Unfortunately, as a construction accident lawyer New York workers trust can attest, not all workers’ compensation claims go as smoothly as they should. Even if the injuries you sustained clearly happened on the job and are severe, you may run into problems with your employer’s insurance provider or even the employer themselves.
However, when you receive a denial, you have the right to challenge the claims administrator’s decision. During this process of challenging the claim, it is in your best interest to seek the advice of a construction accident lawyer New York locals recommend.
A New York construction accident lawyer can not only help you decide if an appeal is the right way to go, but can also help you navigate the paperwork, gather evidence, and build a case that will win in court.
At Polsky, Shouldice & Rosen, our attorneys have been helping injured workers file claims, appeal denials, and negotiate settlements for more than 20 years. If you need the assistance of a skilled construction accident lawyer New York victims rely on, we are available to help.
Common Reasons for Claim Denials
Approved insurance claims cost everyone money. That is, they cost your employer and their insurance provider money in terms of higher insurance rates and lost profit, respectively. As such, it does not make good economic sense to accept every workers’ compensation claim without thorough analysis. Unfortunately, it does not always stop there.
A construction accident lawyer New York residents depend on knows that some employers or insurance claim adjusters will come up with any imaginable excuse for denying coverage. It may come down to a lack of trust (the employee or insurance adjuster does not believe that the injury occurred on the job), or the claim may be denied for more mundane reasons, such as an improperly filled out or signed claim. Here are some of the more common reasons why claims are denied:
If Your Claim Was Denied
While workplace fatalities have been on the decline in many states, serious injuries still occur in all too high numbers. A construction accident lawyer in New York knows that workers’ compensation is an essential aid in getting employees like you back on your feet.
If you are dealing with a denied claim, contact a skilled construction accident lawyer New York provides at Polsky, Shouldice & Rosen today at (516) 595-0106 for immediate help, as the deadline for making an appeal is usually very short.
The Difference Between Workers’ Compensation and Wrongful Death Claims
In rare, but tragic circumstances, you might have lost a loved on in the course of their profession or occupation. If you are the spouse or family member of someone who died while working, and they were the primary financial provider for your family, you might feel confused and unsure about what you should do next. Bills might be piling up and you are being told it is time to move on; however, you believe justice is deserved. At this point, you might want to know what your legal options may be. In truth, you may have a few different options, but not all may be viable. The following are just some of the different avenues that you might take to recover financial recourse after a construction workplace accident that resulted in a death. If you have any further questions or would like your case to be reviewed, call a construction accident lawyer New York workers and families can rely on for help.
Workers’ Compensation Death Benefits After an Accident
All states have workers’ compensation laws; however, they do vary by location. In the event of a workplace accident that led to a death, workers’ compensation may provide death benefits to immediate surviving family members. The amount of benefits you will receive typically depends on the number of total and partial benefits the deceased has. This will likely be determined by one of your local state departments or the workers’ compensation board. If you qualify for these benefits, and you likely will, they may be paid out on a weekly, bi-weekly, or monthly basis. There are time limits to filing for death benefits so the sooner you get started the better.
As a construction accident lawyer New York has to offer might explain to you, there are pros and cons to collecting death benefits. The primary benefit of doing so is that you will not have to show that negligence was the cause of your loved ones death. Rather, all you need to do is file a claim. The disadvantages of these benefits should also be considered. In general, if you choose to collect death benefits, you forfeit your right to file a lawsuit against the employer. The benefits will not compensate you for non-economic, or intangible, losses such as loss of partnership. Finally, many states cap death benefits which means you might only receive so much regardless of what happened.
Wrongful Death Cases
In general, when an employee is injured at work, they will not be able to file a claim or lawsuit against the employer because workers’ compensation insurance is available. However, if someone dies while working, the family members may be able to file a wrongful death claim. To do so, they should retain a construction accident lawyer in New York who can demonstrate:
Their loved one died because of another person or party’s negligence
The surviving family suffered as a result.
The advantages of filing a wrongful death claim are many with the primary one being that the family will likely recover more compensation than they would through death benefits. They can also seek damages for intangible losses and there may be no caps or higher maximum caps. Also, if gross negligence or malicious intent was a factor, a wrongful death lawyer may seek punitive damages. The main disadvantage of a wrongful death case is they can take a long time before a settlement is reached.
As you might see, there are advantages and disadvantages to both death benefits and wrongful death cases. Before you pursue either one, it may be in your best interest to ask a construction accident lawyer in New York to listen to what happened and help you to understand what may be your best option.
Call Polsky, Shouldice & Rosen, P.C. now for an initial case review.
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