Roosevelt Workers’ Compensation Lawyer
When people are injured at work, they have rights. These rights include the right to receive workers’ compensation benefits and to be free from retaliation for requesting them. Virtually every employer in New York is required to subscribe to a workers’ compensation insurance plan and a person injured while at work is entitled to take advantage of that plan.
Sadly, the insurance company may not issue the payments to which the worker is entitled. They may state that the injury is not severe enough to warrant payment, or argue that the injury did not occur while at work.
Roosevelt workers’ compensation lawyers represent employees in their fights with insurance companies to obtain the benefits that they have earned. If you have been injured while at work, speak to a qualified personal attorney that can help you pursue damages.
There are only two things that an injured worker must do after becoming hurt to obtain benefits. The first is to report the injury to their supervisor. This must be done within 30 days of the accident, but we recommend that it be done as soon as possible. This both gets the process started and allows the injured worker to obtain medical treatment.
Second, the worker must complete and submit form C-3. This allows the investigative board to properly evaluate the injury or illness. From there, the injured worker simply needs to focus on making a recovery.
Doctor’s Role in Workers’ Compensation Claims
In New York, the injured person has the right to choose their own doctor, as long as they are approved by the Workers’ Compensation Board. The doctor that a worker chooses has two jobs.
First, they bring the worker to a maximum level of medical improvement. This means that the worker has recovered as much as they ever will from the injury. This can be a total recovery or leave them with some level of permanent disability.
The doctor also needs to submit paperwork to the Workers’ Compensation Board and the insurance company providing their opinion on the level of disability sustained by the worker. The insurance company will issue their findings based on the doctor’s opinion.
Potential Worker’s Compensation Benefits
All doctor’s bills related to the accident will always be paid by the insurance company. This includes all necessary rehabilitation. However, for any additional cash payments to be made, a worker must be unable to work for at least seven days.
Lost work benefits are issued at a rate of 66% of a worker’s average weekly wage over the past year multiplied by the percent of disability found by the doctor. For example, if an employee was making $1000 a week, and is found to be 50% disabled, their weekly benefits will be $500. If an individual is not receiving their benefits, they should consult a Roosevelt workers’ compensation lawyer that can help.
When Can Someone Return to Work?
An employee may also be able to return to work in a limited fashion. If this is the case, any difference in their normal wage and the reduced wages will be paid out at 66% of the difference, in addition to the wages that they earn.
Single lump payments are also issued for any permanent loss of work function. These benefits are always paid out according to a list defined in the law. A maximum value includes 312 weeks of compensation for loss of the use of an arm, while a minimal value is 16 weeks for loss of use of a toe.
Appealing a Denied Claim
In many cases, both the worker and the insurance company accept the doctor’s findings and payments begin. However, both sides have the right to appeal the findings to the Workers’ Compensation Board.
A worker and their Roosevelt workers’ compensation lawyer may argue that they have a permanent disability that has not been properly evaluated. An insurance company may argue that the injury did not happen on the job and therefore the payments should not be issued at all.
After an appeal is requested, the board will then hold a hearing with an administrative judge who decides the case. Even if this hearing does not go the worker’s way, they retain the right to appeal the case all the way to the Appellate Division of New York’s courts.
Speaking with a Roosevelt Worker’s Compensation Attorney
A Roosevelt workers’ compensation lawyer can represent workers whose benefits have been denied, or who feel that the benefits are inadequate. Your attorney can attend judges’ hearings and file the necessary paperwork to strive for the maximum benefits that you deserve for your workplace injuries. Contact a lawyer today to see how they can help.