What You Should Know About Your Worker’s Compensation Rights When Filing A Claim Through Your Employer

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Robert Golan

Workers’ compensation is a good and helpful program for those who do not encounter any problems collecting their funds. However, sometimes collecting the compensation is not so easy due to a lack of willingness of the employer to cooperate in paying benefits. In situations like these, you will benefit by consulting a Long Island work accident compensation lawyer. The only thing usually needed to receive benefits, is to show a disability, illness, or injury related to the job.

Employee Advantages in Work Accident Compensation

If the company does not pay, potential beneficiaries have, at their discretion, the option to make a claim with the review board within 2 years of the disability, injury or illness related to the employment. There are several factors that tip the scale in the favor of the employee. One such advantage is that the law requires the employee receive monetary compensation for their disability, injury, or illness as long as it is job related, not self inflicted and not connected to the use of drugs or alcohol. Another advantage for the employee is the possibility of pursuing a 3rd party lawsuit, regardless of receiving Workers’ compensation benefits.

Use Discretion with Workers’ Compensation Claims through Your Employer

Unfortunately, Workers’ compensation claims are not always easy. At times, those representing the employer or insurance company are, for a variety of reasons, less than cooperative. Situations do occur where the actions of the proprietor or the insurance company representative indicates a refusal to pay. If this happens, the worker making the claim should exercise their rights by moving forward with legal action such as contacting a Long Island Workers’ compensation law firm. Examples of this situation are included below.

The insurance company representative often will inquire, even gather evidence, in an attempt to prevent a claim, by trying to show that the worker suffered from the present disability, injury or illness prior to the incident for which the claim is being made.

Many companies even have doctors that are paid directly by the employer, therefore influencing their judgment with determining the seriousness of the worker’s disability, injury or illness, obviously, often causing them to define the infirmity as less serious than it actually is, which allows the company to pay less in compensation. Seeing the company doctor is important when needed, however there is no harm seeking a 2nd opinion from a medical professional if you suspect there is a biased opinion of your medical problem.

Another problem delaying compensation for the employee is when the company influences the employee making the claim to take time off work in place of making a Workers’ compensation claim, convinces the employee to use the company’s group insurance rather than Workers’ compensation, or offers to compensate employees for lack of injury over a certain amount of time, all of which promote the wrongful act of not reporting health related claims within the company.

Taking Legal Action in Your Workers’ Compensation Claim

Everyone has the right to legal advice concerning health related issues on the job. If you are experiencing problems getting your employer to live up to their part of the deal, a Long Island Workers’ compensation attorney can help you to get what you rightfully deserve.

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