Frequently Asked Questions About Injury Claims Answered By A Workers Compensation Attorney In Nassau County, NY

by | Nov 16, 2016 | Lawyer

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In New York, all worker’s compensation claims are processed through the Worker’s Compensation Board of New York. The government agency prevents the employer’s insurance provider from committing fraud or denying viable claims. However, the initial claim is filed through the insurance provider. The following are frequently asked questions about injury claims answered by a Workers Compensation Attorney Nassau County NY.

Why are Worker’s Compensation Claims Necessary?

A worker’s compensation claim is necessary to provide payment for the worker’s injuries. These claims begin with a medical assessment. The worker must undergo an examination and treatment to identify their exact condition. If they are denied benefits based on these injuries, they file a worker’s compensation claim to collect these monetary benefits and payment.

Where Should Workers Start Their Claim?

They must report the injury to their employer within thirty days. Their employer starts their initial claim by providing necessary forms to process the claim. They need these forms completed to file the claim with their insurer. It is the insurer who makes the initial decision about the worker’s claim.

Who Submits the Medical Examination Report?

The doctor who provides treatment is supposed to submit the report to the insurer. However, the worker has the right to acquire the completed forms from their doctor. They must file the form with their employer’s insurance agency within ten days of receiving treatment. Once the insurer receives these forms, they evaluate the claim based on the terms of the insurance policy.

Who Makes the Final Determination in These Cases?

Once the claim is denied, the worker has the right to acquire legal representation. Their attorney starts an appeal through the Worker’s Compensation Board of New York. An additional medical examiner reviews the worker’s claim to determine if an error occurred. An Administrative Law Judge makes the final determination about ongoing benefits for the worker. If the worker was injured while performing job duties, their employer could not deny medical payment for the injuries.

In New York, all employers process injury claims for their workers once an accident occurs. These claims entitle the workers to payment for their medical treatment. Select workers are entitled to monetary benefits if they need ongoing treatment. Employees who need a Workers Compensation Attorney Nassau County NY contact the Law Office of Steven R. Smith or Click here today.