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Workers Comp Lawyers

Workers Comp Lawyers ensure that injured workers receive both medical care and wage loss benefits when hurt on the job.  New York State Workers’ Compensation is essentially a “no-fault” system. This means that workers may receive benefits even if they are the sole cause of their accident.  Fault does not impact the benefits received unless a worker’s injury was caused solely due to his or her intoxication or intent to injure themselves or another. The workers’ compensation system has been in place since 1914. The system was created as a direct result of the Triangle Shirtwaist Fire in NYC on March 25, 1911. Just under 150 people died in that tragedy, with little recovery to victims through the courts.

OVERVIEW OF THE WORKERS’ COMPENSATION SYSTEM

With the assistance of the Workers Comp Lawyer and in exchange for relinquishing the right to sue one’s employer, the injured worker may file an insurance claim. The workers’ compensation insurance carrier must pay weekly benefits for lost wages as well as cover medical bills. Workers’ compensation benefits apply to those who suffer from an accident within the scope of employment.  The benefits also apply to those who sustain a job-related illness or occupational disease. Occupational diseases can include carpal tunnel syndrome, hearing loss, vision loss, or debilitating arthritis.  With limited exceptions, the law requires all employers in New York State to have workers’ compensation coverage.  An injured worker should always retain an experienced workers comp lawyer.

In addition to processing claims, the Workers’ Compensation Board enforces compliance with the law and it polices the delivery of benefits to injured workers. When an insurance carrier refuses to pay benefits, the worker has a due process right to a hearing before a Judge. During such a hearing, it will be determined whether the insurance carrier must pay for lost wages and/or medical treatment which may have been denied. Skilled attorneys will represent the insurance company at all workers’ compensation hearings.  This is why it is imperative to retain an experienced workers comp lawyer to represent your interests.

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WHAT CAN A WORKERS COMP LAWYER AT THE PLATTA LAW FIRM DO FOR YOU?

After an accident, the injured worker must immediately take certain steps. The first thing that a workers comp attorney will tell all claimants is to get necessary medical care. From there, the attorney will ensure that the worker has adequately advised his or her employer of the accident and injuries. The worker must give an employer notice of the accident in writing within 30 days. A worker’s failure to give proper notice can lead to denial of the claim. Our workers comp lawyer will then assist with the preparation and filing of a C-3 form. The filing of this form marks the start of the case. The workers comp lawyer from our law firm will review all information on the C-3 form for accuracy. An error or omission on a C-3 can be fatal to a claim.

Once the C-3 form is filed, the workers comp lawyer will then evaluate the sufficiency of the medical evidence. To formally “establish” a claim, the worker must submit medical records which meet specific criteria. Typically, medical treatment will not be covered and payments for lost wages will not be made unless the claim is established. The insurance carrier may object to establishment of the claim on various grounds. It may also raise defenses in an attempt to have the claim denied. If the carrier objects, the lawyer must immediately request a hearing. A hearing, trial, and/or depositions of medical experts may be required. Depositions involve testimony of witnesses under oath. The attorney will conduct an investigation and argue on behalf of the injured worker at these proceedings.

All parties have the right to appeal any adverse decision on the claim. The appeals process often requires legal research and submission of extensive legal briefs. The workers comp lawyer from The Platta Law Firm will handle all appeals and explore settlement options.

WHAT TO LOOK FOR IN A WORKERS COMPENSATION LAW FIRM

When searching for a workers comp lawyer in NYC, the injured worker should seek to find an established firm with a strong reputation for winning cases. The Platta Law Firm is just that. Our team of attorneys has the expertise and professionalism necessary to win along with an outstanding track record of successful results.

Our workers’ comp lawyers have a reputation in the field which has led to successful resolutions for our clients.  More importantly, our firm does not solely handle workers’ compensation cases. We also handle personal injury matters in all courts in the state.  Although under the New York State Workers’ Compensation Law an injured worker relinquishes the right to sue their employer directly, a viable lawsuit may still exist against another negligent party.

This means that if someone other than the worker’s employer was at fault for the accident, the worker may file a lawsuit against that other person or entity in the New York State courts. The worker may do so while having at the same time a workers’ compensation claim.  If there is a recovery, this lawsuit will compensate the injured worker not only for the cost of lost wages and medical care, but also for pain and suffering. Oftentimes, recovery from a lawsuit will greatly exceed the value of a workers’ compensation claim.

THE BENEFIT OF RETAINING A “FULL-SERVICE” LAW FIRM

The Platta Law Firm is a full-service firm.  Our workers comp lawyers will identify if a person or entity other than your employer is at fault for the accident. We will also act on your behalf to tap into all avenues of compensation for your injuries.  Our ability to handle workers’ compensation claims as well as personal injury lawsuits allows us to maximize recovery for our clients.  This furthers an open line of communication with clients on all matters simultaneously.  We maintain at all times an excellent communication between the attorney and client during the workers’ compensation process as it is essential to achieving the best result.

An additional benefit to retaining a full-service law firm comes in the form of a workers comp lien reduction. For all personal injury cases where there is a workers comp component, there will be a lien. Specifically, the workers comp insurance carrier will assert a lien on the personal injury settlement. The lien will encompass all costs the workers comp carrier has incurred on the claim. Our workers comp lawyers will always seek to negotiate a lien reduction with the workers comp insurance carrier. Reduction of the workers comp lien results in an increased personal injury settlement payable to the injured worker. Our firm will seek to reduce a workers comp lien, even if doing so results in no further attorney fee for us on the workers comp case. The interest of our clients always comes first!

The workers comp lawyers at the Platta Law Firm understand the New York State workers’ compensation system. We know the tactics used by insurance carriers to reduce the benefits of injured workers in order to cut costs.  Our workers comp attorneys have handled hundreds of hearings, trials, and settlements within the system.

WORKERS COMP LAWYER FREE CONSULTATION

Our experienced workers comp lawyers appear before the Board almost every day. We vigorously advocate for our clients against insurance carriers.  This firm understands that every case represents a client and the quality of life that was lost. Our lawyers will do everything possible to make sure your rights are protected.  Insurance carriers see a claim as merely a number. At The Platta Law Firm, we carefully litigate all workers’ compensation cases. We also provide injured workers with peace of mind in knowing that someone is by their side throughout the process.

Contact the Platta Law Firm today for a free consultation with a NYC workers comp attorney. We handle workers comp cases throughout the state, including but not limited to the Board locations in Manhattan, Brooklyn, Queens, Westchester, and Staten Island.  If you are looking for a reliable firm of experienced workers comp lawyers to fight for the highest recovery in your case, call for a free consultation today. Let the workers comp lawyers at the Platta Law Firm fight for you and your family before the New York State Workers’ Compensation Board. We will fight to get you the compensation you deserve.

Workers Comp Lawyer Information Center

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A workers comp attorney assessing how long a settlement will take must look to specific variables. This article discusses what a workers comp attorney will look for when figuring out the best time to talk settlement with the insurance carrier.

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