Skilled NYC Attorneys Manage Workers’ Compensation Disputes
Determined assistance with appeals of denied claims
If you are hurt on the job, you face a great deal of uncertainty. How long will you be out of work? Will you be able to return to the same kind of work or to any work at all? How can you support your family? The workers’ compensation system was created as a safety net for workers in your position, but what happens if the system fails? At The Tacopina Injury Firm, our attorneys are prepared to help you obtain the benefits you deserve through the workers’ comp system. We draw on more than 80 years of legal experience to evaluate your claim and successfully manage your appeal. We provide highly personal service, because we understand how important your benefits are to your future, your family, and your peace of mind. You can trust us to fight tenaciously to deliver the results you need.
Helping you access the workers’ comp benefits you deserve
New York law requires most employers to carry workers’ compensation insurance so workers are covered from their first day on the job. If you are hurt on the job or develop a work-related illness, there are many benefits available to you, including:
- Cash benefits — If you are injured on the job and cannot work, you may be eligible to receive cash benefits to replace a portion of your lost wages. Workers’ comp does not pay cash benefits for the first seven days of a disability, unless the missed time exceeds 14 days. In that case, lost wage replacement begins with the first day of missed work. The formula for the weekly cash benefit is two-thirds of your average weekly wage up to a set maximum. Partially disabled workers receive a reduced amount based on the percentage of their disability.
- Medical bills — Workers’ comp pays for 100 percent of all reasonable and necessary medical care directly related to the original injury or illness.
- Death benefits — The surviving spouse and minor children of a worker killed on the job are entitled to weekly cash benefits. If there is no spouse or children, parents or the decedent’s estate may receive a one-time benefit of $50,000. Workers’ comp also pays up to $6,000 in funeral expenses in metropolitan New York counties.
Accessing these benefits should be as easy as filing an insurance claim, but conflicts often arise that lead insurers to deny legitimate claims. That’s when we can help.
Common workers’ compensation disputes in New York
Workers’ compensation is a no-fault insurance system that serves the interests of employers and workers. Still, it doesn’t always function smoothly. Here are a few of the most common conflicts that arise with workers’ comp claims:
- Claim buried — In some cases, a worker submits an injury claim with the employer, but the employer never forwards the claim to the insurance company.
- Claim denied — Insurance companies deny claims for a number of reasons. They could rule, for example, that the worker is ineligible because there is no employer-employee relationship, the injury did not arise out of employment or occur in the course of employment, or the injury is faked.
- Treatment denied — Insurance companies may refuse to cover the treatment a worker wants because the insurer’s medical experts say it is not reasonable, necessary, or related to the original injury or illness.
- Cleared to return to work too soon — Workers often feel they are being rushed back to work before they have fully recovered from their injury. This could lead to a recurrence or worsening of the original injury.
- Disability rating too low — If a worker is permanently partially disabled, the weekly benefit is based on the percentage of the disability. A low rating means a low benefit payment. Workers are entitled to second opinions when they believe their disability rating is too low.
- Disability settlement — If a worker is permanently totally disabled, the insurance company usually wants to negotiate a lump-sum payment rather than continuing to pay weekly benefits. The settlement offer, however, is generally much lower than the final amount a worker can negotiate with an attorney’s assistance.
Appealing a denied claim or working through a benefit dispute often requires experience within the workers’ compensation system. Our knowledgeable attorneys have had great success in resolving disputes so our clients get their full measure of benefits.
Contact our dedicated attorneys to manage your workers’ comp appeal
If you’ve been denied your rightful workers’ compensation benefits, The Tacopina Injury Firm is ready to help. Our knowledgeable attorneys have the experience necessary to work through claims disputes and deliver positive results. Call us today at 347-246-5102 or contact our Manhattan office online.