New York employees who are injured on the job have the right to acquire benefits from their employers. Under New York employment laws, all business owners who employ workers are required to purchase and maintain worker’s compensation insurance to provide coverage for all work-related injuries. If your employer failed to comply with these employment laws, you should hire a Worker’s Compensation Attorney in Goshen NY to file a claim for compensation today.
Filing For Worker’s Compensation Benefits
At the moment, that an employee is injured while performing his or her work duties, the employer is required to send him or her to an emergency or urgent care facility for an evaluation. Unless the injury is minor and does not require medical treatment. When medical attention is required, the employer should provide him or her with a claim’s document for the attending physician to complete and return to the employer.
The findings of the evaluation determine whether or not the employee’s injury entitles them for further benefits. The physician has a three-day deadline to return this document to the employer for insurance submission. After the claim is received by the insurance provider, a claim’s adjuster is assigned to determine whether or not the injury is eligible for benefits through the policy.
Any work-related injury that warrants an extended absence from the employee’s work duties constitute an eligible injury. This does not include injuries that could allow the employee to return to work on light duty. However, it does include any injury that will prevent the employee from earning his or her wages. Once the claim’s adjuster completes their review, they notify the employer who notifies the employee of their decision.
Denial of Benefits
At any time that an employee possesses an eligible injury as outlined under NY worker’s compensation laws, he or she can hire an attorney after a denial of benefits. Although it sounds relatively cut and dry, these cases are actually complex in nature, especially if the insurer doesn’t wish to provide benefits. For this reason, any worker who is denied these benefits should consult William D. McGillicuddy Law Office PC, a Worker’s Compensation Attorney in Goshen NY to establish whether or not they have a viable claim.
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