When you’ve been injured on the job, it should be a simple process to get the workers’ compensation benefits to which you are entitled, right? It’s just a matter of notifying your employer, getting confirmation of your injuries from a doctor, and filling out the appropriate paperwork, isn’t it? So you’ve done that, but now you’ve received a notice that a hearing will be scheduled to determine whether you’ll get benefits. Why would there need to be a hearing? Here are some of the reason the workers’ compensation judge may schedule a hearing.
Your Employer May Challenge the Claim
Your employer may decide to challenge your claim, for a number of reasons. Remember, your employer pays workers’ compensation insurance premiums and those premiums are based, in part, on the number of claims the insurer has to pay out every year. Accordingly, your employer has a vested interest in minimizing the number of claims and the amount of money paid annually in workers’ compensation claims. Your employer may argue that your injuries were not work-related, or may contend that the severity of your injury does not prevent you from working.
The Insurance Company May Contest the Claim
The workers’ compensation insurance carrier also has incentive to minimize payouts, and will typically require that you be examined by a doctor of their choosing. Based on the report they receive, they may also allege that you have the ability to continue working. Additionally, they may disagree with the dollar amount of the claim and request a hearing to challenge the wage information used to calculate your benefits.
You Request a Hearing
Of course, if the workers’ compensation insurer denies your claim, you can also ask for a hearing, where you can introduce evidence to support your claim.
Experienced Workers Compensation Attorneys in New York
At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in Queens and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.
To learn more about the full scope of our practice, see our practice area overview page.