Workers' compensation is supposed to provide benefits such as medical coverage or wage replacement to workers who are injured on the job. Unfortunately, many claims are unjustly denied by the employer or insurance company.
If your workers' compensation claim was denied, the employer is questioning your injury, or the insurance company is not paying for your treatment, contact Ryan Roach & Ryan LLP. We represent injured workers in Ulster County and throughout the Hudson Valley to make sure they get the benefits they deserve.
Eligibility for Workers' Compensation in Ulster County
Workers' compensation is a no-fault system for workplace injuries and illnesses. Workers are provided medical care for their injuries and wage replacement at two-thirds of their average weekly wage. Most employers in New York must carry workers' compensation insurance to cover their employees.
If you are injured on the job or become ill related to your job or workplace, you should seek medical treatment. As soon as you can, you should notify your supervisor or employer about the injury or illness and what happened. Following treatment and reporting the accident, you can file a claim with the New York Workers' Compensation Board (WCB).
Workplace Injuries and Occupational Diseases
Covered injuries are those related to an accidental injury arising out of and in the course of employment. Also covered are occupational diseases which are caused by the work activity (such as carpal tunnel syndrome caused by repetitive activity at work). Consequential conditions such as depression arising from a work injury may also be compensable. Medical benefits are provided for all established injuries or conditions, and indemnity benefits for lost time from work are provided when supported by medical evidence of disability.
The degree of ongoing disability from injuries and occupational diseases may be described as one of the following:
- Temporary Total Disability: Working capacity is lost totally but only temporarily.
- Temporary Partial Disability: Working capacity is lost partially and on a temporary basis.
- Permanent Total Disability: Working capacity is permanently and totally lost.
- Permanent Partial Disability: Permanent partial disability could include the loss of an extremity, eyesight, or hearing.
Filing a Workers' Compensation Claim in Ulster County
Filing a workers' compensation claim begins with completing the Employee Claim (C-3) form. This can be completed online or by filling out a paper form. You may also be able to fill out a form in person at a Workers' Compensation Board Office.
The Albany District WCB handles workers' compensation claims filed in Ulster County, Dutchess County, and many other Hudson Valley counties. The office is located at:
150 Broadway, Suite #195
Menands, NY 12204
Workers' Compensation Claim Denied or Benefits Cut Off
An employer or insurance provider may cut off your benefits prematurely or deny your claim. The insurance company may try and claim that your injury is not disabling or you are still able to return to work. Instead of just accepting the insurance company's denial, talk to a New York workers' compensation injury attorney to get your benefits and medical coverage.
The insurance company can have the injured worker examined by a physician. Refusing to attend a medical examination may affect your workers' compensation claim.
If the insurance company contests your claim, they must file a “notice of controversy” with the WCB within 18 days after the disability or within 10 days of learning about the accident. The case may then go before a workers' compensation administrative law judge who will make a decision about the claim. If the judge upholds the insurance company's denial, the worker can file a review of the judge's decision within 30 days.
Talk to an experienced workers' compensation attorney as soon as you find out that the insurance company is contesting the claim or if you suspect the insurance company or employer is going to try and deny coverage. Workers' compensation claims can be complex and you should have an experienced advocate on your side to represent your interests.
Beware of a Quick Settlement From the Insurance Company
In some situations, the insurance company may come forward to offer a settlement. Do not sign away your rights without making sure you understand what you are giving up. Talk to a lawyer to make sure you are getting all that you deserve.
Ulster County Workers' Compensation Law Firm
The lawyers at Ryan Roach & Ryan, LLP understand how frustrating it can be for injured workers to deal with the insurance company after suffering a workplace injury. We work with our injured clients and their families to make sure they get the benefits they need. For experienced legal representation in workers' compensation claims and challenging a workers' compensation denial in Ulster County and throughout the Hudson Valley, call us at (800) 901-2525 today for a free consultation.