K L Sanchez Law Office, P.C.

When to Contact a Workers' Compensation Lawyer in New York

If you have been injured on the job, it’s important to act quickly. Your medical bills and lost wages can add up quickly. A workers' compensation lawyer Queens can help ensure you receive the money you need to cover these expenses. In addition, experienced attorneys can help you avoid common mistakes that could jeopardize your claim.

A New York City workers’ compensation lawyer can provide guidance on the process, and help you get back on your feet after a workplace injury or illness. A workers’ compensation lawyer Queens can also help you with other issues that may arise during your claim, such as an insurance company trying to deny your claim or refusing to pay for medical care. This support is crucial for securing your rights and the benefits you are entitled to.

Depending on your situation, it might be necessary to file an appeal with the Workers’ Compensation Board (WCB) or take other legal action to get the benefits you deserve. Choosing an experienced workers' compensation lawyer Queens is critical to ensuring your rights are protected and that you have the best chance of receiving the maximum possible settlement.

New York state law requires employers to carry workers’ compensation insurance for injuries and illnesses that occur while working. However, many employers and their insurance providers dispute the validity of claims or try to reduce or terminate them. You can protect your rights and maximize your chances of securing the workers’ comp payout you deserve by hiring an experienced workers' compensation lawyer Queens.

An experienced workers’ compensation lawyer can fight to get you the money you need to pay for medical treatments, prescriptions, and mileage to your doctors. The right workers' compensation lawyer Queens can also help you recoup lost wages from missed work while you are recovering. It’s also crucial to seek medical attention immediately after a workplace injury and keep detailed records of your condition.

A workers’ compensation lawyer Queens can help you deal with the stress and anxiety of filing a claim and dealing with an insurance company. Insurance adjusters have been known to try to convince you that you can return to work too soon or that your condition is less severe than it really is in order to deny or cut off your benefits. An attorney can counter these tactics by providing strong evidence and support from qualified physicians.

Common New York Workplace Injury Claims

Workplace injuries can leave you in pain and without income. Whether you’re a construction worker suffering from back pain from heavy lifting, a nurse with headaches caused by exposure to toxic fumes or a computer programmer with carpal tunnel syndrome wrist pain from typing all day, you need help getting medical treatment and money for lost wages. That’s why New York’s workers’ compensation law is in place to ensure that injured employees get the benefits they deserve. But the process is complex and confusing, often requiring the skills of a workers' compensation lawyer Queens.

Our lawyers can provide answers to common questions and help you understand your legal rights. For those in Queens, a local workers' compensation lawyer Queens can offer tailored advice and support, guiding you through each step of the claims process.

Common New York Workplace Injury Claims
Many workplace accidents and illnesses can lead to scarring, disfigurement or loss of limbs. The type of injury you sustain determines what kind of compensation you may be eligible to receive. Workers in Queens should consider consulting a workers' compensation lawyer Queens to ensure they fully understand what compensation might be available to them.

Typically, workers’ compensation will cover your medical expenses and a portion of your missed wages when you are unable to work. The amount you receive is based on several factors including the severity of your injury and how long you have been out of work. A workers' compensation lawyer Queens can help clarify how these factors apply to your specific situation and maximize your potential benefits.

It’s important to report any accident or injury within 30 days of the occurrence. Failure to do so could result in a denial of your claim. This crucial step can be managed more effectively with the assistance of a knowledgeable workers' compensation lawyer Queens, ensuring no deadlines are missed.

While some workers’ compensation claims are denied, the majority of legitimate ones are approved. However, insurers are sometimes hesitant to pay benefits when they believe their policyholder has not followed the rules. This often leads to an adversarial relationship between the injured employee and the insurance company. Engaging a workers' compensation lawyer Queens can help protect your interests against such challenges from insurers.

The workers’ compensation system is complicated and confusing for both injured employees and their doctors. For example, the list of acceptable medical treatments contains a rulebook as long as 100 pages and requires that doctors seek extra approval for every treatment they recommend. This can create a barrier to recovery for many patients. A skilled workers' compensation lawyer Queens can assist in navigating these medical and bureaucratic hurdles effectively.

Fortunately, it is illegal for an employer to retaliate against an employee for filing a workers’ comp claim. If your employer retaliates against you, we can file a lawsuit to hold them accountable for violating your legal rights. Your workers' compensation lawyer Queens will be pivotal in handling such legal actions, safeguarding your rights and ensuring that justice is served. 

Workers' Comp Settlement Negotiations in New York

How long it takes to negotiate and settle a workers’ comp case depends on several factors. For example, some claims are more complex than others. A more complicated claim will take longer to resolve, as there may be a lot of back and forth with the insurance company, or it might be difficult to determine how much your injuries are worth because there is a lot of uncertainty. This includes not just calculating your loss of income, but also trying to anticipate how much future treatment you might need. This is why it’s important to have an experienced workers' compensation lawyer Queens on your side to help navigate the process and fight for the maximum compensation you are entitled to receive.

In addition, the insurance company is a for-profit company that has an incentive to offer less than you are owed, so it takes time to convince them you deserve the full amount of your settlement. Your lawyer will often have to wait until your doctor can reach maximum medical improvement (MMI) before deciding how much to demand in your settlement. This is why it’s so important to hire a workers' compensation lawyer Queens that specializes in workers' compensation claims.

Once your lawyer has a good sense of how much you’re owed, they will draft what is called a “demand letter.” This document will be sent to all the parties involved in your case, including the workers’ comp insurance company, medical providers, and private insurance companies. The demand letter will contain your final settlement number and it will usually include both the indemnity and medical portions of your claim. Once everyone approves the document, it will be filed with the state workers’ comp board and a hearing will be set up with a law judge to review the settlement and sign off on it. Having a skilled workers' compensation lawyer Queens by your side can ensure this process is handled efficiently.

When you’re negotiating your workers’ comp settlement, there are two types of agreements to choose from: stipulation agreements and Section 32 settlement agreements. Stipulation agreements are usually paid out over a period of time, while Section 32 settlements are paid in one lump sum. Section 32 settlements must be reviewed and approved by a law judge at a hearing, so it’s important to have an experienced workers' compensation lawyer Queens representing you during this process.

The streamlined settlement approval process introduced by the state workers’ comp board in 2016 can make this part of the process even faster, but it is still very important to work with a workers' compensation lawyer Queens who understands the ins and outs of settling your claim. Unless you’re able to find another resolution to your case, a workers’ comp settlement will close out your claim for good, so you want to be sure the final amount is enough to cover any potential ongoing or future expenses you might have. 

K L Sanchez Law Office, P.C.

K L Sanchez Law Office, P.C. | Construction Accident Attorney and Car Accident Lawyer

3763 83rd St #1m, Queens, NY 11372, United States

(646) 701-7990