If you have recently suffered an injury while on the job or an occupational illness, you may qualify for workers’ compensation. These benefits are intended to cover your medical expenses and lost wages, allowing you to focus on recovery without financial stress. However, there are instances in which a workers’ compensation award is not sufficient. If your workers’ compensation award doesn’t fully cover your losses, it’s important to understand your legal options. Please continue reading to learn how a dedicated New York City Construction Site Accident Attorney can help you fight for the financial relief you need to get your life back on track.
What if My Workers’ Compensation Award Doesn’t Fully Cover My Expenses in NY?
Workers’ compensation benefits can cover your medical bills, a portion of lost wages, and certain forms of disability. However, it’s important to understand that there are several reasons it may not cover all of your losses. For starters, your employer’s insurance company may dispute the extent of your injuries or argue that your injury was not a result of something that occurred in the workplace. Additionally, some policies have limits on certain types of treatment, such as physical therapy, which can leave you footing the bill for ongoing treatments.
If your workers’ compensation award doesn’t fully cover your losses, you have several legal options. These options can help ensure you receive the full amount of compensation you deserve for your on-the-job injury or occupational illness. If your claim has been denied or certain medical bills are not covered, you can file an appeal. If your claim is still denied, you can request a hearing before a workers’ compensation judge. It’s important to note that legal representation during the appeals process can maximize your chances of a favorable outcome.
In some cases, a third party, someone other than your employer can be held liable for your injuries. Depending on the unique circumstances of the accident, you be able to pursue a third-party lawsuit. For instance, if a defective piece of equipment caused your injury, you could have grounds to file a third-party liability claim against the manufacturer or distributor. This type of claim can provide additional compensation beyond workers’ compensation, including pain and suffering, disfigurement, inconvenience, loss of enjoyment of life, etc. Essentially, this claim can help fill in the gaps when workers’ compensation doesn’t fully cover your damages.
How Can I Protect My Rights?
To ensure you receive the maximum workers’ compensation benefits to which you are entitled, it’s crucial to take proactive steps throughout the claims process. The first step you should take to protect your rights is to seek medical attention as soon as possible. Additionally, you must notify your employer about your injury and follow your company’s procedures regarding filing your claim. It’s important to note that if you fail to adhere to your company’s guidelines it can result in your claim being denied or a reduction of benefits. However, it’s in your best interest to consult an experienced attorney who can help you navigate the claims process and negotiate with the insurance company.
If you have not received a sufficient workers’ compensation award, please don’t hesitate to contact an experienced attorney from Swerling Law, who can help you understand your rights and represent your interests. Connect with our firm today to discuss your case.
