New York employers are required by federal laws to acquire workers’ compensation insurance for all their employees. The coverage provides payment for any medical treatment needed after the worker is injured on the job. It also provides monetary benefits to compensate them for any wages they lose during recovery. A workers’ compensation lawyer in Queens County, NY, enforces these requirements and seeks benefits for employees.
Evaluating the Employee’s Injuries and Medical Records
The first step of processing a workers’ compensation is to determine if the worker has a viable claim. Their medical evidence must show that the injuries sustained are extensive and require further treatment. They must also require a lengthy recovery period before they can return to work. A formal workers’ compensation claim filed by the court cannot reflect minor injuries in which light duty opportunities are available.
Exploring Why They Were Denied Benefits
The claim’s adjuster who processed the claim must provide the exact reason for which benefits were denied. The reason must reflect the exact terms of the policy and not an unethical claim made by the insurer. The attorney must review the terms of the policy to determine if the insurer denied benefits following policy guidelines.
Preparing for an Appeal
If you receive a denial, the next step is to file for an appeal. The probability of acquiring benefits through an appeal could be higher than the initial claim for some workers. These actions allow a judge to evaluate the case and determine if the injuries meet the requirements of the policy.
When is a Lawsuit Necessary?
A lawsuit is necessary when the worker has a viable claim and is denied through the appeal’s process. The attorney must acquire all medical evidence beginning on the starting date of the injury. They prepare the worker for the process and determine if there is a possibility of an out-of-court settlement.
New York workers are covered under federal law when they are injured on the job. Their employer must maintain coverage for workers’ compensation insurance for these purposes. Workers who were denied benefits should hire a workers’ compensation lawyer in Queens County, NY, through the Law Office of Steven R. Smith or browse this website today for more information.