The workers' compensation system in New York is meant to provide quick medical coverage and wage replacement for employees injured on the job. However, workers often face delays, denied claims, and disputes that put their benefits at risk. That's where workers' comp attorneys step in, helping injured workers secure the benefits and compensation they deserve. Knowing when to bring in legal help can make a difference in both the speed and size of the payout.
A recent study from the Workers' Compensation Research Institute examines how attorney involvement influences the indemnity payments workers receive to offset lost wages. Recognizing that attorneys are more likely to step in when injuries are severe or claims are contested, the study uses a method that adjusts for these complexities to uncover the real effect of legal representation. Drawing on data from workers injured between October 2012 and September 2019 across 31 states, with outcomes tracked through March 2022, the research offers fresh insights into the financial impact of hiring an attorney.
What difference can workers' comp attorneys make in your claim?
Hiring an attorney can boost your payout by thousands of dollars. Studies show that workers with legal representation receive between $7,700 and $12,400 more in indemnity benefits compared to those without. In some cases, payments even increase by four to five times. Whether it's temporary disability or permanent partial disability (PPD) benefits, attorneys can secure higher compensation across injury types—from fractures and back pain to settlements for long-term injuries.
Delays in payment also play a role. Half of the workers who wait more than 30 days for their first benefit payment hire an attorney to get the process back on track.
Why do injured workers hire workers' comp attorneys?
Many injured workers turn to attorneys after experiencing roadblocks, such as denied claims or arguments over the extent of their injuries. Employers and insurers may challenge claims to minimize costs, leaving workers overwhelmed. Attorneys step in to level the playing field, ensuring claims are handled properly and benefits are not withheld unfairly.
Workers facing long recovery times or severe injuries are more likely to benefit from legal help. For example, PPD claims or cases involving lump-sum settlements almost always involve legal representation, with 64% of these claims having attorney involvement. The legal process for securing these benefits can be lengthy, making it worth the investment in an attorney who can help speed things along.
What does the study say about attorney involvement in New York workers' comp cases?
New York sees higher-than-average attorney involvement in workers' compensation cases, especially for injuries such as fractures, lacerations, and PPD or lump-sum settlements. Here's how attorney involvement affects outcomes across key areas:
Attorney involvement rate for fractures, lacerations, and contusions
In 2019, attorney involvement for these injuries in New York averaged above 25%. While rates varied across different commuting states, the spread was not as wide as in other states.
Impact on indemnity benefits
Indemnity benefits increase with attorney involvement. However, New York's gain is more moderate compared to states such as Illinois and Missouri. Logged benefit levels in New York show a significant boost, with values around 300.
Additionally, Ordinary Least Square (OLS) estimates show New York workers receive nearly $14,000 more in benefits with attorney involvement. The Instrumental Variables method reinforces this trend with a similar increase of $12,343. The logged OLS coefficient of 234.6 confirms a strong positive link between attorney involvement and higher benefit payments.
Statewide attorney involvement
Over 40% of claims in New York involve attorneys, placing the state among those with the highest involvement rates. This high rate suggests that New York workers frequently seek legal help, likely due to disputes or challenges with their claims.
PPD and lump-sum settlements
Attorney involvement in New York is particularly common in PPD and lump-sum cases. Compared to other states, average indemnity payments in New York are in the mid-to-high range. Plus, PPD payments with attorney involvement trend higher, showing the value of legal support in securing better settlements.
Don't let your workers' comp claim slip away. Get the compensation you deserve.
If you face payment delays, a denied claim, reduced benefits, or a long-term injury, consulting a New York workers' comp attorney can make a meaningful difference in the outcome of your case. A New York workers' comp attorney at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP can handle all the paperwork, gather medical evidence, and manage insurer negotiations. With more than 90 years of experience and over $1 billion recovered for our clients, we prepare every case as if it's going to trial, ensuring you get the best possible outcome.
Don't wait for your situation to become more stressful. Contact us online or call us to schedule your free consultation and get clear answers to your questions. We've successfully handled some of the toughest cases in New York, from construction accidents to complicated PPD claims, and we'll bring that same fierce dedication to your case. Our law firm also works on a contingency fee basis, so there's no risk in seeking a consultation. Schedule an appointment with us today.
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