How To Hire a Skilled Worker’s Compensation Lawyer in New York

What An Experienced Compensation Lawyer Will Prepare to Support Your Claim

‍They Will Gather All Medical Evidence

Medical Records – Your attorney will collect detailed records from all treating physicians and healthcare providers. This helps document your diagnosis, treatment, and prognosis of your injury or illness.

Medical Reports – Signed reports from your doctors are crucial. They should specifically link your injury or illness to your work-related activities or conditions.

Independent Medical Examinations (IMEs) – If required, an independent medical examination by an independent doctor chosen by the relevant insurance company may be called for. Here too, your lawyer will monitor your case to show that the findings are fair and accurately reflect your condition.

Preparing Accident Reports

Employer’s Accident Report – This is the initial report filed with your employer detailing the circumstances of your injury or illness. It’s a must-have report that can help you with your claim.

Witness Statements (If Relevant) – Your attorney has the authority to collect statements from coworkers or others who witnessed your accident or can attest to the conditions that led to your injury. This will be done with the consent of the participants.

Establish Work History and Job Description

Define Job Duties – Your lawyer will collect official descriptions of your job duties to demonstrate how the injury or illness is related to your work.

Layout Your Work History – Documentation of your employment history is an essential part of establishing the cause of your injury. This is important for showing your tenure and performance, to build credibility to your claim and the impact of the injury on your ability to work.

Collecting Photographic and Video Evidence (If Available)

Gathering Accident Scene Photos – Photos or videos of the accident scene and any equipment involved should be collected, along with records of any hazards that contributed to your injury. Your attorney can provide you the clearance necessary to access these.

Surveillance Footage – If there’s any available surveillance footage from your workplace showing the accident or your work conditions, it must be collected on time.

Documenting Employment Records

Payroll Records – Calculating your wages and hours worked will be indispensable when it comes to making an estimate of lost wages and benefits.

Acquire Attendance Records – Any records that show your attendance before and after the injury should be gathered to demonstrate the impact on your ability to work.

‍Getting Expert Testimony to Back Up Your Claim

Medical Expert Testimony – Confirmation from medical professionals explaining the nature and extent of your injury or illness and its impact on your ability to work is a must-have depending on the nature of your illness.

Vocational Experts – It’s also important to get professional opinions from those who can assess your ability to perform your job duties or any other type of work, given your injury or illness. Your attorney can arrange for this.

Your Personal Testimony

Your Statement – Your own recollection on the events is necessary. A detailed statement from you describing how the injury occurred, the symptoms you have experienced, and the impact on your daily life and work capabilities should be written out carefully. You can get your attorney’s input to do write one that’s ultimately favorable to you.

Family or Coworker Statements – Testimonies from family members or coworkers who can corroborate your account should also provide a statement. They should specifically describe the changes they have observed in your condition and capabilities.

All Correspondence Records and Insurance Documentation

Communication Records – Your attorney will file copies of all correspondence with your employer, insurance company, and healthcare providers related to your injury to support your claim.

Insurance Documentation – Insurance can influence the benefits you receive to some extent. All documents and forms submitted to the workers' compensation insurance carrier must be filed meticulously.

Show Proof of Compliance to the Worker’s Compensation Board

Timely Reporting – Show proof that you reported your injury or illness to your employer within the required time frame. Consulting a lawyer early on will help you file a claim within the allocated time frame, according to updated laws.

Show Treatment Compliance – All documentation you’ve collected should show that you have followed the prescribed medical treatments and rehabilitation plans. Failing to do so may result in receiving reduced benefits for a variety of reasons.

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The gathering and presenting of comprehensive evidence are essential for your lawyer to build a strong case on your behalf. Having these in place can expedite the processing of your compensation claim.