You should never pay an attorney directly on a Workers’ Compensation case. You are not responsible for filing fees, copy costs, or other charges. If your attorney is unsuccessful in securing additional Workers’ Compensation benefits for you, you don’t have to pay them anything. The attorney does not get a fee based on the money you voluntarily receive from the insurance company. The amount of the attorney fees will be deducted from the benefits you are awarded in court, either from increasing what you had been previously paid or a settlement that has been paid to you. In New York, for example, a Workers’ Compensation judge is responsible to set the attorney fee to be awarded to your attorney. Most people who are injured on the job hire an attorney. Workers who don’t have experience may think they are getting a good deal, when in fact, they could be entitled to a lot more. They will fight hard to keep their costs down and offer you a settlement that is less than you deserve. Insurance companies will always try to pay you as little benefits as possible. For details on medical benefits, visit the NYS Workers compensation Board here: The Workers’ Compensation Board must authorize the health provider, but exceptions are made for emergency care. A lawyer can protect your rights in these cases. They are hired by the insurance companies to make your injuries sound less severe and often send workers back to work too early, or block them from getting needed treatment in order to help save the carrier money. They are called independent medical exams, but they are anything but independent. However, the insurance company has the right to have you examined by a doctor who will act as a “consultant”. This care includes doctor care, hospital costs, as well as prescriptions, medical equipment and transportation to and from doctor visits. Medical care should be provided immediately after your injury occurs. Your Right to Medical Care in a Workers’ Compensation Claim Very often workers who have serious injuries or long-term disabilities may experience resistance from their employer or the insurance company when it comes to paying the proper monetary or medical benefits.
#HURT ON THE JOB LAWYER FREE#
The consultations are always free and will help give you advice on your claim even if the attorney feels the claim is not one where a lawyer would be necessary. They could refuse to pay extended disability benefits even if you are seriously injured or disabled.Ī lawyer can protect your rights in these cases. Insurance companies want to pay as little as possible Workers’ Compensation benefits to the worker. To best protect your rights and make sure you get the compensation you are rightly entitled to, we recommend you at least consult with an attorney any time you have an on the job injury. They may try to deny your claim, or send you back to work before you are medically able. They will not let you know about the cash settlements that you may very well be entitled to or close your case in such a way that is prejudicial to you. They might refuse to pay extended disability benefits even if you are seriously injured or disabled. Insurance companies may try to deny your claim, or try to send you back to work before you are medically able.
While the Workers’ Compensation system was designed to help workers who are injured on the job, changes both in the Law and Board Policy have made that more difficult. Your Right to Hire a Workers’ Compensation Attorney How much and for how long has to be determined. To prove you are entitled to lifetime awards is a very high standard that can be difficult to meet.Įvery worker is entitled to benefits, providing they became ill, disabled or injured on the job. NYS has capped the number of weeks even for those with “permanent” disabilities. While the NYS Workers’ Compensation law does provide for Permanent Disability, that process has become far more difficult. Their case should have zero effect on their job once their employer files the form notifying the insurance company.įor those who are unable to return to work after what the insurance company feels is a normal time is where it becomes more complicated. Workers are NOT fighting their employers. Once a worker is injured or becomes ill, the case goes to the employer’s insurance company. The system is designed to provide appropriate medical care and help with lost wages while the worker recovers from their injury. New York State requires all employers to carry Workers’ Compensation insurance.