peace of mind while you recover.

If you have been injured at work, coping with stress is bad enough without trying to cope with complex legal procedures. Having your claim handled by a workplace injury lawyer in New York provides you with significant peace of mind.

Your workplace injury lawyer in New York handles:

• Filing and initial requirements.
• Insurance company dealings.
• Negotiating medical examinations.
• Negotiating settlement.
• Representation before hearings.
• Coordination of medical providers.

By doing this, you will be free from all distractions and can concentrate only on your physical and mental recovery with the satisfaction that your legal rights are being professionally taken care of.

• Reason 9: Long-term protection of your rights.

Occupational injuries impose long-term effects that are not immediately apparent. What appears to be an injury today that will only be temporary later becomes a life-altering condition needing constant therapy. A workplace injury claim lawyer in New York safeguards your long-term best interests.

Workplace injury lawyers in New York ensure:

• Future medical needs are included in settlements.
• Disability assessments properly factor in injury impact.
• Vocational rehabilitation is invoked if necessary.
• Claims stay active in the event of deteriorating conditions.
• All maximum benefits possible are sought.

Without a workplace injury claim lawyer in New York, you could accept a first offer that won’t be there in the future when your circumstances change.

Taking action: What to do next

If you have been hurt in a New York job accident, time is of the essence. The 30-day timeframe and complexity of the filing process make the need for taking swift action urgent. This is what you do next:

1. Notify your employer or boss of the workplace injury immediately.
2. Report to be examined by a physician from an authorized workers’ compensation medical network.
3. Take pictures of all your injuries – get witness statements, make notes.
4. Call a workplace injury lawyer in New York today to discuss a work-related injury.
5. Don’t give recorded statements to insurance companies without a workplace injury lawyer in New York being contacted.

Remember that in every situation, meeting up with a workplace injury lawyer in New York does not necessarily a promise of hiring them. Workplace injury lawyers in New York usually offer a free consultation where they will review your case and tell you what you can do.

Get help!

The workers’ compensation system in New York is there to help injured employees, but it is a bureaucratic nightmare to try to negotiate on your own. The insurance companies have full-time workers’ compensation professionals working on their side to cut them a check. You would rather have the same amount of expertise working for you.

At Gehi and Associates, our experienced workplace injury lawyers in New York level the playing field and ensure that you receive all the benefits and compensation you are legally entitled to. Let no insurance company trickery or process bureaucracy dissuade you from receiving the help you are entitled to and deserve.

Your future and your health aren’t worth gambling. Call our professional workplace injury lawyers in New York today and prioritize your future and rights!

 

FAQs for a workplace injury lawyer in New York:

1. How much will it cost to hire a workplace injury lawyer in New York?

Ninety-nine per cent of all lawyers handling workplace injury cases represent them on a contingency fee, usually 25% on workers’ compensation. Nothing whatsoever is taken out of your pocket first, and the workplace injury lawyer in New York only gets fees if they win your case for you. You usually pay no fees in the case of no recovery.

2. How much time do I have to file my workers’ compensation claim in New York?

You must inform your employer of your injury within 30 days and file your workers’ compensation claim within two years of the date your injury took place, or else your claim will be denied.

3. Will I be fired if I file a workers’ compensation claim?

No, you cannot be fired by your employer for making legitimate workers’ compensation claims. If you are retaliated against, you have more legal remedies and protection.

4. What if my workers’ compensation claim is denied?

Denied claims may be appealed once the process of the Workers’ Compensation Board hearing process is complete. Your appeal may be bolstered by a workplace injury lawyer in New York who can appear on your behalf before the judge.

5. Can I sue my employer for a work-related injury that I sustained in New York?

Typically, you have only a remedy against employers with workers’ compensation. You do have third-party claims against individuals who injured you, and certain Labor Law violations do give rise to other causes of action.

6. What type of benefits do I receive under workers’ compensation in New York?

They cover benefits including total medical protection, two-thirds of the lost wage after seven days, permanent disability, and death benefits to family dependents. Medical treatment under coverage has no deductible or co-payment.

7. Do I have to go to a specific physician for my work injury?

First, you must go see an MD who treats workers’ compensation claims and complete the forms. Second, yes, you do have some say in who your treating physician is going to be, but don’t play games with it.

8. How long are workers’ compensation payments made in New York?

Medical benefits continue if you are continually in need of treatment. Wage replacement benefits vary with the nature of your injury and your capacity to work. Permanent disability benefits can continue for as long as you are disabled.

9. What do I do immediately after a work injury?

Notify your employer immediately, seek medical attention, take a photo of the area if you can, have a witness present, and refer to the opinion of a workplace injury lawyer in New York on defending oneself.

10. Am I qualified for workers’ compensation and third-party settlement funds?

Yes, but in the case that you are receiving third-party benefits, you may owe your employer’s workers’ compensation carrier reimbursement for benefits already paid. A workplace injury lawyer in New York will accept settlements to recover as much as possible in your total recovery and comply with statutory requirements.