White Plains Workers’ Compensation Filing Requirements
If you were injured on the job in New York, you may wish to file a workers’ compensation claim. While you have every right to do so, and while you should not forfeit this right by failing to file, there are certain requirements that you should bear in mind. If you fail to meet these requirements, your claim may still be denied. To prevent a wrongful denial, retain the help of a knowledgeable White Plains workers’ compensation lawyer as soon after your accident as possible. Our lawyers at the Law Office of Michael Lawrence Varon, PLLC, can take care of the legalities while you focus on what is most important: your health and recovery.
Protect Your Rights to Compensation by Following Proper Protocol After Sustaining an Injury
If you were seriously injured in a work-related accident, it is up to you to protect your rights to workers’ compensation. Unfortunately, workers’ comp is not a given, and it is not uncommon for injured workers to receive a claim denial. Typically, denials occur because the employee filled out the paperwork incorrectly, or because he or she failed to see the right doctor. You can protect your rights to compensation by doing the following post-accident:
- Report your accident, injuries, and/or illness to your manager or employer as soon as possible. If you do not file your report within 30 days of reasonably discovering your injury or illness, you risk denial.
- Upon receiving your report, your employer is required to send it along to the workers’ compensation insurer immediately. Check in with your employer to make sure that the claim was sent along.
- Once the insurer receives your report, it will send along a packet that contains information regarding your rights and responsibilities.
- If your employer fails to contact the insurer, you can do so yourself. However, insurers are difficult to deal with, and many like to take advantage of injured individuals. You can avoid being taken advantage of by allowing your New York workers’ compensation lawyer to contact the insurer on your behalf.
Returning to Work: What You Need to Know
If you plan to return to work even though you are partially recovered, and even though your workers’ compensation benefits are not yet up, your employer should provide you with a list of restrictions that will affect your employment. Your employer is required to cover these restrictions with you in depth, as well as your new job duties and wages. Your employer is also required to inform the insurer of your plan to return to work, as well as of what your new job duties and compensation are. If your compensation is less than what you were earning pre-injury, you may be entitled to 80 percent of the difference between your old wages and new ones.
Let a New York Workers’ Compensation Lawyer File on Your Behalf
A work-related injury can be damaging both physically and financially. While the doctors can take care of your physical ailments, a skilled New York workers’ compensation lawyer can help with the financial pain. Our attorney at the Law Office of Michael Lawrence Varon, PLLC, will file your claim on your behalf and advise you on what you can do to help your own case. If your claim is denied, our lawyer can appeal the decision and do what is necessary to ensure that, in the end, you obtain the compensation you need to recover in financial comfort. Contact our office today to schedule your free consultation.