Injured workers often need an attorney to protect their rights. Insurers and employers may not operate in good faith. For example, the insurer should pay for the worker’s medical treatment. Likewise, workers are entitled to a wage replacement check every two weeks. The amount of the check will be two-thirds of their average weekly wage. To protect these rights, the correct process must be followed.
First, workers need to report injuries right away. Further, there is a thirty-day deadline to notify the employer in writing when an injury occurs. A workers’ compensation lawyer in Queens County, NY makes the process easier. The lawyer reviews the claim and tells the client what they are entitled to. Additionally, lawyers make sure everyone follows the guidelines. Indeed, employers should report the injury to the State Workers’ Compensation Board and the insurer. In addition, the insurer has to start paying benefits within 18 days of the injury.
Families are also entitled to benefits if an injury is fatal. The insurer pays up to $6,000 for funeral costs. Further, the surviving spouse or minor child receives weekly benefits. Children are entitled to benefits until age 23 if they are full-time students. Otherwise, benefits stop at age 18. Finally, the insurer may have to pay the estate $50,000 if no one qualifies for weekly benefits.
The claim should not be denied as long as the injury or illness is work-related. Injuries are usually not compensable if they are the employee’s fault. For instance, a worker will not be paid if they hurt themselves while intoxicated. The workers’ compensation lawyer in Queens County, NY may think the claim was wrongfully denied. If so, the lawyer files for a hearing. During the hearing, the lawyer presents evidence to support the worker.
Frequently, the insurer tries to dispute the severity of an injury. The lawyer presents evidence from the treating physician to counter this. On the other hand, the employer may say the injury did not happen at work. Judges may take a couple of weeks to make a ruling. Additionally, workers have a right to appeal unfavorable decisions. To learn more, visit online the Law Office of Steven R. Smith.
