If you suffered an elbow injury while working in Brooklyn, O’Connor Law can file a Workers’ Compensation claim. Whether you are unable to return to work or are facing ongoing treatment, our elbow injury lawyer in Brooklyn will guide you through the process of seeking the benefits you deserve.
We have assisted thousands of clients, and we secure over $25 million annually in non-medical benefits for injured workers. Our Schedule Loss of Use lawyers in Brooklyn break down the legal process into simple terms so you can feel confident every step of the way.
Insurance companies have teams of lawyers, so why shouldn’t you have experienced legal representation? Call us today for a free consultation.
How Workers’ Compensation for Elbow Injuries Works
Workers’ Compensation provides benefits for medical expenses, a portion of your wages, and potential Schedule Loss of Use benefits if your injury results in permanent impairment.
All necessary medical treatments, such as physical therapy, diagnostic tests, and specialist consultations, should be covered with no out-of-pocket costs or copays.
Our Brooklyn Workers’ Compensation lawyers can guide you through every step of the process to fight for the benefits you deserve. Most importantly, you must report your injury in writing to your employer within 30 days. Failing to do so will jeopardize your claim.
What Is a Scheduled Loss of Use (SLU) Award?
A Scheduled Loss of Use award is a specific form of Workers’ Compensation benefits available to workers who sustain permanent loss of function in a limb, including elbows.
If your elbow injury limits your range of motion or causes ongoing impairment, even after treatment, you may qualify for an SLU award.
Compensation is based on SLU assessments, which follow in New York’s 2018 Impairment Guidelines. Our Brooklyn elbow injury attorneys can determine if your injuries meet the requirements and guide you through the strict process of qualifying for Scheduled Loss of Use awards.
Reaching Your Maximum Medical Improvement (MMI)
Before an SLU award can be considered, you must reach Maximum Medical Improvement (MMI). This means that your condition is stable, and no further treatment will improve your injury. MMI typically occurs 9 to 12 months after the injury or surgery.
Necessary Medical Reports
Once MMI is reached, your doctor or an Independent Medical Examiner (IME) hired by the insurance company will evaluate your condition. They will provide a report using a state-required form called the C-4.3. This form outlines your impairment rating and is necessary to move the case forward. If the C-4.3 form is not submitted, the Workers’ Compensation Board will not act on your case.
What Happens After the C-4.3 Form Is Submitted?
After the Workers’ Compensation Board receives the completed form, it notifies the insurance company with a document called an EC-81.7 notice.
The insurance company has 75 days to respond and do one of the following:
- Submit their own medical opinion (often from an IME)
- Accept the original medical report
- Request to cross-examine the doctor who completed the report
- Submit a legal memorandum arguing against the report
How SLU Compensation Is Determined
SLU awards in New York are based strictly on the 2018 Impairment Guidelines, which focus on measurable loss of range of motion.
Pain, suffering, or reduced strength are not considered. Doctors measure how far the elbow can move compared to normal and assign an impairment percentage (0–100%).
Brooklyn Elbow Injuries Lawyer Near Me (914) 595-4502
Why Hiring a Brooklyn Elbow Injury Attorney Is Necessary
Seeking Workers’ Compensation benefits after an elbow injury can be overwhelming, especially when disputes arise. Hiring an experienced Brooklyn elbow injury attorney ensures you have an advocate who understands the complexities of the process and will fight for your rights.
One of the biggest challenges injured workers face is the disagreement between a treating doctor and the insurance company’s Independent Medical Examiners (IMEs).
Treating doctors often assign higher percentages of impairment, while IMEs hired by insurance companies aim to assign lower ratings to minimize the compensation you’re entitled to.
These disputes are rarely resolved through negotiation and often require depositions, which can significantly lengthen and complicate the process.
How Our Brooklyn Elbow Injury Lawyers Help
Without legal representation, you may be at a serious disadvantage during these disputes. At O’Connor Law, we have the experience and resources to manage these challenges.
Our elbow injury attorney in Brooklyn can:
- Challenge unfair opinions from insurance company doctors.
- Handle depositions and legal briefs to present a strong case to the Workers’ Compensation Board.
- Ensure all necessary forms, such as the C-4.3, are properly completed and submitted on time.
- Protect you from delays caused by tactics commonly used by insurance companies to reduce payouts.
If the insurance carrier or their nurse case manager reaches out to you directly, avoid speaking with them on your own. Inform them that our firm represents you and direct all communication to us right away.
Why Choose an Elbow Injury Attorney from O’Connor Law?
At O’Connor Law, we know how challenging it can be to deal with the Workers’ Compensation process after an elbow injury. Our team is here to simplify the process and provide the support you need. Here’s why so many injured workers trust us:
- Flexible consultations: Whether in person (by appointment), over the phone, or via Zoom, we’ll meet with you in the way that works best for your situation.
- No upfront costs: You won’t pay anything unless we secure compensation for you. Our fee is tied to the outcome of your case so that you can focus on your recovery without financial stress.
- Extensive experience: With 15 years in business and 35 years of combined experience, we’ve helped thousands of workers secure the benefits they deserve.
- Proven results: Every year, we recover more than $25 million in non-medical benefits for injured workers.
- Clear and approachable communication: The legal system can feel overwhelming, but we break it down into straightforward, everyday language. You’ll always know what’s happening with your case.
Let our elbow injury attorneys in Brooklyn take care of the legal details so you can focus on following through with your doctor’s orders for your physical recovery.
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Reach Out to O’Connor Law After an Elbow Injury at Work
Whether you are a municipal employee, construction worker, or another professional who suffered an elbow injury, you deserve legal representation that is compassionate and dedicated.
O’Connor Law is a women-owned, multicultural law firm that understands how important Workers’ Compensation benefits are to families.
Our founding attorney’s experience working for insurance carriers in workers’ compensation cases provides valuable insight into their tactics and strategies. At the same time, we are everyday lawyers working for everyday people.
We aim to simplify the legal process of seeking the benefits you deserve. Call us today for a free consultation.
