Guide to Finding New York Workers Compensation Lawyer

If you are injured on the job, you are entitled to compensation for your injuries and medical expenses. New York workers compensation lawyers work outside the courtroom to ensure you receive proper compensation. In many cases, you will not need an attorney’s help. However, you may be unable to collect what you are owed. NY workers compensation lawyers can argue your case before a judge if need be. Here are some things to consider if you are injured on the job.

Workplace injuries

Almost all employers are required to have some form of workers compensation insurance. When you experience a workplace injury, you should report it to your employer within 30 days. Do this in written form. Establishing a documentation trail at the outset makes it easier for NY workers compensation lawyers to act on your behalf.

As soon as you are injured, your first responsibility is to look after your health before seeking the help of any NY workers compensation lawyer. Seek medical treatment and document all of your expenses. You are entitled to consult any doctor, regardless of what your employer says. You should also document your injury with the nearest office of the Workers Compensation Board. Make sure any physician you consult makes note of all injuries. New York workers compensation lawyers cannot help you with any injuries that have not been documented.

While dealing with your employer, you may be asked to sign documents. You should consult a New York workers compensation lawyer if this is the case. If you do not understand what you are agreeing to, you may waiving benefits you are entitled to.

Seeking compensation

The extent of your injuries and when you were injured will determine what kind of compensation a NY workers compensation lawyer can help you receive. A report from your doctor may not be sufficient. Your employer’s insurance company can have a doctor of their choice examine you. If you feel this examination understates the extent of your injuries, you may want to consult a NY workers compensation lawyer. You may be entitled to various weekly cash benefits or just medical care.

When these kinds of benefits are assigned, the question of who is at fault becomes irrelevant. Unless you were drunk or impaired, you are entitled to compensation even if you were partially at fault. Similarly, your employer does not have to actively caused your accident. NY workers compensation lawyers do not focus on assigning blame but rather making sure you receive your benefits.

In some cases, you may not receive the benefits you are entitled to. You can request a hearing to resolve your claims. You have the right to be represented by a New York workers compensation lawyer without paying a fee up-front. The judge who hears your case will decide how much you fee and remove it from any compensation you are awarded.

Complications

Though workers compensation proceeds along a speedy timeline, your case may be reopened later. You have up to 18 years from the time of the accident to reopen your case. A NY workers compensation lawyer can help you if your condition has declined or you wish to pursue a permanent settlement.

Sometimes you may be offered a Schedule 32 agreement by your employer’s insurance company. This is a private settlement. If you accept this, you will never be able to reopen this case. No matter how lucrative the offer seems, you may want to ask a New York workers compensation lawyer to review it before committing yourself.

Despite your injury, you must begin seeking work as soon as possible. If you are not able to resume your old job, find a new workplace. An insurance company may claim that you are not seeking employment, which would mean you are not entitled to compensation. In this case, you may want a New York workers compensation lawyer to help prove that you are seeking work and should not have your benefits terminated.

Fraud

Allegations of fraud are grounds for an insurance company to cut off your payments. For example, if you have a pre-existing condition, they may claim your injury was a result of that rather than because of any damage you sustained in the workplace. These allegations are serious. Insurance companies retain New York workers compensation lawyers to help them. If you are charged with fraud, you will also want an attorney’s help to defend yourself and make sure you keep receiving your benefits.

Finding a New York workers compensation lawyer

You do not need an attorney in many cases of workplace injury. If you do need counsel, you will not need to pay a New York workers compensation lawyer up front. In fact, the state’s laws prohibit you from paying an attorney directly before a hearing. Be wary of any NY workers compensation lawyers who attempt to charge you regardless.

Unless your case is complicated, you will not need representation. However, if you are involved in a dispute with your employer or an insurance company, you may want to consult a NY workers compensation lawyer who can assist you in negotiation and understanding the legal process. Ask friends and family if they have worked with any trustworthy attorneys. You may also ask the New York State Bar Association to refer you to a NY workers compensation lawyer.

If you need legal representation, you will need to act fast. This does not mean you should engage the first New York workers compensation lawyer you talk to. Interview as many attorneys as you need to until you find someone you are confident can represent you competently and act in your best interests. Arrive with all your medical expenses, insurance paperwork and any other documentation for your NY workers compensation lawyer to examine. Until they are possessed of all the facts relating your case, no attorney will able to offer you advice. Hopefully, you will be able to receive the benefits you are legally allowed without the help of New York workers compensation lawyers.