The workers’ compensation system is designed to provide medical and wage replacement benefits to employees who have been hurt on the job. At Nappa, Monterosso & Poznansky, we know that navigating workers’ compensation in New York can be overwhelming. For more than 30 years, our experienced workers’ compensation attorneys have guided injured workers in the greater NYC area through the process. We help to ensure you get the benefits you’re entitled to receive and assist you with all aspects of your case.
Understanding Your Rights and Options as an Injured Worker in New York
New York workers’ compensation law can be confusing, especially if you’re unfamiliar with legal jargon and the procedures required to file a claim. Your workers’ compensation lawyer helps you understand your rights and explains the benefits available to you, such as medical coverage, wage replacement benefits, and vocational rehabilitation. If your claim has been denied, we can explain the appeals process and help you pursue the benefits you need.
Filing Claims
When filing a workers’ compensation claim, it’s vital to include thorough documentation of your injury or occupational disease. In addition, there are specific deadlines and procedures for filing a claim. You should always report a work injury to your employer within 30 days of the incident. If you’re dealing with occupational hearing loss or a work-related illness, deadlines for informing your employer and filing a claim vary.
Our workers’ compensation attorneys ensure all necessary forms are completed and submitted in a timely manner. We can also help you collect evidence, such as incident reports, medical records, and witness statements. Having an experienced workers’ compensation lawyer in your corner can help you avoid common mistakes that may delay or jeopardize your claim.
Maximizing Your Benefits
Understanding the full scope of benefits you may be entitled to receive can be challenging. As native Staten Islanders who have assisted injured workers in New York for decades, we’re well-versed in determining amounts of wage replacement benefits and compensation for permanent impairments involving Scheduled Loss of Use (SLU) awards. We also ensure you’re fully covered for all medical expenses related to your work injury.
Handling Insurance Company and Employer Disputes
Unfortunately, your employer or their insurer may dispute your workers’ compensation claim to avoid financial responsibility. We handle all communications and negotiations with insurers to obtain fair compensation for you. Whether it’s a dispute over the legitimacy of your injury, necessary medical treatment, benefit amounts, or disability ratings, we fight to help you get the benefits and compensation you deserve. If you’ve faced retaliation from your employer for filing a claim, we can help you take action and protect your rights.
Workers’ Compensation Claim Denials in New York
Workers’ compensation claims are denied for a variety of reasons. Some of the most common include insufficient evidence or documentation, missed deadlines, and disputes about whether the injury was work-related. Our workers’ compensation attorneys can review your denial letter and help you understand the reasons for the rejection. We can help you file an appeal, gather additional evidence to strengthen your claim and represent you in hearings with the New York Workers’ Compensation Board.
Representing You in Hearings and Appeals
Our team knows the workers’ compensation appeals process inside and out. Your workers’ compensation attorney represents your interests and advocates for you in hearings, which gives you the best chance of a successful outcome. We know how to prepare and prevent a strong case that supports your claim. We may challenge evidence presented by the opposing side and cross-examine witnesses. Our workers’ compensation lawyers have longtime professional relationships with judges and others who work in the system, which can help keep the appeals process moving.
Managing Complex Cases
Some workers’ compensation cases are more complicated than others. Our attorneys have the knowledge and experience that give you the best possible opportunity to get the compensation and benefits you need to protect your health and financial security. Some conditions and circumstances that can make a claim more complex include:
- Occupational diseases, such as asbestos-related illnesses, occupational hearing loss, and mental health conditions
- Pre-existing conditions
- Multiple injuries
- Permanent disabilities that require long-term benefits
- Disputes over whether an injury was work-related
Your workers’ compensation attorney can help you navigate the legal nuances of your case and provide the compassionate support you need throughout the process.
Workers’ Compensation Settlements
In some cases, an insurance company may offer a lump sum settlement to resolve a claim. Before accepting any workers’ compensation settlement, it’s vital to have an attorney evaluate whether it adequately compensates you for your injury and future medical needs. If necessary, we can negotiate a settlement on your behalf and help you understand the potential long-term impact of accepting a lump-sum payment.
Third-Party Liability Claims
If your workplace injury was caused by a third party, such as a subcontractor or equipment manufacturer, we can evaluate your case and advise you on whether a third-party liability claim is a viable option. To ensure your overall compensation is maximized, it’s important to talk to an attorney before you file a personal injury claim, as any damages you receive can affect your workers’ compensation benefits.
Peace of Mind and Compassionate Legal Support
We understand that dealing with a work injury can be physically, emotionally, and financially taxing. We help you find the best path forward for a successful claim. Having your workers’ compensation lawyer manage your case allows you and your family to focus on your recovery. If you’re considering applying for Social Security Disability benefits as well, our SSDI lawyers can assist you and advise you on the most effective course of action to maximize your benefits.
Contact Our Workers’ Compensation Lawyers in the Greater NYC Area
At Nappa, Monterosso & Poznansky, LLP, we’re dedicated to making the workers’ compensation claims process less stressful and helping you get the full amount of benefits you’re entitled to receive. To learn more, call 718-273-9000 or contact us to schedule a consultation with a workers’ compensation attorney in the greater New York City area today. Our Spanish-speaking clients can rely on attorney and Partner Rolando Cubela to provide top-notch legal representation.
