Workers Compensation Lawyer
There are several ways a work-related accident may happen, leaving victims experiencing injuries that have severely impacted them, which is why it’s imperative to work with a workers compensation lawyer victims trust to ensure that their rights are protected. Victims face several stressors after an accident, from injury recovery, physical pain, lost wages, and more, all of which can be severely impactful. Workers compensation is a system available in most states that allows victims access to the benefits they desperately need. However, accessing these benefits can be complicated, and professionals from a firm like Hurwitz, Whitcher & Molloy, LLP may be necessary when navigating the process. It’s common for victims to have questions regarding the process, including:
What is workers’ compensation?
Workers’ compensation is an insurance benefit available to most employees who have suffered injuries. Benefits of workers’ compensation are imperative for injured workers because they allow victims access to medical treatments, medical coverage, a portion of lost wages, disability benefits, job retraining, and more. There are two key reasons this benefit is available. Workers’ compensation allows injured workers to receive these benefits regardless of fault (in most cases). Additionally, when injured workers accept workers’ compensation, they lose the ability to file a civil claim against their employer, protecting employers and their businesses from financial ruin.
What benefits are not offered through workers’ compensation?
While workers’ compensation may allow injured workers access to several benefits, these offerings do not always fully cover the losses experienced by the victim. Medical issues, injuries resulting from acts of God, mental trauma, and more are all situations that may not allow workers’ compensation benefits. It’s essential to consult with a lawyer to receive an in-depth strategic review of the case. In some cases, it may be possible to pursue a third-party claim against parties outside the employer who may have been responsible.
What is the process for filing workers’ compensation?
The first step towards filing for workers’ compensation is to report the accident to the employer and receive medical attention. Employees will have a specific amount of time to report the accident, and their employer will then need to report the accident to the insurance company. The insurance carrier will review the claim and either accept or deny it. In situations where victims have been severely injured, the process can become even more complicated, and it’s always best to consult with a lawyer for guidance.
What are common reasons victims may receive a denial for workers’ compensation benefits?
There is nothing worse for an injured worker than to receive a denial of workers’ compensation benefits. Unfortunately, workers’ compensation denials are all too common and there are several reasons this may be the case, including:
- Failing to Notify the Employer
- Pre-Existing Medical Conditions
- Missed Paperwork Deadlines
- The Injury Did Not Occur At Work
- The Victim was Under the Influence
- Receiving Treatment From an Unapproved Provider
Why would a lawyer be necessary for these situations?
After an on-the-job accident, most people may not consider the need for a lawyer. But, it is a good idea to consult a professional to determine a clear path forward. A lawyer will be able to review the case, identify whether a third-party claim is available, and ensure the workers’ comp benefits are received promptly.
Workers’ compensation is a benefit necessary for those who have been injured in an accident. However, victims must have an opportunity to understand their options, which is why seeking help from a lawyer will be necessary. In some cases, further legal action may be taken to gain compensation for losses. To move forward, Hurwitz, Whitcher & Molloy, LLP suggests that victims who have experienced damages consult with a NY workers’ compensation lawyer.