Navigating Workers’ Compensation Claims in New York: Do You Need a Lawyer, and What Are the Costs?

Workplace injuries can be life-altering and devasting. If you are injured while on the job in New York, you likely are entitled to workers’ compensation benefits.

However, understanding how workers’ compensation claims work and whether you need an attorney, and if there are any associated costs can be overwhelming.

How Do Workers’ Compensation Claims Work in New York?

Workers’ compensation in New York is a system designed to provide economic assistance and medical benefits to employees who have suffered injuries or illnesses related to their job. Here’s a typical breakdown of how the process usually works:

Reporting the Injury:

As soon as you’re injured at work or become aware of a work-related illness, report it to your employer or supervisor immediately. Failure to report the injury promptly could jeopardize your claim.

Seeking Medical Treatment:

You should seek immediate medical attention for your injury or illness ASAP.

Notify Your Employer:

Your employer is responsible for filing a workers’ compensation claim with their insurance carrier once they’re aware of your injury or illness. They should also notify you about your rights and responsibilities in the process. However, from experience they are more worried about protecting themselves then they are you, the employee.

Investigation:

The insurance carrier will investigate your claim, including reviewing your medical records and any supporting evidence. Once again, they are not looking out for you and are likely trying to find a way to deny your claim. Do not forget a lawyer is a fiduciary and has to have your best interest front and center the insurance company does not. The insurance company have their interest front and center.

Benefit Approval:

If your claim is approved, you may be entitled to various benefits, including medical coverage, wage replacement, and vocational rehabilitation if needed. A workers’ compensation lawyer is advised here to make sure you get everything you are entitled to. A worker’s compensation lawyer will almost always offer a free consultation.

Return to Work:

Your healthcare provider will assess when you can return to work. You may also have to see the insurance doctor and once again, that doctor is hired by the insurance company who does not have your best interest in mind.

If you can’t return to your previous job, you may be eligible for job placement aid or vocational training. Once again, you may entitled to a lump sum also.

Do You Need a Lawyer for a Workers’ Compensation Claim in New York?

First as a workers’ compensation lawyer, I would always recommend to friends or family to get one. There is no out of pocket cost associated with a lawyer and I have never seen a case, where a workers compensation lawyer did not get the client much more.

However, if you are debating a lawyer for your workers’ compensation claim in New York depends here are some factors to consider:

Simple Claims: If your injury is minor, and your employer’s insurance company approves your claim without issues, you may not need a lawyer. However, I stress once again its always advisable to consult with a workers’ compensation lawyer.

Disputed Claims: If your claim is denied or disputed by the insurance company, it’s prudent to consult with an experienced workers’ compensation attorney. They will help you appeal the decision and navigate the legal process.

Preventing Retaliation: If you fear retaliation from your employer for filing a claim, legal representation can protect your rights. This should never ever be a reason not to pursue a case. Not only do you owe it to yourself but you owe it to your family as a caregiver to young children your diminished capacity to provide them down the road should not taken lightly.

Are There Costs Associated with Hiring a Workers’ Compensation Lawyer?

Workers’ compensation attorneys in New York normally work on a contingency fee basis, meaning they only get paid if you receive benefits. As such, you do not need to worry about upfront legal costs.

Conclusion:

Navigating a workers’ compensation claim in New York can be challenging, but understanding the process and when to seek legal help is crucial to protect you and your family. If you have been injured on the job, do not hesitate to consult with a experienced workers’ compensation attorney to protect your rights and ensure you receive the benefits you deserve.