The Syracuse Workers Compensation Lawyers at McMahon Kublick PC can help you navigate the complexities of New York State workers compensation law and help you get the benefits you and your family deserve.
BEING INJURED ON THE JOB can leave you with huge medical bills and the inability or reduced ability to work and earn a living. In New York State, Workers’ Compensation laws are designed to ensure that you do have the ability to pay your bills, get back lost wages, and get disability benefits if you are unable to return to work.
If you were hurt on the job in Syracuse or anywhere in Upstate New York, you should know we fully understand the complexities of New York Workers’ Compensation law. Recent changes in the law make it more difficult than ever to navigate the claims system without a knowledgeable and experienced New York Workers Compensation Lawyer.
The Syracuse Workers Compensation Lawyers at McMahon, Kublick, PC understand the law and understand the emotional, physical, and financial difficulties you face if you have been injured on the job or suffer from a work-related illness. We tap all of our resources to help you.
What Benefits are Available to You From Workers’ Compensation?
New York Workers’ Compensation provides important rights and benefits, including:
- 100% of medical costs paid by your employer or its insurance carrier
- Usually, the doctor of your own choice
- A lost wage benefit up to a maximum rate
- A cash benefit for a permanent injury or impairment in certain circumstances
- Often a hearing before a Workers Compensation Board Law judge to address any disputed issues you may have with your employer or its insurance carrier
Do I Need a Lawyer to Help Me File My Workers’ Compensation Claim?
In recent years, the Workers’ Compensation Board has changed how it administers claims, often to the detriment of the injured worker. In the past, the Board automatically scheduled a hearing if a worker lost time from work or suffered a serious injury. Currently, the Board places the burden on the injured worker to prepare a case, obtain medical evidence of permanency, and request a hearing.
Compounding the issue, your interests and those of the insurance company who is to pay your workers compensation benefits aren’t the same. It is not unusual for a workers compensation insurance carrier to deny a valid claim outright, undervalue your benefits, or offer much less in terms of a payout settlement than that to which you are rightfully entitled, particularly if you have suffered a disability that is permanent in nature. All of this means that if you have been seriously injured, an experienced workers comp attorney can help make sure you navigate the system and get all the benefits to which you are entitled and deserve.
Let Our Experienced Syracuse Workers’ Compensation Attorneys Handle Your Claim
If your weekly New York workers’ compensation benefits or payments have been reduced, or if you have had surgery, a broken bone, facial scar, or if you have any permanent limitations or restrictions, you have the right to a hearing before a Workers’ Compensation Board law judge to consider further monetary awards provided for under the law.
Our experienced Syracuse Workers Compensation Lawyers helps enforce that right by representing clients across New York State at hearings and working to ensure full payment of benefits.
Our workplace injury team focuses on all types of injury law and can pursue every available avenue for recovery, including SSD benefits, workers’ compensation benefits, and a personal injury claim. Injury victims may be entitled to receive benefits through all three types of claims.
Syracuse Workers’ Compensation Lawyers You Can Rely Upon
No one ever expects to be hurt at work. While everyone has heard of workers’ compensation in New York, most of us don’t realize just how difficult or complicated getting New York workers’ compensation benefits can really be. Some of the types of workplace accidents that can occur include:
- Factory accidents
- Manufacturing injuries
- Construction accidents
- Warehouse accidents
- Accidents involving heavy equipment
- Toxic exposure
- Reflex Sympathetic Dystrophy (RSD)
- Carpal tunnel syndrome
- Exposure to HIV/AIDs and hepatitis
Additionally, when you have been involved in a third-party workplace injury, where non-job-related factors are involved, workers’ compensation claims can become even more difficult and complex.
How Workers’ Compensation in New York Works
In New York, workers who are injured on the job have certain responsibilities.
- Report the accident and/or injury to your employer as soon as possible. The employer must receive notice of the accident within 30 days.
- Seek treatment from a physician. Your medical bills should be covered by the employer or insurance carrier if it is a work-related injury.
- Be sure to tell the physician every part of your body that was injured to help document your claim.
- Be sure to follow your doctor’s orders and return for treatment or physical therapy according to his orders. It is very important to have up-to-date medical reports available at the time of hearings and for all periods when you were unable to work.
By law, injured workers in New York are required to file Form C-3 (Employee’s Claim for Compensation) with the New York Workers’ Compensation Board within two years from the date of the accident or from the date the medical condition was discovered to cause an occupational disease. New York worker’s comp deadlines are strictly enforced, and just one mistake when filling out a single form can put worker’s ability to recover compensation in jeopardy.
Can I Appeal My New York Workers’ Compensation Board Decision?
Yes. In fact, there are several reasons why as an injured worker you might want to appeal a NY Workers’ Comp judge decision. One of the most common reasons is that the judge’s decision was incorrect or unjust. For example, the judge may have denied the claim on the basis of insufficient evidence, even though there was ample evidence to support the claim. Alternatively, the judge may have awarded benefits that were lower than what the injured employee felt was fair and reasonable.
