Workers compensation claims are quite common in New York. In fact, thousands of workers are injured or suffer an occupational illness every year. Even though most workers should be eligible for workers compensation benefits after a workplace injury that doesn’t mean the process of claiming and receiving benefits is easy. In this blog post, we’ll review 5 reasons an employer could deny workers’ compensation claims and options for getting the compensation you deserve.

Pre-Existing Conditions or Injuries

Most employers turn their employees’ workers’ compensation claims over to an insurance company. These insurance companies are in the business of mitigating damages and compensation paid out. It’s not uncommon for an insurance company to claim that a pre-existing condition or injury caused or partially caused your current condition. An experienced New York workers compensation lawyer can help to gather evidence and build a case to show that a pre-existing condition was made worse by a workplace injury. 

Your Injury Did Not Happen at Work

New York’s coming and going rule states that workers compensation benefits are not available for employees who are injured in the process of commuting or coming to and from work. However, there are exceptions and gray areas to this. For instance, if you’re injured in your employer’s parking lot or injured in a car accident in the course of doing your job, you may be eligible for workers compensation benefits. 

Missed Deadlines or Incomplete Paperwork

You have a relatively short window to notify your employer of a work-related injury or illness and start the claims process. Generally, the statute of limitations for filing a claim is 2 years from the date of the accident, though for most people, the claims process would start within 30 days of the incident. If your claim is denied because of deadlines or mistakes made in the filing, contact a New York workers compensation attorney for help.

You Didn’t See an Approved Doctor

Under New York workers compensation law, your employer can require that you see an insurance-approved doctor for your claim. They may require you to undergo an Independent Medical Exam (IME) and receive treatment from certain providers. Your workers compensation attorney can guide you on how to best handle your medical appointments without jeopardizing your claim.

Refusing Part-Time Work

If your doctor clears you for light duty or a partial return to work, your employer may offer you a part-time assignment. If you turn down the light duty work, your benefits may stop regardless. If you feel that your employer is retaliating against you for filing a claim, you should speak with a workers compensation lawyer about your options.

New York Workers’ Compensation Benefits

The workers compensation system in New York provides benefits for workers injured on the job or who develop an illness due to their occupation. These benefits include compensation for medical benefits as well as lost income to a certain point, if you cannot work due to a work-related injury or illness. Workers compensation benefits in New York can be temporary or permanent, depending on the severity of the injury.

You have the right to file a claim for benefits after suffering a work-related injury; however, the process of actually going through the requirements for a workers comp claim in New York can be challenging. An experienced workers comp attorney can handle your case and make sure you get the benefits you need to recover from your injury and get back to work. 

Brandon J. Broderick, New York Workers Compensation Lawyers

At Brandon J. Broderick, Attorney at Law, we are dedicated to assisting clients throughout the New York City metro area and throughout New York state with their workers’ compensation cases. We have years of experience and the extensive resources you need to secure a fair case result. 

If you’ve been injured or your claim has recently been denied, contact us immediately for a free consultation to understand your options.

Posted by: Brandon J. Bro…
Date: Wed, 06/01/2022 - 13:30

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