Having a Bronx knee injury lawyer by your side as you pursue a Workers’ Compensation claim after an on-the-job injury can make all the difference.
When facing a serious knee injury that requires extensive medical care and prevents you from working, you need a lawyer who will prioritize your best interests and help you get through the challenging period.
O’Connor Law has been representing workers injured on the job since the founding of our firm in 2009. We will represent you in all interactions with your employer’s insurance provider after you suffer a knee injury while working.
If your injuries result in permanent damage that qualifies you for a Schedule Loss of Use (SLU) award, we are prepared to serve as your Bronx Schedule Loss of Use lawyers. Contact us today to schedule a free case evaluation.
Pursuing a Workers’ Compensation Claim With Help From a Knee Injury Attorney in the Bronx
After suffering a knee injury while working in the Bronx, it is critical that you follow all required steps to secure the Workers’ Compensation coverage you deserve. The first step in filing a Workers’ Compensation claim is to inform your employer in writing of your intent to pursue a claim. You must make this notification within 30 days of suffering your injury.
Having a detailed written record of every step in the claims process is critical for protecting your right to Workers’ Compensation benefits.
When you report your accident to your employer, be sure to include details regarding:
- Where your accident occurred
- The date and time of your accident
- Details regarding the circumstances that led to your injury
- Details about the specific injuries you incurred and their severity
Failure to notify your employer within 30 days can result in the loss of your right to pursue a Workers’ Compensation claim. Getting in touch with our experienced Bronx Workers’ Compensation lawyers soon after your accident is the best way to ensure you meet this and all other deadlines that apply to your case.
You Can’t Receive Workers’ Compensation Benefits Unless You Get Medical Treatment From a Doctor
Your employer’s insurance provider will reject your Workers’ Compensation claim outright if a licensed physician does not back it. Having documented evidence of your medical condition is critical for building a strong compensation claim after suffering a knee injury.
In addition to proving that a doctor diagnosed your injury, you must also show that you are following all medical advice. If you fail to follow your doctor’s orders, your claim could be compromised, as the insurer will likely claim that your healing time could have been shortened had you received the full treatment you needed.
It is also critical that you see a doctor as soon as possible after your accident, as delayed treatment can cause your condition to worsen and significantly extend your recovery time.
Bronx Knee Injuries Lawyer Near Me (914) 595-4502
Available Benefits Through a Workers’ Compensation Claim After a Knee Injury in the Bronx
When you file a Workers’ Compensation claim after suffering a knee injury, it is important to understand the damages you are eligible to recover. Unlike in a personal injury lawsuit, where a wide variety of economic and non-economic damages may be available, the applicable damages in a Workers’ Compensation case are strictly limited.
Lost Wages
If you miss more than seven days of work, you may qualify for compensation for lost wages. However, it is important to know that you will not be paid for the full amount of income you lost.
Instead, you can recover compensation for up to two-thirds of your average weekly wage.
When calculating your weekly wage, your employer’s insurer will look at your earnings for the 52 weeks prior to your injury.
It is also important to note that the state of New York places a cap on the amount you can recover.
Medical Expenses
You can also receive compensation for your medical expenses, but only if you follow strict guidelines when receiving care. It is critical that all the medical treatment you receive is from a doctor who accepts Workers’ Compensation insurance.
If you choose a doctor who accepts this coverage, they will bill your employer’s insurer directly, and you will not be charged for your medical treatment.
Reduced Benefits
You need to be aware that the benefits you receive through a Workers’ Compensation claim will be reduced if you return to work before the return date recommended by your doctor, or perform any other work in the meantime.
Your employer cannot force you to return to work against your doctor’s advice. If they attempt to pressure you to return, our experienced Bronx knee injury attorneys can help.
Things to Avoid When Pursuing a Workers’ Compensation Claim
When filing a Workers’ Compensation claim, it’s just as important to avoid common mistakes as it is to follow the right steps. You should be especially guarded when it comes to interactions with your employer’s insurer. Never speak to any insurance representatives directly.
Instead, inform them that you have retained legal counsel and refer them to your Bronx knee injury attorney. You should also reject any offer from the insurer to provide you with a care coordinator or nurse case manager to attend doctor’s appointments with you as an ally. These parties are focused on minimizing your claim and protecting the profit margins of the insurer.
When receiving medical care, it is vital that you understand that all your medical costs are covered by Workers’ Compensation as long as you use a doctor who accepts this coverage.
You don’t have to pay for any of the treatment you receive through co-pays or your private insurance. If asked to provide alternative payment methods or insurance, you should decline.
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Breaking Down the Schedule Loss of Use Process
Schedule Loss of Use (SLU) awards may be available if you suffered a permanent injury to a limb. Knee injuries are covered under this program.
Before you can pursue an SLU payment, you must first reach “maximum medical improvement” as determined by your doctor. Maximum medical improvement refers to the point where your condition is unlikely to get any better.
Once you reach this point, your doctor will determine the percentage of permanent loss of use of your injured limb. The percentage of loss will determine the number of weeks of pay you are entitled to receive under state law. If the insurance company disagrees with the assessment by your doctor, you may need to take an independent medical exam (IME).
If the results of the IME differ from your doctor’s assessment, a Bronx knee injury lawyer can help you fight for the larger SLU award.
You need to be aware that if you are able to obtain an SLU award, the amount you collect will be reduced by any payments received from your employer or their insurance provider while you were out on Workers’ Compensation.
Get Help From an Experienced Knee Injury Lawyer Serving the Bronx Today
When pursuing a Workers’ Compensation claim after suffering a knee injury in the workplace, having an experienced attorney by your side can make all the difference.
At O’Connor Law, we understand the challenges you face and are here to help you through this difficult time. The insurance company has a legal team; why don’t you?
Contact us today by phone or through our online contact form to schedule a free case evaluation with a member of our legal team.
If you choose to move forward with us, you should know that we work on a contingency fee basis, which means that you pay nothing unless we win your case. That means there is no risk in getting trusted help from a Bronx Workers’ Compensation lawyer.
