In 2010, the Workers’ Compensation Board created guidelines for medical treatment and the insurance company may deny payments for treatment outside those guidelines. We understand the complex guidelines and can advocate for your treatment should a doctor’s request for medically necessary treatment be denied.
New York Attorneys Assist You When Your Medical Treatment Has Been Denied
We diligently fight for your work comp and disability benefits
Unfortunately for injured workers throughout New York, Workers’ Compensation medical benefits are sometimes wrongfully denied. This can result from a bad faith denial or due to a lack of medical evidence to support for your claim. It is not uncommon for insurance companies to hire investigators to observe the behavior of benefit recipients to determine if their injuries are consistent with their daily functions. Sometimes a simple phone call to the insurance company or the Workers’ Compensation Board can solve the problem, but more often it is necessary to enlist the services of an experienced Workers’ Compensation law firm like Severance, Burko, Spalter, Masone & Laurette PC.
Our attorneys know what to expect from the WCB
If you are denied workers’ compensation for an on-the-job injury it is important to remember that you may still be entitled to benefits. Our talented attorneys are prepared to assist you each step of the way including:
Board Panel Decision – If you receive an unfavorable decision, we will review and determine if there is a basis to appeal to the Board on your behalf
Compensation Judges Full Board Review – If you are unsuccessful at the Board Panel Decision, we will then evaluate the case for a request a full board review
State Appellate Review – If the decision is unfavorable, we will evaluate an appeal to the Appellate Division, Third Department, Supreme Court of the State of New York
Having a skilled Workers’ Compensation lawyer at your side makes all the difference
Workers’ compensation law covers employees who are injured on the job, including undocumented workers. Benefits are provided to injured workers employed full-time, part-time and those working on a volunteer basis. If you or a family member has suffered a work-related injury you may be entitled to cash benefits for lost or reduced wages, medical benefits and possibility death benefits for surviving spouses and/or dependent children if the injury resulted in fatality. The attorneys at our Brooklyn and Staten Island offices know how to handle these claims and help clients prepare for the difficulties ahead.
Our dedicated attorneys guide you through the workers’ compensation process
Even if you are at fault for your employment-related injury, you have the right to seek compensation provided you were not intoxicated or under the influence of drugs when the accident occurred. Medical reports, accident reports and witness statements are common ways to prove workplace injuries and disabilities. Whether or not a worker is covered is a factual determination made by the Workers’ Compensation Board and it is important to follow these steps if you have been hurt at work:
Seek medical attention immediately
Notify your manager, supervisor and/or employer within 30 days of the accident or injury
Keep track of all documents and paperwork associated with your injury
You must file a claim for a site of injury with the Workers’ Compensation Board within 2 years of the accident or injury
Keep track of mileage to and from doctors, therapists and physicians because these expenses can be reimbursed
Obtain and keep receipts for out-of-pocket expenses such as prescription medications, bandages and any other costs associated with your injury
Maintain records of your earnings and tax documents because you can be compensated for reduced earnings if your pay is decreased because of your injury
Get an attorney who knows New York Workers’ Compensation and Social Security Disability laws
We provide effective, reliable, aggressive work injury representation
It is important to the success of your claim that each of the steps above are followed closely to ensure the best possible outcome. Our attorneys keep a close eye on evolving workers’ compensation and disability laws as they continue to change and evolve. With our attorneys at your disposal your legal questions will be answered and we will help you explore all possible avenues of compensation and recovery. We make sure all relevant paperwork is filed on time and filled out accurately to avoid unnecessary delay. We proudly serve clients in the Five Boroughs, Long Island, Westchester and beyond.
If you have suffered a work-related injury, you deserve compensation. Contact us today.
Dealing with employers and insurance companies to get the compensation you are owed can be a daunting task. The attorneys at Severance, Burko, Spalter, Masone & Laurette PC understand these difficulties and we have over 75 years of experience helping our clients obtain their due compensation. If you are experiencing an on-the-job injury, give us a call at (718) 625 2300 to set up an appointment at our office in Brooklyn or Freeport, NY office. Hablamos Español.