Unfortunately, as a construction accident lawyer New York workers trust from Polsky, Shouldice & Rosen, P.C., 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.
Our legal team 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:
4 Common Form Errors To Avoid While Filing for Workers’ Compensation
When you are injured while on the job, the resulting workers’ compensation case can be a confusing process. There are many forms to fill out and sign, and your employer may want you to sign off on documents that contain agreements that you believe do not represent your best interests. Before you file a workers’ compensation report, there are a few common errors you may want to know about so you can avoid them as you move through the process. A construction accident lawyer New York residents turn to can help guide you through this process.
Signing Paperwork Without Proper Guidance
Once you begin filing a workers’ compensation claim, your employer will likely provide you with the proper forms and help to guide you through filling them out. However, if he or she does not offer this assistance, you may want to take the papers to Polsky, Shouldice & Rosen, P.C., so we can ensure you fill them out properly. Missing a section or a signature line might delay your claim, so seeking help with the forms may be a wise choice.
Waiting Too Long To Fill Out Forms
You may not feel confident about filing workers’ compensation forms and delay the process because of that fear. However, waiting to fill out and properly sign the forms can cause your employer or the insurance company to refuse your claim. It is wise to report your injuries and sign the proper forms as soon as possible, no matter the nature of the incident.
Filing an Incomplete Claim
After your employer provides you with workers’ compensation forms, it can be wise to ensure all the papers are included. Some laws vary by state; however, you may want to double-check for the main reporting form, one that informs you about your rights and responsibilities regarding your claim, any forms required by your state. Missing documents may result in a delay or denial of your benefits. By consulting with a lawyer from our team, we can oversee your claim filing.
Failing To File a Physician’s Request Form
When you are injured on the job, you may be required to see a doctor of your employer’s choosing in order to receive benefits. You may be able to see a different doctor, but only if you fill out the appropriate request forms. If you see another doctor without filing, even if it is your family doctor, you may be refused benefits. Consider asking your employer whether he or she has an appointed company physician and the regulations you will have to follow as part of making your claim.
Filing workers’ compensation papers can be confusing, but you may have options for receiving assistance for filling them out properly. Polsky, Shouldice & Rosen are construction accident lawyers New York residents trust when needing help with their case.
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. We understand 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 clients depend on at Polsky, Shouldice & Rosen today by dialing (718) 285-6764 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 one 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:
As your construction accident lawyer New York clients trust may tell you, 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 member of our team to listen to what happened and help you to understand what may be your best option.
Steps to Take After a Construction Site Accident
Most people are aware that construction industry jobs are some of the most dangerous in this country, accounting for thousands of workers suffering catastrophic and fatal injuries each year. One of the reasons for this danger is that the very factors that are critical for the successful production of the project are the very things that present the most dangers, such as dangerous equipment, electricity, and potentially hazardous materials.
According to statistics from the Centers for Disease Control (CDC), there are more than 1,000 workers killed each year on construction sites and more than 350,000 injured. This despite numerous federal and state safety regulations put in place to help protect the safety of construction site workers. These guidelines include the safety measures employers should have in place for accident prevention, like using protective equipment and training.
These guidelines also include what steps a worker should take if they have been injured. These steps are meant to help protect the worker’s legal rights as well as their safety. When a worker is injured on the job, state law says that worker is entitled to workers’ compensation benefits. In order to ensure that their medical expenses are covered, as well as compensation for the loss of wages, a construction accident lawyer New York residents trust may suggest taking the following steps:
Another critical step an injured worker should take is to contact a seasoned construction accident law firm near you to find out what legal action you may need to take in order to get the financial compensation you deserve. Call Polsky, Shouldice & Rosen, P.C. today to speak with a construction accident lawyer New York residents turn to for dependable and quality legal services.
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