Workers’ compensation laws in New York provide medical coverage and income replacement to employees injured at work, regardless of eligibility criteria being complex and understanding this process important.
Workers’ compensation attorneys provide vital assistance to injured employees who are navigating the system and attending hearings before a workers’ comp law judge.
Representation at the Initial Consultation
Your initial consultation is an ideal opportunity to evaluate the quality and suitability of a Workers’ Compensation lawyer. Ask about their experience handling similar cases as yours; inquire into their assessment of its strengths and weaknesses; as well as any plans they have in place for seeking an optimal result in your case.
Severe injuries often require extensive medical treatments, rehabilitation services and time away from work which places a substantial financial and emotional strain on injured workers and their families. Legal representation provides valuable assistance in navigating complex legal procedures to obtain benefits such as medical coverage, income replacement or other expenses that arise as a result.
Be ready to provide thorough information regarding your injury in the initial meeting with your attorney, such as where it occurred, what it happened while doing, who you reported it to and any witnesses that may provide support such as their names and contact info – this can make the meeting more productive and provide your lawyer with everything they need to fight on your behalf.
Representation at the Initial Hearing
If claims examiners and conciliation officers cannot reach an agreement with their workers’ compensation insurance carrier over benefits, a hearing is held before a judge who listens to both sides before making his or her ruling based on evidence provided and testimony given at trial.
Workers’ comp lawyers can assist you in gathering and submitting all relevant evidence for your case in advance of its hearing, such as medical records, incident reports, witness statements and any other documents you intend to present. They can also ensure that all hearing rules of conduct are observed – this requires decorum and respect among participants involved in proceedings.
If the judge’s ruling is unfavorable to you or your employer, either party can appeal within 30 days to a panel of three members from the state Workers’ Compensation Board who can either affirm, overrule, or modify it. Their decisions can then be further appealed through an appeals division before eventually reaching the Court of Appeals in New York for review.
Representation at the Final Hearing
Once the claims examiner and conciliator fail to reach an agreement, either you or your employer’s insurance provider can request a hearing before an administrative judge. You will receive notice regarding date, time and location for your hearing where evidence such as medical records, witness statements and wage statements will be presented before being evaluated by the judge before being made a final decision regarding benefits eligibility, type and duration.
Your workers’ compensation lawyer can be of invaluable assistance during a hearing, from cross-examination of witnesses to challenging inconsistencies in testimonies and making legal arguments based on case law, regulations, and statutes. If you disagree with a judge’s ruling, your worker’s comp attorney can submit a request for review to the board; should that request be granted, a three-member panel will then review your case and either uphold or overturn it.
Representation at Trial
Judges review all evidence presented and make a binding ruling about your injury, its compensability, and any benefits to which you are entitled. Workers’ compensation lawyers present this evidence through an organized narrative; cross-examine witnesses to address inconsistencies; conduct cross-examinations to test them on testimony issues; use legal arguments derived from case law, regulations and statutes as supporting evidence; present cross-examinations to challenge inconsistencies within testimonies; use legal arguments drawn from case law regulations or statutes as support arguments when appropriate; use legal arguments drawn from case law regulations or statutes as support when challenging testimonies with inconsistencies found.
Your attorney can also take depositions of key witnesses such as your employer and medical providers in order to establish that an injury or illness was sustained while working, using court reporters who will record and transcribe them for you.
Alternatively, either party may seek Full Commission review by an impartial panel of three Full Commissioners. At this stage, your case will be considered “cold”, and two Full Commissioners must disagree with the Deputy Commissioner’s ruling for it to be overturned; this process may take up to one year for its conclusion.
