How to Win a Workers’ Compensation Claim
Workers’ compensation is a form of insurance that provides coverage for employees who are injured on the job. Workers’ comp benefits include medical care and wage replacement if you cannot work. Your employer pays these benefits through premiums they pay to a workers’ compensation insurer.
If you’ve been injured while working, it’s important to know your rights as an employee, especially when filing a claim. Here are some tips on how to win a workers’ compensation claim from a New York workers’ compensation lawyer from Polsky, Shouldice & Rosen, PC:
Understand Your Rights as an Employee
To understand how workers’ compensation works, it’s important that you first know what your rights as an employee are under the law.
According to the Occupational Safety and Health Act (OSHA), all employees are entitled to safe working conditions and medical treatment if injured.
Employers must also ensure that their employees have access to first aid kits, fire extinguishers, and other safety equipment to protect themselves in emergency situations on the job site.
Workers’ Compensation Lawyer for Your Case
The most important step in claiming workers’ compensation is to contact your employer’s insurance company. The insurance company will send an adjuster to assess your injuries and determine if they qualify for benefits.
You will also sign forms releasing them from liability if future complications occur because of your injuries at work. The adjuster may recommend an attorney if he believes your case involves serious injuries or legal issues.
You should always hire a New York workers’ compensation lawyer from Polsky, Shouldice & Rosen, PC, when filing workers’ compensation claims.
Get treatment right away
Hospitals have strict guidelines for treating injuries and illnesses, so getting treatment quickly is essential. The sooner you get treatment, the better your chance of recovering quickly and successfully.
Ensure you have all relevant medical records sent over from your previous employer’s doctors so the new insurance company can review them. If there are any gaps in these records, make sure they are explained fully and clearly so there can be no doubt about what happened, and when, and why it happened.
Be honest with your employer about your injury
It’s tempting to lie about how you were hurt — especially if it happened at work — but it can make it harder to win your case if you don’t tell the truth from the beginning.
Don’t give up on your claim, even if it seems like nothing is happening at first. Workers’ compensation law requires employers to investigate claims within 30 days of receiving them, but sometimes this process takes longer than expected. If you haven’t heard from your employer after 30 days, contact them again and ask when they plan on investigating your claim.
If you’re having trouble understanding what’s going on with your claim or have questions about getting treatment or returning to work after an injury sustained on the job, talk with Queens NY Construction Accident Lawyer from Polsky, Shouldice & Rosen, PC.