Understanding the Role of a Workers’ Comp Attorney in New York

Workers’ compensation is a crucial safety net for employees who suffer injuries or illnesses related to their jobs. In New York, the workers’ compensation system is designed to provide medical care and financial support to injured workers, regardless of fault. However, navigating this system can be complex and daunting, especially for those unfamiliar with legal and procedural nuances. This is where a workers’ comp attorney plays an indispensable role. 

By offering guidance, support, and legal representation, these attorneys help injured workers secure the benefits they are entitled to, ensuring that their rights are protected and their recovery is prioritized.

Richard H. Cole

Richard H. Cole
Partner

Thomas Hewner Esq.

Thomas F. Hewner
Partner

Donna Haslinger

Donna L. Haslinger
Partner

Vivian Roche

Vivian P. Roche'
Partner

Keith Rosso

Keith R. Rosso
Attorney

Tasha D. Frazie

Tasha D. Frazie
Attorney

The Initial Consultation

The first step in any workers’ compensation case is the initial consultation with a workers’ comp attorney. During this meeting, the attorney will gather detailed information about the incident, including the nature of the injury, the circumstances leading to it, and any immediate actions taken by the employer or medical professionals. This consultation serves as the foundation for building a strong case, as it allows the attorney to assess the situation, identify potential challenges, and develop a strategic plan for pursuing the claim. The attorney will also explain the workers’ compensation process, including filing deadlines, required documentation, and the types of benefits available, helping the injured worker understand what to expect and how to proceed.

Filing the Claim

One of the most critical aspects of a workers’ compensation case is the timely and accurate filing of the claim. New York has specific requirements and deadlines that must be met to ensure eligibility for benefits. A workers’ comp attorney will meticulously prepare and file the necessary paperwork, ensuring that all relevant information is included and that the claim is submitted within the required timeframe. This attention to detail is vital, as any errors or omissions in the filing process can lead to delays, disputes, or even denial of benefits. By handling the administrative aspects of the claim, the attorney allows the injured worker to focus on their recovery, reducing stress and uncertainty.

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Navigating Medical Treatment

Obtaining proper medical treatment is essential for the recovery and rehabilitation of injured workers. A workers’ comp attorney will assist in coordinating medical care, ensuring that the injured worker receives treatment from authorized providers who are experienced in handling workers’ compensation cases. Additionally, the attorney will work closely with medical professionals to secure thorough and accurate documentation of the injury, treatment, and prognosis. This medical evidence is crucial for substantiating the claim and supporting the worker’s eligibility for benefits. The attorney will also monitor the progress of the treatment and address any issues that may arise, such as disputes over the necessity or extent of medical care.

Handling Disputes

Disputes are common in workers’ compensation cases, often arising over issues such as the severity of the injury, the necessity of medical treatment, or the extent of disability. A workers’ comp attorney is instrumental in resolving these disputes, representing the injured worker in hearings and appeals before the New York State Workers’ Compensation Board. The attorney will gather and present evidence, including medical records, witness testimonies, and opinions, to support the worker’s case. 

The attorney will cross-examine witnesses and challenge the opposing party’s evidence, advocating for the worker’s rights and interests. This legal representation is critical in ensuring that the injured worker receives fair and just compensation, particularly when facing opposition from employers or insurance companies.

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Calculating Benefits

Workers’ compensation benefits are intended to cover medical expenses and a portion of lost wages resulting from the injury. However, calculating these benefits can be complex, involving various factors such as the worker’s average weekly wage, the severity of the injury, and the duration of disability. A workers’ comp attorney will meticulously calculate the benefits owed to the injured worker, ensuring that all relevant factors are considered and that the compensation is fair and accurate. The attorney will also advocate for the maximum benefits available under the law, challenging any attempts by employers or insurance companies to minimize or deny the worker’s entitlement.

Addressing Return-to-Work Issues

Returning to work after a workplace injury can be challenging, particularly if the worker has ongoing medical needs or restrictions on their ability to perform certain tasks. A workers’ comp attorney will assist in addressing return-to-work issues, facilitating a smooth transition for the injured worker. This may involve negotiating accommodations with the employer, such as modified duties or adjusted work schedules, to ensure that the worker can safely and effectively resume their job. The attorney will also advocate for the worker’s rights if any disputes arise over the return-to-work process, ensuring that the worker is not pressured into returning before they are medically ready or forced into a position that jeopardizes their health and safety.

Permanent Disability and Long-Term Benefits

In cases where the injury results in permanent disability, a workers’ comp attorney will play a crucial role in securing long-term benefits and support for the injured worker. This involves demonstrating the extent and impact of the disability, including its effect on the worker’s ability to earn a living and perform daily activities. The attorney will work with medical professionals and vocational specialists to develop a comprehensive case for permanent disability benefits, ensuring that the worker receives adequate financial support for the future. Additionally, the attorney will explore other potential sources of compensation, such as Social Security Disability Insurance (SSDI), to provide further assistance to the injured worker.

Third-Party Claims

In some cases, a workplace injury may involve the negligence of a third party, such as a subcontractor, equipment manufacturer, or property owner. A workers’ comp attorney will investigate the circumstances of the injury to determine if a third-party claim is viable. If so, the attorney will pursue additional compensation on behalf of the injured worker, holding the responsible party accountable for their actions. This can provide the worker with further financial support beyond the benefits available through the workers’ compensation system, helping to cover medical expenses, lost wages, and other damages resulting from the injury.

Advocacy and Support

Throughout the workers’ compensation process, a workers’ comp attorney serves as a trusted advocate and support system for the injured worker. The attorney provides guidance and reassurance, answering questions, addressing concerns, and offering advice on the best course of action. This ongoing support is invaluable, as it helps the injured worker navigate the complexities of the legal system, understand their rights and options, and make informed decisions about their case. The attorney’s commitment to the worker’s well-being and recovery ensures that the worker receives the care and compensation they deserve, fostering a positive outcome for the case.

Maximizing Benefits 

A workers’ comp attorney’s extensive knowledge of New York’s workers’ compensation laws and regulations enables them to maximize the benefits available to injured workers. By staying current with legal developments and precedents, the attorney can effectively advocate for the worker’s rights and interests. This legal knowledge is particularly important in complex or contested cases, where the attorney’s ability to navigate the intricacies of the law can make a significant difference in the outcome. The attorney’s experience in handling workers’ compensation cases also allows them to anticipate and address potential challenges, ensuring that the worker’s claim is as strong and comprehensive as possible.

Contact Us Today

Navigating the workers’ compensation system in New York can be challenging and overwhelming, particularly for those dealing with the physical and emotional aftermath of a workplace injury. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we are dedicated to providing the support, guidance, and legal representation you need to secure the benefits you deserve. 

Our experienced team understands the complexities of workers’ compensation law and is committed to advocating for your rights and well-being. If you or a loved one has suffered a workplace injury, contact us today to schedule a consultation and take the first step towards a successful recovery. Let us help you navigate the path to justice and ensure that your rights are protected every step of the way.

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