What does a workers' compensation defense attorney do?

What does a workers’ compensation defense attorney do? They help you fight for the benefits you deserve. You take the right steps, but your workers’ compensation claim may still be disputed or denied. 

Seek the advice of a qualified workers’ compensation defense attorney. There are many ways a lawyer can boost your chances of recovering the maximum amount of coverage possible. Your attorney can also help you prepare for common reasons for denial, file an appeal after a denial, and explore options for recovering further damages from any liable third parties.

The Weinstein Law Group offers free consultations at no risk or obligation to you. Give us a call at (212) 741-3800 or contact us online to find out how a workers’ compensation attorney could help you with your case. 

Whether you’ve very recently been injured and want to make sure you cover all your bases or your claim has been denied and you need help with the appeals process, meeting with one of our qualified workers’ compensation defense attorneys can help get you on the path to recovery.

Overview of a New York City workers’ compensation case

The workers’ compensation laws in New York allow you to recover damages without proving negligence. This means that regardless of whether an accident may have been your fault, another employee’s, or your employer’s, you will remain eligible for workers’ compensation. One of the few exceptions to this is when you intentionally injure yourself, or when an employee or employer intentionally injures you. 

You may still need coverage through the worker’s compensation system in the latter two examples, but it also opens up the possibility of directly suing your employer or coworker for their intentional harm. However, these situations are rare, and when your case does not involve intentional harm, there is usually no way for you to seek damages directly from your employer. 

In some cases, despite seeming to meet the criteria for compensation, you may have your claim denied. This can mean having some aspects of coverage denied or having your claim denied in full.

A seasoned workers’ compensation attorney will be able to help you determine what aspects of your claim should or should not meet NY workers’ compensation board criteria. Your attorney can also help you determine whether or not you’re eligible to seek recovery for your injuries outside of the workers’ compensation system. 

In either case, your attorney can help you with each step of the claims process.

Typical workers’ compensation claims process in New York

Immediately after an accident, get first aid and inform a superior of your injury. It is best to do this as soon as possible, but not all injuries and accidents are the same. Sometimes an injury may only express itself some time after the related accident or work-related trauma caused it, such as if you’ve developed a repetitive stress injury in your back. 

In these cases, you should seek medical attention and inform your employer of your injury as soon as you’re aware of it.

Within 30 days of the accident, notify your employer in writing. Again, you’re allowed 30 days from the date of the accident or when you become aware of an injury, but notifying your employer as soon as possible is prudent in these cases.

Within two years of the accident, OR within two years of the date you knew or should have known that an injury was related to your job, you must file a claim by mailing form C-3 to the appropriate office. The Workers’ Compensation Board website offers full details on this process.

If your claim is approved, you should begin receiving payments within 18 days of receipt of your employer’s report of the work-related injury or illness. 

If your claim is denied, you should be given a list of reasons for the decision. You can file an appeal within 30 days.

Attorney’s role in a workers’ compensation case

What does a workers’ compensation defense attorney do? 

When you hire a lawyer for your workers’ compensation case, their main priority is to help you obtain benefits. Preferably, this help would come at the very beginning of the process, right after the injury occurs and you’ve seen a doctor. This allows your attorney the maximum amount of time to prepare your case.

A workers’ compensation attorney can help you at any point in the claims process, whether you’ve just been injured and are planning on filing a claim, or if you’ve already filed and have been denied. In any case, there are many ways they can help.

During the claims process

Your attorney should be able to answer any questions you have during the claims process. They can assist you with finding appropriate medical care, coordinate with doctors and other medical providers to obtain the proper documentation, communicate with your employer on your behalf, and take care of any paperwork you would otherwise have to handle on your own.

An experienced workers’ compensation attorney should also be a skilled negotiator, as it is often the case that insurance will try to provide as little coverage as possible. Your defense should be prepared to counter with a fair assessment of what your injuries and lost wages from missed work are worth.

Your lawyer should also be able to identify potential third parties that may have had a hand in your accident, giving you potential options for recovery outside of a workers’ compensation claim.

During the appeals process

If your claim has been denied, your attorney should be able to quickly get you up to speed with the appeals process, represent you in any hearings or mediations, and communicate with insurance on your behalf.

There’s a range of common tactics insurance companies use to deny hurt employees the benefits they deserve. Some of these tactics include claiming your injury or illness was pre-existing, defining your injury as “non-compensable” by claiming it was not caused by job-related duties, and claiming you failed to provide the necessary medical documentation.

An experienced workers’ compensation attorney will be aware of these tactics and more to help you bolster your defense against unfair denials. 

Our New York workers’ compensation attorney is ready to help

Whether you’ve just been injured and are in the earlier stages of filing your workers’ compensation claim or you’ve already been denied compensation that you believe you deserve, a seasoned New York workers’ compensation attorney can help you come out of your case with the best possible results.

The Weinstein Law Group has been helping the victims of workplace accidents recover the damages they need to recover medically and financially for over 30 years and is prepared to help you with your case today. Call us at (212) 741-3800 or contact us online to schedule your free consultation today.