WORKERS COMPENSATION ATTORNEY
A New York City Workers’ Compensation Attorney can help you recover lost wages, pay medical bills, and obtain benefits from disability if you are not able to return to work. When you suffer an injury that arises out of your employment, you are entitled to receive workers’ compensation benefits. If you fail to file a claim promptly, it may result in losing your right to receive these benefits. There are many specific regulations related to obtaining workers’ compensation benefits. The Platta Law Firm can help you navigate these complex regulations to ensure that you receive the workers’ compensation benefits you deserve. An experienced attorney is necessary in handling both personal injury and workers’ compensation claims. This Firm will identify whether you have a valid personal injury action in addition to your workers’ compensation claim, and we will handle both cases with expertise and efficiency. Our primary goal is to help you and your family achieve peace of mind in knowing that The Platta Law Firm will get you the compensation that you deserve.
A Workers’ Compensation Attorney in New York has a duty to make sure that a claim is handled in a way which maximize benefits to the injured worker. In New York, workers’ compensation laws are in effect to ensure that every employee who suffers an injury during the course of their work is able to receive benefits to cover lost earnings and medical treatment. The laws in New York cover a wide range of scenarios, specifically to protect workers who incur workplace injuries. The purpose of these laws is to safeguard the injured worker such that he/she is not left with unpaid medical bills and expenses.
The compensation you may be entitled to in New York includes coverage for travel expenses from doctor visits, lost wages, and the cost of medical treatment. As an employee, it is not possible to sue your employer for its negligence if the injury occurs in the workplace and within the scope of your employment. Instead, you must file a claim under the New York workers’ compensation law to recover any losses that you may have endured as a result of the accident. If you are able to prove your accident in the workplace was caused by the negligence of a third-party (someone other than your employer), you may be able to recover for pain and suffering by filing a lawsuit against that person or entity. A workers’ compensation claim does not compensate an individual for pain and suffering; it only covers lost earnings and expenses related to medical care. In addition to handling your workers’ compensation claim, the Platta Law Firm will consult with you to determine if you have a viable lawsuit against a third-party to recover for their negligence which has caused your pain and suffering.
Importantly, not all workers compensation claims have to be due to a traumatic injury or accident on the job. Hazardous working conditions which cause repetitive trauma over time, or an occupational disease, can also form the basis of a New York workers’ compensation claim. The Platta Law Firm will assess all avenues for workers’ compensation benefits related to your injuries. Things like knee and shoulder pain from carrying heavy objects, hearing loss from years of jackhammering, carpel tunnel syndrome from typing, and lung issues from breathing in toxins, can all potentially be added to a claim. We will fight to get you the compensation you deserve and guide you through all of the complexities that come with these types of claims.
There are different strategies that we will use to challenge the carrier’s attempt to cut its costs by reducing your benefits. It is crucial that you immediately report to your employer every injury sustained from the accident. This memorializes the fact that the accident took place, your injuries, as well as possible witnesses. Workers’ Compensation law also requires that notice be provided to your employer within 30 days of the accident. Failure to provide this notice may result in denial of your claim. In addition, after an accident at work, it is essential for the injured worker to immediately seek medical attention. If it is a serious injury, an ambulance should be called to the job site with transportation to the Emergency Room. By informing a doctor of your injuries close in time to the accident and having a detailed medical history of the incident documented, you will greatly enhance the ability to add these injuries to your claim. You must advise the doctor of all areas of the body you feel pain. There is tremendous value in consulting a New York Workers’ compensation attorney, such as the Platta Law Firm, as close in time to the accident as possible. The Platta Law Firm can advise you in obtaining the proper documentation you need to protect your rights.
There are a different types of settlements that can occur in a workers’ compensation claim. One example is known as a Schedule Loss of Use Award. This type of settlement occurs when your condition has stabilized and typically when the injured worker has returned to work. It applies to injuries to certain parts of the body, including the knees, hips, shoulders, elbows, hands, feet, arms, legs, toes, fingers or vision loss. Both sides will obtain an opinion as to schedule loss of loss of use from their respective doctors. The parties can settle as to what the permanent loss of use is to these body parts which will result in a money award payable to the injured worker. If no settlement is reached, the New York Workers’ Compensation Law Judge will decide what schedule loss of use is to each body part in light of the testimony and reports of all doctors. This type of settlement does not preclude the injured worker from receiving future medical treatment on the claim.
Another way to settle a New York workers’ compensation claim is by Section 32 settlement agreement. This type of settlement will allow the case to be permanently closed. The parties have the ability to settle a case by Section 32 agreement to close only the lost wages portion of the claim, only the medical coverage portion of the claim, or both. If a claimant is Medicare eligible at the time of the settlement, a portion of the settlement may be governed by a CMS approved Medicare Set Aside. A Medicare Set Aside is a portion of the settlement that must placed in a separate interest bearing account to take care of any future medical expenses related to the case. Medicare will not pay for medical treatment related to the claim until the account empties. It is also important to know that injuries sustained by a worker due to intoxication or the intent to injure oneself or others will not be covered under New York workers’ compensation law.
A workers’ compensation carrier has the ability to deny a claim for benefits. Employers and insurance carriers will always seek to cut the costs associated with a claim. This can include the denial of payment of benefits or the denial of requested medical treatment, including surgery. Sometimes the insurance carrier will deny an entire claim outright. Your employer may even direct blame on you for an accident, or it may allege that the accident did not happen. These allegations are made by the employer and insurance carrier in order to prevent its insurance premium from going up due to a new claim. The insurance company will always fight to prove that you are not as injured as you claim to be. The Platta Law Firm will fight for you in these scenarios which often will require a trial before the Workers’ Compensation Board.
The Platta Law Firm, a group of experience workers’ compensation attorneys, will fight for the results that you deserve. We want both you and your family to have peace of mind in knowing that this firm is fighting hard to win for you. Contact our New York workers’ compensation attorneys at The Platta Law Firm for a free consultation.