Another reason why an injured worker may choose to appeal a NY Workers’ Compensation judge decision is that they believe that the judge was biased or unfair in some way. For example, the judge may have shown a clear bias in favor of the employer, even though the evidence suggested that the employee was entitled to benefits. Additionally, the judge may have made procedural errors during the hearing that prejudiced the employee’s case.
Filing an appeal with the New York Workers’ Compensation Board or in New York State’s Supreme Court can be a complex, lengthy process. That is why it is critical that as an injured worker, you work with an experienced Syracuse Workers’ Compensation attorney.
Our Syracuse workers compensation appeals attorneys have years of experience with helping clients who have suffered employment related injuries appeal these types of complex workers’ comp cases not only in Syracuse and Central New York, but across the state.
Reviewing Your NY Workers’ Compensation Notice of Decision
If an injured employee disagrees with a workers’ comp judge decision, they must file a written appeal with the Workers’ Compensation Board within 30 days of the date of the decision. Failing to meet this deadline may result in the appeal being dismissed, and the original decision being upheld.
Once the appeal has been filed, the Workers’ Compensation Board will schedule a hearing within 12 weeks. This hearing will be held before a different judge, who will review the evidence presented by both sides and make a new decision. It is important to note that the decision of the new judge is final, and there is no further avenue for appeal.
Before filing an appeal, it is important to review the workers’ compensation notice of decision carefully. This document outlines the reasons why the claim was denied or why the award was lower than expected. It also provides information on the evidence that was considered and any legal standards that were applied. Understanding the reasons for the original decision can help injured employees prepare a more effective appeal.
If the notice of decision is unclear or contains errors, it may be possible to request a review of the decision by the same judge who made the original decision. This is known as a request for reconsideration. However, it is important to note that a request for reconsideration must be filed within 30 days of the date of the original decision.
Preparing for a Workers Compensation Hearing in New York
Preparing for a workers compensation hearing in New York can be a daunting task which is why you should never go it alone. The first step our team undertakes is to gather every piece of relevant evidence, including medical records, witness statements, and any other documentation that supports your claim. It is also important to prepare any witnesses who will be testifying on your behalf.
In addition to gathering evidence, a member of our NY Workers’ comp legal team will explain and help you understand the legal standards that will be applied during the hearing. This includes knowledge not only of New York Workers’ Compensation Law, but also any relevant case law that may apply.
Finally, it is important to work with an experienced Syracuse Workers Compensation Lawyers who can guide you, the injured worker, through the appeals process. Our Syracuse workers’ compensation legal team has a deep understanding of the law and the legal system in New York, as well as over 40 years’ experience representing injured workers in NYS workers’ compensation hearings.
What to Expect During an NY Workers’ Comp Hearing
During a workers’ comp hearing in NY, both the injured worker and the employer will have the opportunity to present evidence and testimony. The judge will consider all evidence presented by both sides and make a decision based on the facts and New York State law.
It is important to note that workers’ compensation hearings are typically less formal than traditional court proceedings. However, all parties are still expected to behave professionally and respectfully at all times. Additionally, it is important to be prepared to answer questions from the judge and to respond to any objections raised by the opposing party.
Common Mistakes to Avoid During the Appeals Process
One of the most common mistakes that injured employees make during the appeal process is failing to meet deadlines. It is vitally important to file an appeal within 30 days of the date of the workers’ comp judge decision. Additionally, it is important to respond promptly to any requests for information or documentation from the Workers’ Compensation Board.
Another common mistake is failing to prepare adequately for the hearing. This includes gathering all relevant evidence and working with an experienced workers’ compensation attorney. It is also important to be prepared to answer questions and respond to objections during the hearing.
Follow-Up Steps After the Appeal
Once the new judge has made a decision, it is important to carefully review the notice of decision to ensure that all benefits awarded are accurate and complete. If there are any errors or omissions, it may be necessary to file a request for clarification or reconsideration.
Additionally, it is important to continue to work with medical providers and follow any recommended treatment plans. Failure to do so may result in the termination of benefits.
Talk to an Experienced Syracuse Worker’s Compensation Lawyer Who Can Make Sure You Get the Benefits You Deserve
We know how difficult a work-related injury can be. That’s why the dedicated Syracuse Workers Compensation Lawyers at McMahon Kublick, P.C. are here to help you fight to recover all the benefits you deserve. We represent clients across the Syracuse and Central New York area including Auburn, Geneva, Watertown, Utica-Rome, Cortland and across all of upstate New York.
There is no obligation and every discussion is personalized and confidential. Central New York workers have relied on us for over 40 years to fight for their rights. Call (315) 238-2993 today or contact the McMahon Kublick PC law firm online today to speak personally with one of our Syracuse Workers’ Compensation attorneys.