Many New York residents are likely somewhat familiar with the basic premise and purpose of the workers' compensation system. In general workers' compensation is funded by employers who are required to pay into the insurance fund which pays benefits to workers who are injured on the job. While the basic purpose of workers' compensation seems simple enough, the actual process of trying to obtain benefits is often anything but.
In order to qualify for benefits under the workers' compensation system, there are very specific requirements that must be met and protocols that must be followed. For example, workers who suffer an injury while at work or performing work-related duties must notify an employer of the injury and seek medical treatment within 30 days of the date the injury occurred. A formal claim must be filed by an employer and medical records must be submitted by a doctor to an employer's insurance provider.
In a best-case scenario where an insurance provider agrees to pay benefits, an individual should start receiving benefit payments fairly soon. There are many reasons, however, why a claim may be denied including insufficient medical documentation, the determination that an injury stemmed from a pre-existing condition and assertions that an injury wasn't work-related. For an injured worker and his or her family, the process of attempting to secure benefits can be confusing, frustrating and stressful as it may seem that an employer or insurance provider is doing anything and everything to avoid paying an individual the benefits to which he or she is entitled.
Due to the unfortunate and difficult realities of today's workers' compensation claims process, injured workers are advised to discuss their case with an attorney. The attorneys at Rosado, Apat & Dudley, LLP provide strong legal advocacy for injured workers and their families. Our attorneys are well-versed in all workers' compensation matters and have the knowledge, know-how and successful track record that are needed to take on insurance providers. Our singular goal is to ensure that injured workers and their families receive just compensation while they heal or attempt to deal with their disabling injuries.