New York Workers Compensation Lawyer

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Employers in New York are required to carry insurance to cover employees in case they are hurt on the job. Injuries can include any type of accident at work, or overuse injuries like carpal tunnel syndrome. When you are injured at work, you have the right to file a claim for worker's compensation benefits through your employer. Make sure you follow all the instructions given by your employer to file a claim. The insurance carrier will either decide to approve or deny your claim. If they deny it, you will probably need a workers' compensation lawyer to appeal the denial so you can get your benefits.

Workers' compensation is a type of insurance that provides restitution for medical care for employees that are injured while in the place of employment, in exchange for the forfeit of the employee's right to sue the employer under the umbrella of negligence. Plans fluctuate according to different state court districts, though they can be made for weekly payments instead of wages as a type of disability insurance, compensation for past and future economic losses, the payment or reimbursement of the medical expenses as a type of health insurance, and benefits payable to the depends of workers who were killed as a type of life insurance.

Under workers' compensation laws, both employer and employee have responsibilities. An employer must provide insurance coverage or maintain a self-insurance fund, and post information specified by the state in a prominent place so that all employees have access to it. An employee has an obligation to read the posted information and to report an injury or occupationally related illness within the allotted time. Non-compliance by either party can have costly consequences.

Most workers' compensation laws also provide employers and co-workers with a specific level of protection, by putting a cap on the amount an employee can receive from an employer. This level of protection is also accomplished by prohibiting the ability of the employee to sue their co-workers. Worker's compensation acts as a no-fault system wherein an injured worker's own negligence, or that of the employers is not put at the fore front, but rather the employee is simply covered for those injuries sustained at the work site.

When you file a worker's compensation claim, you are dealing with an insurance company. If you have a small claim, the process will be relatively easy, and the company will most likely approve it; if your claim is larger or overly complicated, however, there is a good chance you will receive a denial. If this happens, you can file an appeal with the worker's compensation agency in New York. A judge will review your case and decide if the denial should stand or if the insurance company should pay. This can be a lengthy, complicated process, and will require the services of an experienced attorney.

Unless you are fully aware of your rights, and have consulted with a workers' compensation attorney, you can do serious harm to your case by talking to an insurance company claims adjuster. After all, the insurance adjuster's sole purpose is to save the insurance company money. They may attempt to get you to incriminate yourself somehow, or to make a statement that can be used against you in the denial of your claim.

The state of New York does not limit attorney's fees like other states, but all fees must be approved on a case-by-case basis by the worker's compensation agency in your city. Don't worry if you cannot afford an attorney; most will take your case on contingency, so you will need no money down and will pay only if your case is successful and wins you an award. Your lawyer will be there through the depositions and in the courtroom. They keep up with all the deadlines and roadblocks the insurance company will lay out in front of them so you don't have to. You may be required to see your doctor every thirty days and to attend independent medical exams. Your attorney will explain the whole process, and he/she will assist you through the many challenges that accompany a fight with an insurance company.


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