Navigating the complexities of a workers compensation claim can be daunting. After 17 years as a workers comp lawyer, I’ve seen a fair share of pitfalls that can jeopardize your case. Here are some of the most significant red flags to avoid if you want to maximize your benefits and ensure your claim is approved.
One of the most common mistakes people make is waiting too long to file their claim. In New York, you have 30 days to notify your employer of your injury and two years to file your claim. Delaying this process weakens your case, making it seem less credible to both the judge and the insurance company. Their thought process is simple: if your injury was severe, why didn’t you seek treatment and file immediately? To strengthen your case, notify your employer as soon as possible, even if you believe your injury is minor.
In addition to filing your claim, it’s crucial to submit notice of your injury to your employer within 30 days, either verbally or in writing. While the law allows for verbal notice if your employer has actual notice (like witnessing the injury), providing written notice is always safer. This documentation helps prevent disputes about the timeline of your injury. If you fail to give proper notice, you could be barred from filing for workers comp altogether, losing out on medical coverage and benefits for lost time.
Your choice of doctor can significantly impact your workers comp case. In New York, you’re free to choose your treating doctor, provided they are coded by the New York Workers Compensation Board. It’s essential to pick a doctor who regularly accepts workers comp claims and is familiar with the necessary forms and processes. Their medical reports play a pivotal role in whether your case gets approved or denied.
Clear communication with your treating doctors is vital. Make sure to inform them that your injury is work-related and explain how it happened. Detail all the body parts affected and any symptoms you’re experiencing, no matter how minor they seem. Insurance companies scrutinize medical records to find reasons to deny benefits. If your medical records don’t reflect your claims accurately, it can severely damage your case. Honesty is crucial; disclose any prior injuries, accidents, or workers compensation claims to avoid accusations of insurance fraud.
Missing medical appointments is another red flag. In New York, the insurance company can require you to attend an Independent Medical Exam (IME). Skipping these exams or failing to see your doctor regularly for updated medical reports can lead to suspension of your benefits. Consistent medical records protect you and help document any new issues related to your injury.
Many workers comp claims end in settlements, but the first offer from the insurance company is often not the best one. They aim to minimize settlement values, knowing that most people lack legal experience. Pushing back and negotiating can lead to a significantly better settlement. Having a lawyer on your side can be invaluable in this process, ensuring you receive the compensation you deserve.
Quitting your job while receiving workers comp benefits can jeopardize your monetary awards. Employers might claim they had “light duty” work available, suggesting you refused a suitable job. Similarly, retiring can give the insurance company grounds to argue that you would have left your job anyway, affecting your benefits. Always consider the impact of quitting or retiring on your workers comp case and consult an attorney if you’re unsure.
Perhaps the biggest mistake is trying to handle your workers comp claim without legal assistance. Many injured workers think they can manage on their own, only to realize too late that they’re in over their heads. By the time they seek help, they may have made irreversible mistakes. Consulting a lawyer early in the process is free and confidential, and it can significantly increase your chances of a successful claim and higher compensation.
If you or a loved one has been injured on the job in New York and need assistance with your claim, feel free to reach out to me at 212-406-8989 for a free consultation. Whether it’s a workers comp case, personal injury matter, social security disability, or labor and employment issues, we’re here to help.
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