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Do I Need a Workers’ Compensation Lawyer to File my Workers’ Compensation Claim in New York?

Understanding How to Maximize Your Chances and Your Benefits: Do I Need a Workers’ Compensation Lawyer to File my Workers’ Compensation Claim in New York?

QUESTION: Do I need a workers’ compensation lawyer to file my workers’ compensation claim in New York?

ANSWER: No, you do not need a workers’ compensation lawyer to file a workers’ compensation claim in New York.  The Workers’ Compensation Board, a New York state agency, has streamlined the process and made applying for workers’ compensation benefits easier than ever.  There are also many resources on websites that contain information about applying for benefits, even providing step-by-step instructions.

Despite this, it is important to realize that – while you can file a workers’ compensation claim without a lawyer – it is often not a good idea.

The most general and obvious reason is because the insurance carrier has a lawyer reviewing claims and advising an adjuster what to do and how to handle your claim – so why shouldn’t you have a lawyer too?

In addition to this, some of the obvious reasons why you should have a workers’ compensation lawyer in NYC to help handle your workers’ compensation claim include the following:

  • A lawyer knows the “going rates” and what compensation that you may be entitled to, not settling for less
  • If you fail to file within a time limit, you claim can be outright denied as time-barred – even if you have a very strong claim
  • Any claim where a loved one was killed in a workplace accident or due to a workplace incident
  • An experienced workers’ compensation lawyer can help you gather medical evidence and build a claim for you, especially when your injuries may be difficult to prove
  • There are many traps in the application process that can limit, minimize, or even result in the denial of a claim
  • Calculations for schedule loss of use and nonschedule loss of use cases are very complicated
  • A lawyer knows what experts to possible use to help support your claim
  • Preexisting injuries and prior injuries can make claims very difficult to obtain the compensation that you deserve
  • Any false statement or misrepresentation – even if a mistake – can result in the complete denial of benefits, and even the requirement that you must completely repay any benefits that you received
  • A lawyer can cross-examine and fight back against a physician or expert used by the carrier that is not correct or just a “hired gun” to help support their case by undermining yours
  • Having a lawyer can ensure that you have a stronger negotiation position than if you did not have a lawyer
  • When it comes to an offer for settlement or a lump sum settlement, a lawyer can discuss your options, negotiate a better price, and determine what your best option may be
  • Your claim was denied and you need to file an appeal with legal memoranda
  • Your employer claims that your injury did not occur in the workplace and is therefore not covered
  • First responders have special rules that should be handled by a lawyer
  • You have a work-related illness that is difficult to prove of establish
  • Your claim has been delayed and you do not know why
  • Your benefits do not cover your total monthly expenses
  • If you will likely be disabled for at least one year or longer, you may also be entitled to Social Security Disability Insurance benefits which can also you to obtain additional compensation but there may be an offset with workers’ comp
  • You have a permanent disability
  • You may have a claim against a third-party that caused your personal injuries, such as a non-employee like in a motor vehicle accident
  • Your employer fired you or has otherwise engaged in some type of workplace harassment, discrimination, or retaliation for you filing a workers’ compensation claim
  • Your employer did not have workers’ compensation insurance when it was required to, and
  • Any other reasons that make you feel comfortable in handling your claim.

Need a Workers’ Compensation Lawyer in NYC?  Call Our WC Law Firm Today

It is important to realize that workers’ compensation benefits can really help a family cover monthly expenses and medical bills while you are recovering.  This is not a type of insurance claim that you may have experience covering, like a health insurance bill or a bumper tap repair bill with auto insurance.  Workers’ compensation benefits can be significant, especially for serious injuries.  If you need a workers’ comp lawyer, call us for help.

We hope this FAQ was helpful.  We have more FAQ questions and answers available here [[ADD LINK WHEN FINAL]].

But if you still have questions about what is workers’ compensation in New York, call to schedule a FREE consultation with our experienced workers’ compensation lawyers in NYC to learn more about how we can help you.  You can reach us by dialing (844) 692-6671 or by sending us a private message through our “Contact Us” box available here.

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