Astoria, Queens Workers Comp Lawyers
New York City | Brooklyn | Bronx Workers’ Compensation Lawyers
If you have been injured at work and you need to file a workers’ compensation claim, here are some basic questions to ask to ensure you get the representation you need:
Should You Hire an Attorney to Handle Your Workers’ Compensation Claim?
You’ve been hurt at work and it’s a pretty clear-cut case. You can complete and file the application for benefits, right? You don’t need a lawyer to help you, do you? At least that’s what the workers’ compensation insurance providers will tell you.
Experienced NYC | Brooklyn | Queens | Bronx Workers’ Compensation Attorneys
What If You Have Been Found to Be Permanently Partially Disabled?
In the aftermath of a work-related injury, when you file a workers’ compensation claim, certain determinations will be made regarding the nature of your disability. Is it temporary or permanent? Is it total or partial? The benefits you received will differ based on these findings.
With a finding that you are permanently partially disabled, the workers’ compensation judge has concluded that your injury does not necessarily keep you from working at all, but that your medical condition is not expected to get any better, at least with respect to the injury you suffered. Because your disability is considered to be permanent, there’s a requirement under New York law that you continue to receive some level of workers’ compensation benefits.
The Lengths to Which Workers’ Compensation Insurance Companies Will Go to Deny a Claim
It often seems like a workers’ compensation claim should be simple—you were hurt at work, you have witnesses, you even have a medical opinion. But here’s what you need to understand–workers’ compensation insurance companies have a vested interest in paying as little as possible to settle your claim—so does your employer.
Workers’ compensation insurance companies make their money by maximizing premiums and minimizing payouts—it’s that simple. So they’ll look for any opportunity to deny your claim and they’ll use their size and financial resources to make you keep fighting. Your employer’s workers’ compensation premiums are based, in part, on the number of claims the insurance company has to pay on their behalf. The more claims, the higher the premium, so you can see the incentive to reject your claim.
Under the laws of New York, if you have been hurt on the job, you have a right to seek benefits under the state’s workers’ compensation system. The program is what has been commonly referred to as the “grand bargain.” Essentially, this means that workers and employers should both benefit from the system—workers can have quicker access to needed benefits, without the need to go to court; and employers can avoid the often exorbitant awards juries hand out.
A New York man has been charged with at least two criminal counts after authorities say he wrongfully collected workers’ compensation while self-employed. The defendant had repeatedly reported to workers’ compensation officials that he was not working at all. Documents filed with the court indicate that, during a 13-year-period, the man received more than $82,000 in workers’ compensation payments while earning in excess of $370,000.
Six Year Battle Finally Brings Workers Compensation Payment
After six years of trying to collect on an approved workers’ compensation claim, a Queens employee of the MTA has finally seen a payment. Werner Schuler, a longtime employee of the Metropolitan Transportation Authority, injured his knee back in 2008 and was unable to perform his job for more than a year. He sought workers’ compensation benefits and ultimately won his grievance, but until recently had not seen a dime of the money.
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