10 Key Reasons You Might Need a NY Workers’ Comp Lawyer
When and why to get an attorney involved after a work injury or illness
Workplace accidents in NYC are not uncommon, and while safety regulations are in place, serious injuries can and do happen, particularly in high-risk fields like construction and food services. It's natural to feel hesitant about involving a lawyer after a workplace injury, perhaps worrying that it might seem excessive or confrontational. However, injured employees must understand that consulting a lawyer is a smart decision that protects their right to workers’ compensation as well as their health and financial interests.
Workers' compensation is a no-fault, insurance-based program designed to provide financial compensation and medical benefits to employees who sustain work-related injuries or illnesses. With very few exceptions, all employees qualify for injury benefits regardless of how many hours they work, their immigration status, or whether they contributed to the workplace accident that caused their injuries. Despite the program being widely available, successfully navigating the complex benefits system can be challenging.
An experienced New York workers’ compensation lawyer can help. At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, we offer free case evaluations to injured workers throughout New York. Rely on our decades of legal experience in New York City to answer your work injury and illness questions.
10 reasons to consult a workers’ comp lawyer
Contacting a lawyer is not a direct challenge to an injured worker’s employer but a step toward protecting their rights. An experienced workers’ compensation and work injury attorney can provide invaluable guidance throughout the process, helping to secure compensation for medical costs, lost wages, and other damages (the legal term for financial losses). Here are 10 common reasons to hire a workers’ compensation lawyer if you have a work-related injury or illness in New York:
1. The injury is severe and involves hospitalization or surgery. A lawyer can ensure workers receive maximum compensation and benefits for significant injuries.
2. Ability to work is permanently or impaired long term due to the injury. Securing a lawyer is essential for negotiating compensation for future losses and medical care.
3. Workers' compensation claim was denied. A workers’ comp lawyer can appeal denied claims, fighting for a worker’s right to benefits.
4. Employer retaliation after filing a workers' comp claim. Legal representation can protect against demotion, reduction in hours, or wrongful termination.
5. Getting necessary medical treatment is a struggle. Workers’ compensation pays only for “necessary” medical care related to work injuries and illnesses. Therefore, insurance companies sometimes question the “necessity” of doctor-recommended procedures and therapies to save a few dollars. A lawyer can fight for an injured employee’s right to proper medical care.
6. A third party is partially or fully responsible for the injury. A lawyer can help pursue additional claims for compensation not covered by workers’ comp, such as pain and suffering.
7. The settlement offer doesn't fully cover medical bills or lost wages. Lawyers can evaluate and argue for fair settlement offers to adequately cover a worker's full range of losses.
8. Filing for workers' comp and Social Security Disability Insurance (SSDI) at the same time. In New York, a work injury lawyer can help manage the complex interplay between workers' compensation and SSDI benefits, ensuring that a worker's settlement does not adversely affect their SSDI benefits and that their total compensation is maximized across both claims.
9. Preexisting conditions. A lawyer can counter attempts to minimize work injury claims due to preexisting medical conditions, emphasizing the impact a job has on employee injuries.
10. Misclassified as an independent contractor instead of an employee. Only employees are entitled to workers’ compensation benefits. Therefore, some employers will intentionally misclassify an employee as a subcontractor, independent contractor, or freelancer in an attempt to avoid having to pay for insurance. A workers' comp lawyer can help challenge misclassified employment status, ensuring the injured worker receives the benefits they rightfully deserve as an employee.
Navigating the workers' compensation process in New York can feel overwhelming or confusing, especially when you’re dealing with a work-related injury or illness. In any of these scenarios, hiring a NYC workers' comp attorney can be instrumental in protecting a worker’s rights and securing fair compensation for their losses.
Common types of work injuries in which a lawyer is involved
Lawyers with track records of work injury and illness claim success can be particularly valuable for damage where the connection to workplace activities is less obvious or where significant, long-term medical care is needed. Common injuries that frequently benefit from a lawyer's assistance include repetitive strain injuries, occupational diseases, hearing loss, and back and spinal injuries. Here’s why:
- Repetitive strain injuries (RSIs). These injuries, such as carpal tunnel syndrome or tendinitis, are caused by repetitive motions or overuse and often occur in environments requiring repeated tasks like typing or assembly work. A lawyer can assist in proving these injuries are work-related by gathering medical evidence and expert testimonies.
- Traumatic injuries. Lawyers can be critical in ensuring that workplace accidents are thoroughly investigated, injuries are properly documented, and a clear link is established between the injury and the workplace incident.
- Hearing loss. Lawyers aid in the rigorous assessment process required to determine hearing damage, ensuring that the extent of exposure at work is correctly documented.
- Back and spinal injuries. These injuries, which include damages to the muscles, discs, nerves, or bones in the back and spine, such as herniated discs, can occur due to heavy lifting, falls, or vehicular accidents at work. Given the potential for long-term disability, lawyers ensure that the injury's severity is fully evaluated and that compensation covers extensive medical treatment and potential long-term care needs.
- Occupational diseases. These illnesses, such as mesothelioma from asbestos exposure, develop because of prolonged exposure to harmful conditions or substances at work. A work illness lawyer has the resources, knowledge, and skills to prove the direct link between an illness and workplace conditions.
How a lawyer can help prove an illness is work-related
When dealing with a work-related illness, getting a lawyer with extensive experience is important to recovering compensation from all sources. These conditions might not manifest until years after exposure, making the link between your work environment and illness harder to prove. Here’s how a lawyer can help:
- Occupational disease experience. A lawyer with experience in work-related illnesses understands the medical and legal challenges associated with diseases like mesothelioma, lung cancer, asbestosis, and silicosis. They can effectively navigate the laws and regulations applicable to your case.
- Proving relationship to work. For diseases that develop over time, such as cancers or chronic lung conditions, proving that they are directly related to a work environment is critical. A lawyer can help gather the necessary medical records, employment history, and expert testimonies to build a strong case.
- Dealing with employers and insurers. Employers and their insurance companies may deny claims or minimize compensation. A lawyer can negotiate on a sick worker’s behalf.
- Filing complex multiple claims. The process of filing a claim or multiple claims for work-related illnesses involves detailed paperwork and strict deadlines. A workers’ compensation attorney can handle this process efficiently, avoiding common mistakes that could delay or jeopardize a claim.
- Maximizing compensation. Experienced attorneys know the full scope of compensation an ill worker may be eligible for, including medical expenses, lost wages, and even pain and suffering in some cases.
Get the right lawyer for your New York workers’ comp claim
With the right lawyer, injured and ill workers can secure the workers’ compensation benefits they deserve under New York law. However, in complex situations such as permanent disability or injuries caused by third-party negligence, it is even more important to have an experienced lawyer by your side every step of the way.
If you’ve been hurt on the job or have developed a work-related illness in New York, get legal advice right away. Contact the experienced NYC workers’ compensation attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP for a free case evaluation. Our law firm has helped over 100,000 clients and recovered billions of dollars in awards and settlements. There’s no cost and no obligation to hire us, just answers.
Click here for a printable PDF version of the article, “10 Key Reasons You Might Need a NY Workers Comp Lawyer.”