A proven record

Our firm has achieved numerous million and multimillion dollar verdicts and settlements. We often take cases that other firms have refused and win.

When to Involve a Lawyer in a Worker’s Compensation Case

When to Involve a Lawyer in a Worker’s Compensation Case

Workers’ compensation is available to New York workers after an accident. Sadly, problems often plague the claims process, leading to denied and reduced claims. If you have been harmed at work, you may very well encounter obstacles to receiving proper benefits and should strongly consider hiring a lawyer.  

Workers’ comp attorneys fight to ensure that injured employees recover proper compensation awards in a timely manner. It’s vital to know when you should involve an attorney in your case. 

When You Should Hire a New York Workers’ Comp Attorney 

Hiring an attorney is always advisable whenever compensation is on the line. However, there are certain instances when hiring an attorney is often crucial to a successful claim outcome.  

Denied Workers’ Comp Claim 

Denied workers’ comp claims are common but are not the end of the case. If your claim has been denied, you can appeal the decision through various channels. Doing so properly and efficiently, though, requires the services of an experienced workers’ comp lawyer.  

Some of the principal reasons for workers’ comp denials include: 

  • The insurer or employer disputing the eligibility of an injury 
  • The insurer or employer disputing the seriousness of an injury 
  • Missing documents and paperwork 
  • An incomplete application 
  • Missed deadlines 

An attorney can help you effectively challenge the denial.  

Preexisting Medical Condition 

If you have a preexisting condition, the insurer may attempt to challenge your claim if it has anything to do with your work injury. Appeals serve to ensure that insurers are not the final word on these matters.  

Involvement of Other Government Benefits 

Sometimes, other benefits may be involved after a worker is injured, such as Social Security and Veterans benefits. Attorneys can advise injured workers on how government benefits may be reduced by workers’ comp payouts.  

Disability Rating Dispute 

Disability ratings determine the length and amount of benefits. Often, insurers dispute disability ratings and request independent medical examinations with doctors of their choosing. They do so to seek a lower disability rating, which means less of a payout. An attorney will fight for the most favorable rating for their client.  

Third-Party Lawsuit 

Workers’ comp claims are not always the only source of compensation for injured workers. If a third party causes an injury at a worksite, the injured worker may have grounds for a third-party lawsuit. Third parties include: 

  • The general public 
  • Employees of other businesses 
  • Independent contractors 
  • Tool and equipment manufacturers and designers 
  • Clients and customers 

When an injured worker has grounds to file a third-party lawsuit, they may pursue far more compensation than allowed in a workers’ compensation case.  

These additional damages can cover: 

  • Full wage-replacement 
  • Pain and suffering 
  • Disfigurement 
  • Disability 
  • Loss of consortium 

Injured workers may also be entitled to pursue punitive damages when accidents are caused by willful or wanton negligence or behavior exhibiting great moral turpitude.   

Other Reasons a Workers’ Comp Lawyer Is Key 

No matter the circumstances of your workers’ compensation case, involving an attorney can be highly beneficial. 

Timely Receipt of Benefits 

The workers’ comp claim process is meant to reduce the time it takes for injured workers to receive benefits. However, confusion and lack of familiarity with the claims process are common causes of delays. These delays directly translate to zero benefits until the issue is resolved.  

With an experienced workers’ comp attorney in charge, injured workers can rest assured that their claim will be resolved in as prompt a manner as possible.  

Peace of Mind  

The workers’ comp process can be complex and often daunting, especially when employers and insurers challenge valid claims. The difficulties workers must face can bring them an enormous amount of stress at a time when they need peace of mind.  

A workers’ comp attorney takes on every aspect of the compensation process, which can give you the confidence that your case is in good hands.  

No Fees Owed Without a Win 

In the event an attorney is unsuccessful in procuring benefits for their client, the client owes nothing. New York workers’ comp attorneys are otherwise awarded a contingency fee. When calculating the contingency fee, the law excludes the costs of future medical expenses. 

Our Workers’ Comp Attorneys Can Help You 

Have you been injured at work and are unsure what to do next? The accident attorneys at Silberstein, Awad & Miklos can evaluate the details of your case and fight to get you properly compensated. Contact us for a free consultation with a New York workers’ compensation attorney who cares today.