If you’re facing a workers’ compensation claim, we understand the emotional and financial strain that comes with it. You may be feeling confused, overwhelmed, or uncertain about the next steps. It’s normal to have worries about how your case will unfold, and we want to assure you that you don’t have to navigate this process alone. At this firm, we are committed to helping you get the best possible outcome in your workers’ compensation case. This guide will walk you through the general process of settling a workers’ comp claim in New York and explain how we can assist you every step of the way.
Richard H. Cole
Partner
Thomas F. Hewner
Partner
Donna L. Haslinger
Partner
Vivian P. Roche'
Partner
Keith R. Rosso
Attorney
Tasha D. Frazie
Attorney
Understanding Workers Compensation in New York
Before we dive into the process of settling your claim, it’s important to understand how workers’ compensation works in New York. Workers’ compensation is a type of insurance that provides benefits to employees who suffer job-related injuries or illnesses. If you’ve been hurt on the job, workers’ compensation should cover medical expenses, rehabilitation, and a portion of your lost wages while you recover. However, getting these benefits often requires going through a formal claim process, which can be complicated and stressful.
Filing Your Claim
The first step in the process is filing your workers’ compensation claim. This can be done by reporting your injury to your employer, who is then required to file a claim with the New York State Workers’ Compensation Board. You must provide details about the injury, including when it happened, how it happened, and the type of injury you sustained. The more accurate and thorough your claim is, the easier it will be to process.
At this point, it’s important to gather all necessary documentation, including medical records, witness statements, and any other evidence that supports your case. Missing or incomplete information can delay the process, so having a detailed record is essential.
The Insurance Company’s Role
Once your claim is filed, your employer’s insurance company will evaluate the situation to determine whether they will accept or deny your claim. They will assess the facts surrounding the injury, your medical records, and any other relevant information. If the insurance company accepts your claim, they will begin providing benefits as outlined by workers’ compensation laws.
However, insurance companies may not always accept a claim or they may offer a settlement that is lower than what you deserve. This is where having an experienced attorney on your side can make a significant difference. Our team can help ensure that your rights are protected and that you are fairly compensated for your injury.
The Settlement Process
If the insurance company accepts your claim, you may receive benefits, but that doesn’t necessarily mean your case is closed. At some point, you might be offered a settlement. A settlement is a lump sum payment that resolves your claim without the need for further litigation. It can be tempting to accept a settlement offer quickly, especially if you need money to cover medical expenses or lost wages. However, settling too soon can be risky, as it may not cover all of your future medical needs or ongoing loss of income.
The settlement process can be complex. After the insurance company offers a settlement, you will have the opportunity to review it. You should never accept a settlement without fully understanding its long-term impact on your financial and medical well-being. This is a crucial moment when legal guidance is invaluable. Our team can help you evaluate the offer and ensure that it fully covers your needs.
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Negotiating the Settlement
If the initial settlement offer doesn’t meet your needs, you have the right to negotiate. This is where an experienced workers’ compensation attorney can help. We will work on your behalf to negotiate a fair settlement that adequately covers your current and future expenses, such as medical bills, lost wages, and any ongoing treatment or rehabilitation.
During negotiations, we will also consider any potential complications that could arise in the future. For example, if your injury leads to long-term disability, we will ensure that the settlement provides compensation for these ongoing needs. The goal of the negotiation process is to get you a settlement that is fair and just, without having to go to trial.
Approval of the Settlement
Once a settlement amount is agreed upon, it must be approved by the Workers’ Compensation Board. This is a formal step in the process, and the board will review the terms of the settlement to ensure that it is fair and meets legal requirements. The board’s approval is important because it makes the settlement binding, meaning that both parties are legally obligated to follow through with the agreed-upon terms.
After the settlement is approved, you will receive the agreed-upon amount as a lump sum or in installments, depending on the terms of the settlement. Once the settlement is paid, your case is considered closed, and you will not be able to reopen it or request additional compensation in the future.
When to Seek Legal Help
Navigating the workers’ compensation process can be difficult, and the settlement process adds another layer of complexity. Many workers face challenges with their claims, whether it’s delays, denials, or unfair settlement offers. At this stage, it’s essential to have an experienced attorney by your side to ensure that your rights are protected and that you receive the compensation you deserve.
If you’re unsure about any part of the workers’ compensation process, or if you’ve received an unfair settlement offer, don’t hesitate to reach out. Our team is here to guide you through each step and help you make informed decisions.
At our firm, we understand the emotional toll that a workers’ compensation claim can take. We know you may feel confused, frustrated, and unsure of where to turn. Our goal is to make this process as smooth as possible for you. We will work with you to gather all the necessary documentation, negotiate with the insurance company, and ensure that you receive a settlement that meets your needs.
Whether your case involves negotiating a fair settlement, handling a denial, or appealing a decision, we are here to help. We are dedicated to helping you achieve the best possible outcome so that you can focus on your recovery and move forward with your life.
If you’re ready to take the next step in your workers’ compensation case, contact us today to schedule a consultation. We’ll discuss your options and work with you to develop a strategy that best suits your needs. Let us help you get the compensation you deserve.