Workers Compensation Attorney Bronx
Minor and serious accidents can happen at virtually all workplaces. After all, something as simple as slipping and falling can lead to a brain injury or even death. This is a main reason why most US states have mandated that companies carry what’s known as workers’ compensation insurance.
Nowadays, if an employee gets injured in the course of performing their work duties, they get hurt at a work-related event, or they develop an illness because of working conditions, they don’t sue their employer directly. Instead, the insurance company of which the employer is a policyholder is the entity that’s responsible for paying all expenses associated with the employee’s injury.
The workers’ compensation claim process is much simpler than employees taking their employers to court, yet this process is still one that requires professional legal assistance. An employee can certainly pursue a claim on their own after they get injured at work, but quite soon after filing the claim, they may face hassles and challenges that would’ve been avoided had they got help from a workers’ compensation attorney.
Call us at 1-800-HURT-511 if you’re looking to hire a workers’ compensation attorney in the Bronx. Our workers’ compensation attorneys are sought after for their extensive legal experience and exceptional skills. We’ve been assisting injured workers for more than a decade.
The Workers’ Compensation Claim Process: Step by Step
While the process for filing a workers’ compensation claim varies from state to state, the first step is the same everywhere. The employee has to notify their employer that they have been injured, and this is so the employer can notify their insurance company. An injured employee can seek medical treatment before notifying their employer of the injury if medical treatment is needed right away.
Step One: Informing the Employer
Once an injured employee is ready to begin the claim process, they must notify their employer in writing of what happened. It’s best to do this as soon as possible, but a hurt employee usually has up to 30 days to file a claim. It’s also good to keep a copy of the memo you sent your employer, as you may need this later on.
Step Two: Filling Out the Claim Form
Once your employer has been notified, they must give you a form to fill out, and this is the workers’ compensation claim form. If your employer does not give you the official workers’ compensation claim form, you can request one from your state’s workers’ compensation board. The form will ask you questions like:
- On what day, at what time, and where did the accident happen?
- What kind of injuries did you sustain and which areas of your body were affected?
- Were there any other parties involved in the accident?
- How did the accident occur?
- Did you receive medical treatment after the accident?
When this is complete, your employer will have to file it immediately. Once it’s been filed, it’s just a matter of waiting for the employer’s insurance company to either approve or dispute the claim.
Why Do Workers Comp Claims Get Denied?
If you’ve been injured at work and you’re hoping that workers’ compensation benefits will cover the costs associated with your injury, you’re probably wondering why workers’ compensation claims get denied sometimes. Some studies have found that upwards of 25% of workers’ comp claims get denied out of hand, and in a lot of cases these aren’t justified denials but instead attempts at getting a claimant to give up the pursuit for benefits. Below are some of the reasons insurers cite when denying workers’ compensation claims:
Missed Deadline
If you don’t file a claim within the time frame your state’s workers’ comp board affords, then you’ll lose your ability to pursue compensation. In some instances, an employer will handle making the initial claim for their employee once they’re notified of the injury, but an injured employee should never assume that their employer filed a claim on their behalf. Before filing a claim, check with your state’s workers’ comp board to see if your employer already filed one for you.
Disputing the Claim That the Injury Was Work-Related
Your employer’s insurance company may argue that your injury occurred while you weren’t working, and that therefore you’re not entitled to workers’ compensation benefits. They may also say that you weren’t following company guidelines, or that you were breaking the law at the time of getting injured, and that therefore your injury is not covered. Those who get hurt while under the influence of drugs or alcohol will also be unable to claim workers’ compensation. An insurance company may even say that a medical condition is preexisting and in no part related to the employee’s work.
It’s here where evidence will be needed, and you may not be able to gather all necessary evidence on your own. This is why you should get a workers’ compensation attorney to help you. They’ll know which evidence will bolster your claim, and they’ll know which witnesses can help. They’ll also be able to get crucial information from doctors who treated you, and if the insurance company doesn’t agree with the findings of the first doctor who delivered treatment, a workers’ compensation attorney will arrange for an independent medical exam to be conducted.
How Is a Total Compensation Figure Calculated?
There are a lot of expenses associated with work-related injuries, and these expenses are what workers comp benefits will cover. Workers’ comp benefits will also cover lost income, travel expenses, domestic assistance, pain and suffering, permanent impairment, and death. The total compensation figure will be based off numerous factors, and an experienced and skilled attorney will be able to calculate an accurate figure for their client.
Is Hiring a Workers Compensation Attorney Worth It?
In the wake of a work-related accident, most injured employees don’t want to be dealing with all the stresses that are associated with the workers’ comp claim process. Instead, they want to be resting and trying to figure out how to move forward.
A workers compensation attorney Bronx can handle all the stressful situations and processes for their client, and they may be the key factor in securing their client’s workers’ compensation benefits.
Call us at 1-800-HURT-511 if you’re ready to file a workers’ comp claim with help from our workers compensation attorneys in the Bronx. From beginning to end, we’ll make sure the process is simple and seamless for you.
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