Staten Island Worker Compensation for Denied Claims Lawyer

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Staten Island 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 Staten Island 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.

Common Reasons for Workers’ Compensation Claim Denials
Denied claims often occur due to misunderstandings or miscommunications during the compensation process. Some possible reasons for claim denials include:
 
  • 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.
Upon denial of your claim, the New York State Workers’ Compensation Board will provide an explanation for their decision. If you do not receive payments, it is an indication that your claim has been denied. At this point, you can request a hearing before the board to pursue your entitled benefits.
 
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Staten Island 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:

01

Financial Losses

This includes medical bills, property damage, and lost wages. Your attorney will gather evidence such as receipts, bills, repair estimates, and expert testimonies to assess your current and future expenses resulting from the accident.

02

Personal Losses

These encompass physical pain, emotional suffering, and mental distress. While it is challenging to assign a precise monetary value to personal losses (also known as non-economic damages), they are just as significant as financial losses.

03

Punitive Damages

It’s important to note that punitive damages can only be ordered by the court and are relatively rare. Your attorney will inform you if your case may qualify for punitive damages.

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:

  • Farmworkers
  • 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 workers’ compensation claim has been denied in Staten Island, reach out to Gabriel Legal Injury Lawyers for expert legal guidance. Our denied claims attorneys are dedicated to helping you navigate the appeals process and fight for the benefits you deserve. 

If Your Employer Discourages Your Workers' Compensation Claim in Staten Island

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.

 

Frequently Asked Questions

How Our Staten Island 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 Staten Island 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. 

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Determining Liability in an Staten Island 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.

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The sooner you contact a personal injury attorney in Staten Island 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:

01

Initial Consultation

This is an opportunity for you to share your account of the incident and ask questions about the case. The attorney will evaluate the viability of your case and provide appropriate advice before entering a fee agreement.

02

Case Investigation

Your attorney will conduct a comprehensive investigation, including interviews with you and witnesses, review of your background and medical records, to gather necessary information and determine the best course of action for your case.

03

Filing Court Documents

Your lawyer will file a personal injury complaint, which serves as the initial document of the case. The complaint outlines the nature of the incident and the injuries sustained, and must be properly served to the defendant along with related documents.

04

The Discovery Process

This involves the exchange of evidence between the involved parties. Interrogations, document requests, sworn statements, and depositions may be part of the process. Your attorney may also co

05

Pre-Trial Litigation and Motions

After reaching maximum medical improvement (MMI), your lawyer will demand compensation based on the full extent of your damages. Negotiations with the at-fault party’s insurers will take place to seek a fair settlement.

06

Trial

If an out-of-court agreement cannot be reached, the case will proceed to trial. The jury will determine the defendant’s liability, and if the verdict favors the plaintiff, the defendant will be obligated to compensate for the identified damages.

Arrange Your Free Consultation in Staten Island

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.

Let’s talk

Contact us today for a free consultation and let us assist you in moving forward after this challenging time.

Staten Island Worker Compensation for Denied Claims Lawyer

4.8 Stars
4.8/5
161
Reviews

REQUEST A FREE CONSULTATION

Please enable JavaScript in your browser to complete this form.
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