Between medical appointments, lost wages, and the stress of tackling the workers’ compensation process, it’s easy to feel like you’re facing a work-related injury alone. But you don’t have to.
In this article, we share (9) tips on how to win a workers’ comp case. While nothing is guaranteed, these best practices can help you work toward the compensation you deserve.
At Schwartzapfel Lawyers, we’ve been helping injured workers in New York recover financially for decades. With over (150) years of combined experience, we’re here to guide you through every step of your workers’ comp case to help you secure the benefits you’re entitled to. Call us now at 516-342-2200 or reach out online to keep your rights protected every step of the way!
1. Report Your Injury Right Away
The first step after any workplace injury is to tell your employer immediately. In New York, you’re required to report your injury within (30) days. Failing to do so could result in a loss of benefits. Even if your injury seems minor at first, it’s vital to create a record in case it worsens over time. Don’t wait, and don’t guess — report it.
2. Seek Medical Treatment
Once you’ve reported your injury, get medical attention right away. This is crucial for your health and your case. Delaying treatment could allow the insurance company to argue that your injury isn’t as severe as you claim.
In New York, it’s important that you go to a doctor who is authorized by the Workers’ Compensation Board. This ensures your treatment is properly documented for your claim. That being said, you don’t have to rely on your employer’s doctor. You have the right to choose a medical provider as long as they are authorized.
3. Hire An Experienced Workers’ Comp Attorney
Taking on the workers’ comp process without legal help is risky. Insurance companies are looking out for their bottom line, not for you. Hiring a seasoned workers’ compensation attorney gives you a significant advantage.
At Schwartzapfel Lawyers, our team can help you gather evidence, document your symptoms, and deal with the insurance company on your behalf. This allows you to focus on healing while we work to secure the maximum compensation you’re entitled to. Call us now at 516-342-2200 for a free consultation and so much more.
4. Document Everything!
When it comes to workers’ compensation cases, thorough documentation is key. From the moment you’re injured, keep track of everything. This includes your symptoms, medical visits, treatments, and how your injury affects your daily life.
The more detailed you are, the stronger your case will be. Instead of saying, “I feel pain,” try to describe how that pain limits your ability to work or perform normal activities.
It’s also important to review your medical records and ensure they accurately reflect your condition. Inaccurate or incomplete records can hurt your case, so don’t hesitate to speak up if something seems wrong.
5. Be Prepared For Independent Medical Examinations (IMEs)
At some point, the insurance company may ask you to attend an independent medical examination (IME). While the term “independent” suggests neutrality, insurance companies often use these exams to challenge the severity of your injury. It’s essential to be prepared for this examination.
Before your IME, review your medical records and be ready to clearly describe your injury and how it impacts your ability to work. An IME corroborating your injury can significantly improve the strength of your case.
6. Avoid Common Mistakes That Could Hurt Your Case
Many workers make mistakes during the workers’ compensation claims process that can seriously affect the outcome. To avoid these pitfalls, make sure you:
- Report your injury immediately
- Seek prompt medical care
- Follow all medical advice and treatment plans
- Don’t speak to the insurance company before consulting a skilled workers’ compensation lawyer
- Keep thorough records of your medical visits, treatments, and work-related restrictions
Avoiding these mistakes can help you secure the benefits you deserve. If you’re unsure about any step in the process, call Schwartzapfel Lawyers at 516-342-2200. In one call, we’ll make sure your rights are maintained and that you receive the support and guidance you need.
7. Know Your Workers’ Compensation Benefits
In New York State, injured workers are entitled to several types of benefits, including but not limited to:
- Temporary Disability Benefits: Payments while you’re unable to work due to your injury.
- Permanent Disability Benefits: Compensation for lasting impairments.
- Medical Benefits: Coverage for necessary medical care related to your injury.
- Vocational Rehabilitation: Assistance in finding work within your physical limitations.
- Travel Reimbursement: Compensation for trips to medical appointments.
The insurance company may not fully explain the benefits you’re entitled to, so it’s helpful to have the right workers’ comp attorney by your side to ensure you get what you deserve.
8. Be Aware Of Insurance Company Tactics
Workers’ compensation insurance companies are profit-driven businesses. They may use every tactic they can to reduce or deny your claim. One common strategy is surveillance.
For example, an insurance company may hire investigators to observe you in public, hoping to catch you doing something that contradicts your injury claim. For example, if you claim you can’t lift heavy objects but are seen carrying groceries, they could use that against you.
Be mindful of your actions and always be honest about your physical limitations. If you believe an insurance carrier is watching you or engaging in other questionable tactics, please reach out to Schwartzapfel Lawyers at 516-342-2200 or schedule with us online today. We know how to counter these strategies and how to protect your claim both in and out of court.
9. Consider Your Long-Term Needs
Workers’ compensation claims aren’t just about covering immediate medical bills but also addressing the long-term impacts of your injury. If you’ve suffered a permanent disability, you’re often entitled to ongoing benefits or a lump sum settlement. Still, it’s important to evaluate your future medical and financial needs before accepting any offers.
An experienced attorney can help you assess whether a workers’ comp settlement is in your best interest, making sure you don’t settle for any less than you deserve.
What Happens If Your Workers’ Comp Claim Is Denied?
Filing a workers’ compensation claim doesn’t guarantee smooth sailing. In some cases, claims can be denied. But don’t worry: This isn’t the end of the road. If your claim is denied, you can challenge the decision and secure the benefits you deserve.
First, review the reason for the denial. Was it a technical error? Missing documentation? Maybe the insurance adjuster is questioning whether your injury is work-related.
Once you know why your claim was denied, you can gather the evidence and documentation to address the issue. This is where a knowledgeable workers’ comp lawyer can make a big difference.
Appealing a denial involves strict deadlines and complicated legal procedures, so act quickly. If your claim was denied, call Schwartzapfel Lawyers at 516-342-2200 to discuss your case and learn how we can help you take on the appeals process.
Why You Shouldn’t Settle Too Soon
When you’re injured and out of work, the temptation to quickly settle your workers’ compensation case can be strong. While a quick workers’ compensation settlement might seem like a good way to put everything behind you, it can cost you in the long run.
Once you settle, you typically can’t go back for more compensation if your injury turns out to be more severe than you thought. That’s why it’s essential to take your time, fully understand your medical condition, and carefully evaluate your future needs before agreeing to any settlement.
Working with an experienced attorney ensures that any settlement you accept truly reflects the full scope of your personal injury, including future medical expenses and lost wages.
Your Time Is Limited: Act Now!
New York has strict deadlines for filing workers’ compensation claims. If you miss these deadlines, you could lose your right to collect workers’ comp benefits. Don’t wait — start the process as soon as possible. The sooner you report your injury, seek medical treatment, and consult with the right attorney, the better your chances of success.
At Schwartzapfel Lawyers, we’re committed to fighting for your rights and getting you all the money and benefits you deserve. No matter your situation, it will be our honor and privilege to represent you and help secure your financial future.
Call us now at 516-342-2200 or schedule your free consultation online today!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
The Claims Process – The First Steps | NY WCB
Independent Medical Examinations | NY WCB
