Whether you have already started to receive workers’ compensation benefits or if you are still in the application process, at any time you may face disqualification. The reason for this is simple. Workers’ comp benefits are part of a “no-fault” system, meaning that, if you suffered work-related injury or illness you are entitled to benefits. Really the only part that matters is that your injuries or illness were work-related, and your comparative fault does not bar a recovery. While this is a great system, it is unfortunately subject to abuse. Once way to remove an abuser or violator is through workers’ compensation disqualification in New York. Although many times the Workers’ Compensation Board (WCB) may have it right, sometimes they do not and individuals are unfairly disqualified. In instances like that, it is imperative that individuals hire an experienced workers’ compensation lawyer in NYC.
Here at O’Connor Law, our team of dedicated WC professionals can help answer your questions before or after you submit an application for WC benefits. We can help guide you through the process, ensuring that your rights are protected and that your applications comply with the law. If you have received a disqualification notice or if a disqualification argument has been made against you, ask our experienced workers’ compensation lawyers in NYC how we can help protect your rights to WC benefits during a FREE consultation.
New York law requires that all WC claimants properly complete the affidavit, answering truthfully and properly disclosing information. This is part of Workers’ Compensation Law section 114-a(1), which provides that an applicant or claimant who is receiving WC benefits through a false statement or representation of material fact may be disqualified from receiving any further benefits. In some instances, an individual may be required to pay back the previously awarded benefits.
Since WC benefits are for those who are disabled and unable to work, that also means properly disclosing all sources of income. That includes passive and active income. This is the main area that individuals will most likely face disqualification. Other areas include ability to work or whether they are working on other projects, volunteering, or doing other work that would be inconsistent with workers’ compensation benefits (i.e., you are unable to work).
Preventing a disqualification begins with properly applying for WC benefits and disclosing all relative information. This is not a time to lie or stretch the truth. Accurately completing your WC paperwork can prevent a disqualification, including repayment of benefits and penalties. That means even addressing certain work that you may or may not be doing, or certain income that you may or may not receive.
For example, if you are receiving passive income from a book, it would be important to disclose that income when applying for WC benefits. It likely would not prevent you from recovering WC, but if you fail to disclose it, there is a much higher chance that it will. Similarly, that also means disclosing other business opportunities or efforts you have made, even if they have not been successful or made any money.
The goal is to be forthright with the WCB to prevent a workers’ compensation disqualification in New York, and an experienced workers’ compensation lawyer in NYC can help you do that. Thus, ensuring that you have disclosed all material facts that you need to under the law is important. However, there may be some important facts that you think need to be disclosed, but they may not be “material facts” that can affect a decision. In those instances, oversharing can also lead to trouble. It is important to allow an experienced workers’ compensation lawyer to review what is and what is not important, and then submit such that is proper to the WCB.
Preventing a workers’ compensation disqualification in New York begins with having proper representation at the time you apply for benefits. That means asking quality and dedicated representation like ours at O’Connor Law. We can help you avoid inadvertent mistakes that may result in disqualification, while counseling you what must be disclosed and what is unnecessary. To learn more about how our experienced workers’ compensation lawyer in NYC at O’Connor Law can help you, call to schedule a FREE consultation by dialing (844) 692-6671 or by sending us a private message through our “Contact Us” box available here.