Reviewing Your Case With A Workers Compensation Attorney In Hempstead, NY

by | Jan 15, 2016 | Law

New York workers are protected by labor laws. These laws require the employer to maintain a safe working environment for all workers. These strategies are outlined by agencies such as OSHA. When an employee becomes injured on the job, a Workers Compensation Attorney Hempstead NY, helps them file a formal claim.

Filing a Claim through the Employer

Initially, all worker’s compensation claims are filed through the human resources department. This office provides the employee with all the necessary forms to complete the claim’s process. To begin this task, they send the worker to an emergency room or urgent care facility for medical treatment. When necessary, emergency medical services are notified.

Receiving Medical Attention and Acquiring Records

When the worker receives medical attention, the doctor must complete a report. This report identifies the injury and how it was sustained. It details the entire accident and explains how these injuries will affect the worker and their ability to return to their job. The doctor must file this report with the insurance provider within a period of ten days.

When the Claim is Turned Down

After the insurance provider receives the report, a claim’s adjuster reviews it. They determine if the injuries qualify under the terms of the policy. They determine how much is paid for their medical expenses. They also determine if the worker receives monetary benefits for lost wages. The claim’s adjuster must notify the worker of this decision through a formal correspondence.

If the claim is denied, the worker may appeal it in court. This process allows them to submit their appeal to a judge. This judge evaluates the policy as well as the worker’s medical records. They present a decision before the end of the hearing. If the worker is denied a second time, they have the right to file a formal lawsuit.

New York workers receive funds and benefits through worker’s compensation insurance. These policies are designed to provide medical coverage and monetary benefits. They provide these benefits until the worker can return to work. Workers who are denied these benefits should contact a Workers Compensation Attorney Hempstead NY, at the Law Office of Steven R. Smith or Click Here for additional information.

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