WORKERS’
COMPENSATION FAQ

Workers’ compensation is designed to cover all the costs of necessary medical care after an accident that takes place at work or while performing work-related duties. If a doctor deems that surgery of any kind is medically necessary in order for you to recover from your work-related injury, then workers’ compensation should cover the cost.

According to New York law, covered medical care under workers’ compensation includes the following:

– Medical

– Dental

– Surgical

– Optometry

– Medically necessary drugs

– Medical devices

If an insurance company tries to tell you otherwise, or if they deny coverage for medically necessary surgery, you may need to litigate the issue before a workers’ compensation law judge.

However, one important detail to note is that in order to be covered in most cases, medical care must be performed by a health care provider who is licensed and registered with the New York Workers’ Compensation Board.

If you were treated in an emergency, this requirement may be waived. When in doubt, contact an experienced workers’ compensation lawyer to ensure you are receiving the full benefits to which you may be entitled.

Family members may qualify for workers’ compensation benefits in the event of a loved one’s death. If you were dependent on the wages of your lost loved one, survivor benefits may help provide some financial stability during your period of grief.

Some examples of family members who may be entitled to workers’ compensation benefits include:

– Spouse of the deceased

– Children of the deceased under the age of 18 at the time of the fatality, or those who are blind or disabled

– Other legal dependents

– Parents or the estate of the deceased in the event that there is no surviving spouse, children, or dependents

If your family member was injured or killed in a workplace accident, contact a workers’ compensation attorney to find out if your family may be eligible for financial compensation. Help may be available.

An experienced workers’ compensation attorney can help ensure you receive the full amount of benefits you may be entitled to after a workplace injury, as well as help you fight a wrongly denied claim. This may include gathering evidence that shows how you were injured at work, preparing and submitting all of the relevant claims paperwork on your behalf, as well as handling all communications with your employer’s insurance company. If an insurer denies your claim, a workers’ compensation lawyer can help resolve the situation by appealing the decision to the New York Workers’ Compensation Board in your name.

Perhaps most importantly, working with a workers’ compensation lawyer will leave you with more time to focus on what is truly important in the aftermath of a workplace accident: taking the time you need to heal.

While you are not required to have an attorney to file a workers’ compensation claim, it is recommended that you consult a lawyer to help ensure you receive the full amount of benefits you may qualify for.

Filing a workers’ compensation claim is not the same as filing a lawsuit. Instead, you are submitting a claim with your employer’s workers’ compensation insurance. Because of this, it is possible, though not necessarily advisable, to file a workers’ compensation claim on your own. Unless you have extensive experience in preparing a successful claim, negotiating with insurers, and have knowledge of the benefits and compensation your particular injury and circumstances qualify for, it can be all too easy to receive an undervalued or wrongly denied claim.

If your workers’ compensation claim was denied, contact an attorney who specializes in workers’ compensation today. A workers’ compensation lawyer can help you understand if your valid claim was wrongly rejected, and if so, take steps to get your claim established. Sometimes an insurance company may reject a claim if there is too little evidence or not a clear connection to a workplace accident or job-related tasks. In other cases, they may not offer the full amount of benefits that a worker may be entitled to.

If your claim was rejected in full or in part, you may still be able to receive financial compensation. Contact Shulman & Hill to discuss the details and find out if you may have a case.

You do not need to be a U.S. citizen or permanent resident to qualify for Workers’ Compensation benefits. Even employees who are paid off the books can file a Workers’ Compensation claim.

The primary purpose of a Worker’s Compensation claim is to cover your lost wages and your medical treatment relating to the work accident. If permanent injuries occur as a result of your work accident, you may be entitled to a lump sum award depending on several factors. These factors include your average weekly wage, injured body parts, and lost time/work status. Settlement and awards are case-specific and should never be compared to another person’s Workers’ Compensation case.