Workplace injuries are very common, and approximately 129,000 nonfatal injuries occurred at workplaces across New York in 2020. If you suffer an injury at work, you may wonder, "Should I get a lawyer for my NY workers comp claim?” or if you should report the injury in the first place. The answer to both questions is yes.
You have a right to get compensated for any damages you sustained due to a workplace injury. The party responsible for compensating you is usually your employer, but other parties may be liable for your injuries. Consider the following scenarios to determine whether or not to call a workers’ comp claim lawyer.
The Nature of Your Injuries
The nature of the injuries sustained should influence your decision to get a lawyer. Serious and life-changing injuries will result in the following:
- Significant medical expenses
- Time lost from work
- Reduced earning ability
- Permanent or partial disability
The settlement amount for workers who suffer severe injuries will likely be higher. But insurance companies will try to reduce their liability by not properly classifying a disability. Having an attorney can help you understand the benefits you ought to receive.
Fatal and severe injuries in New York have decreased since 1993, but they are still quite high. For instance, there were 59 fatal work injuries in the city in 2020. It is important to get an attorney when such injuries occur because we can advise you on what to do and help you if you lose a loved one due to a workplace injury.
Your Workers Comp Claim Gets Denied
Employer’s insurance companies settle workers’ compensation claims often quickly. But this is not always the case. If your claim gets denied, it is a good time to ask, “Should I get a lawyer for my NY workers comp claim?”
An attorney can examine your case to identify why your claim was initially rejected. A workers comp claim may get rejected if the insurance company argues that:
- The injury you sustained was not from any workplace incident
- You did not suffer any injury or illness
- You failed to inform your employer when the injury occurred
A claim for benefits can get denied for many reasons. This is one of the reasons why working with a NY workers comp lawyer is key. An attorney can advise you on what to do and help you collect evidence to support your claim. This will make it easier for your claim to get accepted and for you to get a fair settlement.
A claim can also get rejected due to errors made by the claimant. A lawyer can counsel you on what not to do, such as:
- Do not sign any release form
- Do not fear reporting the accident because you cannot get fired
- Do not get intimidated into accepting a quick offer
A lawyer can deal with any situation that may prevent you from receiving benefits. Our attorneys have handled workers’ compensation claims before, and it will be easier to identify the most effective strategy to help you achieve a beneficial resolution to your claim.
There Are Multiple Liable Parties
Your employer may not always be liable for a workplace injury. A third party or more than one liable party may act negligently, causing a workplace incident that may leave you injured. In such cases, it is best to ask, “Should I get a lawyer for my NY workers comp claim?”
A lawyer can help you understand your options to recover damages and which party to hold liable. For example, a driver may cause an accident at a construction site where construction workers are on duty. Construction workers suffer the highest number of fatal unintentional injuries in the state, some of which are due to third parties.
A lawyer can help you file a personal injury claim against a third party if they are responsible for your injuries. Pursuing a personal injury claim against your employer is not legally possible. But you can receive workers’ compensation and still pursue a claim against any other third party.
How a Workers’ Comp Lawyer Can Help
Workers’ compensation is primarily meant to help employees who suffer injuries while at the workplace recover. But the process of recovering workers’ compensation is not easy, and you may be wondering, “Should I get a lawyer for my NY workers comp claim?”
Getting a lawyer can help you with your case and help you overcome any challenges to recovering compensation. A lawyer can clear up any doubts and provide answers if you are unsure how to move forward with your claim.
Brandon J. Broderick, NY Workers Compensation Lawyers
The NY workers compensation lawyers at the law firm of Brandon J. Broderick, Attorney at Law, are committed to pursuing justice for your work injury claim. Our compassionate, skilled attorneys have decades of experience pursuing compensation that puts our clients quality of life and best interest at the center. Offices throughout New York City and across New York State.
Contact us today for a free consultation for your NY workers compensation claim.