Workplace injury lawyers deal with claims for workers’ compensation benefits. While it is possible for injured workers to file a claim on their own, this can be complicated and time-consuming. It is also likely that they will make mistakes and miss out on the maximum amount of compensation available to them. In the end, it is almost always a better idea to have a knowledgeable New York work accident lawyer handle the case.
You Injured Yourself in a Workplace Accident
It is critical to immediately seek medical treatment for any workplace injuries. You must also report the injury to your employer and submit a claim with the state workers’ compensation division. These processes vary from state to state, and there are often strict deadlines that you must meet to ensure your rights are protected. A New York workplace injury attorney can help you navigate these processes and ensure that the insurance company takes your injury seriously.
Your Employer or Doctor Wants to Reevaluate Your Injury
Once you have been deemed to be permanently disabled from a workplace accident, your employer may want to reevaluate your injury. This is known as an independent medical examination (IME) and it can be a precursor to terminating, reducing or eliminating your benefits. If you receive an IME request from the insurance company, it is important to get legal advice immediately. A New York work injury lawyer will be able to review the details of your injury and advise you about your next steps.
You Are Eligible for Medicare or Will Become Eligible Within 30 Months
In some cases, your workers’ compensation settlement will be submitted to Medicare for payment of future medical expenses. This is especially common in cases where you have suffered permanent disabilities, such as a herniated disc or chronic pain. A New York workplace injury lawyer can help you enter into a Medicare set-aside agreement, which will allocate part of your settlement to pay for future care.
You Believe a Third Party Was to Blame for Your Injury
Many workplace accidents occur due to the negligence of third parties. This is particularly true on construction work sites, where the property owner and general contractor have a responsibility to provide a safe work environment. In such cases, you may be able to pursue additional damages from a third party in addition to your workers’ compensation benefits.
If you are injured on the job, a New York workplace injury attorney can review your case and determine whether you should file a third party personal injury lawsuit in addition to your workers’ comp claim. New York is one of the few states that allow you to pursue a personal injury lawsuit against third parties for your damages, including the cost of your medical expenses and emotional suffering. Contact an experienced attorney today to schedule a free consultation. We will answer your questions and explain the entire process, from start to finish. Polsky, Shouldice & Rosen, P.C. is available 24/7 to speak with you.