When someone is injured on the job, workers’ compensation rules govern how that injury should be handled. An experienced New York work injury lawyer can make a big difference in how quickly and effectively a worker gets the medical treatment they need, how much their bills are paid, and whether or not their claim is denied.
When it comes to work injuries, one of the most important things a person can do is to document everything clearly. This includes writing down the exact details of how the accident happened, noting any follow-up treatments and their outcomes, and detailing how the injuries have affected a person’s ability to live. This documentation will be invaluable in proving the nature of the injury and tying it back to the incident at work.
An Experienced Work Injury Lawyer Can Help Resolve a Denied Claim
Workers’ comp insurance companies routinely reject bona fide claims, and they do so because they are confident that most injured employees will not appeal their denials. However, having a knowledgeable work injury lawyer by your side to file an appeal with the state’s workers’ comp board significantly increases the likelihood that your claim will be approved.
In addition, a good work injury lawyer can help with third-party personal injury claims if a third party contributed to the accident that caused you to suffer workplace injuries. These parties could include subcontractors, property owners, equipment manufacturers or other individuals or businesses associated with your job site. Pursuing a third-party personal injury claim can allow you to seek additional damages beyond those covered by workers’ comp, such as pain and suffering and loss of enjoyment in life.
Permanent Injuries and Disabilities
If a workplace injury results in permanent limitations that prevent you from returning to your previous occupation, limit what you can do for your current job or keep you from working at all, then you may be entitled to weekly payments (or a lump sum) to cover your lost income. These cases can be extremely complicated and expensive for insurance companies, which means they will fight harder to avoid paying you what you deserve. A skilled workers’ compensation attorney can help you obtain the maximum amount of money available.
Depending on your age and the type of injury you suffered, your settlement may also include a Medicare Set-Aside agreement. These agreements allocate a portion of your workers’ compensation settlement to pay for future medical costs associated with your workplace injury. If you are Medicare-eligible, it is especially critical that you have an experienced work injury lawyer to ensure your settlement adequately covers all of your future medical needs.
The law was designed to prevent civil lawsuits involving work-related injuries, but there are some situations in which an employee can pursue a suit outside of workers’ compensation, including when a third party’s actions or serious misconduct contributed to their injury or illness (such as a negligent driver who hit you while you were on the job driving for your employer) or when your employers does not carry workers’ compensation coverage. Our attorneys can explain how these exceptions apply to your case and fight for your rights.
