New York Worker Compensation for Denied Claims Lawyer
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New York City Workers' Compensation Denied Claims Lawyer
If you have been injured or developed an illness while on the job, you are typically entitled to workers’ compensation benefits. However, there are instances when your claim may be denied by the New York State Workers’ Compensation Board or your employer’s insurer. If you find yourself in this situation, it is important to know that you have the right to file an appeal.
The process of appealing a denied workers’ compensation claim can be complex. To navigate through it successfully, it is advisable to seek the assistance of a skilled New York City denied claims attorney from Gabriel Legal Injury Lawyers. They can help you understand the reasons behind the denial and explore the available options with you.
- Processing errors: The person handling your workers’ compensation claim may have been inadequately trained or misunderstood information on your application.
- Missed deadlines: To be eligible for compensation, you must report your injury to your employer within 30 days and file your claim with the New York State Workers’ Compensation Board within one year. Failure to meet these deadlines can result in claim denial.
- Perceived lack of seriousness: If the process or insurer deems your injuries to be insufficiently severe to warrant medical treatment, your claim may be denied.
- In certain cases, the insurer or the Workers’ Compensation Board may deny your claim if they believe you or someone else shares partial responsibility for your work-related injury or illness. Examples include:
- Being under the influence of alcohol or drugs at the time of the accident.
- External factors unrelated to work causing your injury.
- Your employer attributing your injury or illness to a pre-existing condition.
New York Worker Compensation Practice Areas
Third-Party Liability in Work-Related Incidents
In some situations, your workplace accident may have been caused by the negligence of an independent contractor or another third-party. If this is the case, you may have grounds to file a personal injury lawsuit against them. Typically, claimants have three years under Section 214 of the CPLR to take legal action. Adhering to this deadline is crucial to avoid potential dismissal of your lawsuit.
When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:
Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.
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Exceptions for Workers' Compensation Eligibility
While most employees are eligible for workers’ compensation benefits, there are exceptions. Workers who fall under the following categories may not be eligible:
- Independent contractors
- Seasonal workers
- Federal government employees
Even if you are not eligible for workers’ compensation benefits, there may still be options available for you to pursue damages.
If Your Employer Discourages Your Workers' Compensation Claim in New York City
Most employers are required to provide workers’ compensation benefits to their employees, regardless of fault in the accident. However, some employers may try to avoid taking responsibility and discourage you from seeking medical care.
After an accident, your employer should typically refer you to an insurance-covered physician and cover all related medical expenses. It is illegal for them to deny your claim in bad faith. If you find yourself in this situation, it may be wise to consult with an attorney from our firm.
How Our New York City Lawyers Can Assist with Your Denied Claim
Dealing with a denied claim can be complex and hinder your recovery. Let a workers’ compensation lawyer from Gabriel Legal Injury Lawyers handle the process and advocate for your rights.
Our services include:
- Gathering evidence such as medical records, relevant photos, surveillance footage, and witness statements
- Meeting deadlines set by the New York State Workers’ Compensation Board
- Filing an appeal and fighting the denial of your claim
- Representing you in legal proceedings, including mediation and hearings
- Negotiating a fair settlement on your behalf.
Feel free to discuss any concerns or questions you have with your attorney. At Gabriel Legal Injury Lawyers, we prioritize keeping you informed.
Our Payment Structure for Denied Claims Cases
Our law firm operates on a contingency basis, which means:
Your initial consultation is free of charge
We do not require hourly payments or upfront fees
Our fee is contingent upon the compensation we secure for you
If we don’t win your case, you don’t owe us a fee
With this payment arrangement, you can pursue your claim without financial risk.
Find a New York City Denied Claims Lawyer Near You at (212) 463-8888
Testimonials from Our Past Workers’ Compensation Clients
Since 2008, Gabriel Legal Injury Lawyers has been dedicated to assisting injury victims. Here’s what our client have said about our legal services:
“Thank you to Gabriel Legal Law Firm for helping out my husband during his workers’ compensation case. The staff and attorneys are very professional, and we should have hired them from the start instead of hiring another attorney who let us down…” – Elizabeth G.
We have also achieved successful outcomes for our workers’ compensation clients, securing awards of $5.25 million and $2 million.
Take the First Step in Your Denied Claim with Gabriel Legal Injury Lawyers Today
If your workers’ compensation claim has been denied in New York City, our attorneys are ready to review your case and guide you through the next steps.
Determining Liability in an New York Personal Injury Claim
Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.
It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.
By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.
The sooner you contact a personal injury attorney in New York City after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.
It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.
Overview of the Personal Injury Lawsuit Process
It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:
Filing Court Documents
The Discovery Process
Pre-Trial Litigation and Motions
Arrange Your Free Consultation in New York
Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.
Contact us today for a free consultation and let us assist you in moving forward after this challenging time.