Reviewing the Claim’s Process with a Workers’ Compensation Attorney in Hempstead, NY

by | Mar 28, 2016 | Lawyers

New York employees are required to follow strict protocol on the job. If they violate any safety policies, it is possible that they forfeit their right to workers’ compensation coverage. However, a workers’ compensation attorney in Hempstead, NY, could discover errors in the claim that could provide the employee with access to benefits.

Reviewing the Initial Claim and Requirements

The initial claim required the human resources department to provide the worker with an accident report. This report is submitted to the insurance company. They must also provide them with documentation for medical treatment. This document requires the attending doctor to file a report with the insurer to present evidence of the injury. If these forms aren’t processed correctly, it could jeopardize the employee’s right to benefits.

Inspecting the Medical Evidence

The medical evidence should provide clear descriptions of the worker’s injuries. They should highlight the required treatment and whether additional care is needed. These documents should also present the insurer with a projected date for the employee’s return to work.

If the attending doctor isn’t providing adequate care, the worker has a right to seek medical assistance elsewhere. This change will require additional forms and the employer remains responsible for the cost of these treatments. If the second opinion identifies more underlying conditions caused by the accident, the worker has a right to further benefits.

Identifying Errors in the Claim’s Process

If the attending doctor didn’t submit the medical report within a period of 10 days, the insurer could deny coverage. Under applicable laws, the physician must meet this deadline. If the attorney identifies errors related to submission, they could use them to the worker’s advantage. If they were denied coverage due to this error, they could acquire benefits through the appeal’s process.

New York workers have a right to seek compensation if they are denied workers’ compensation benefits. These opportunities could equate to an appeal or formal lawsuit. The attorney evaluates all evidence related to the case and determines the most appropriate course of action. Workers who need to discuss their case with a workers’ compensation attorney in Hempstead, NY, should contact the Law Office of Steven R. Smith or click here now for more information.

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