Navigating the complex world of workers compensation can be daunting, and many people fail to receive the benefits they deserve. This is often due to a lack of understanding of the process, being misled by employers or insurance companies, or attempting to handle everything on their own. With a little knowledge and preparation, you can ensure you receive all the compensation you’re entitled to under the law.
My name is Rex Zachofsky, and after 17 years as a workers compensation lawyer, I’ve gathered my top 6 tips to help you maximize your workers compensation claim. Let’s dive in!
The most crucial step in maximizing your workers compensation claim is to see your doctor regularly. Not just once, but on an ongoing basis. Regular visits help create a comprehensive medical record that both the judge and the insurance company will refer to during your case.
A detailed medical report from regular visits provides clear evidence of your injury and the treatment required. If there are large, unexplained gaps in your medical records, it can significantly hurt your case and reduce the compensation you receive.
Remember: A medical report is only valid for 90 days in the eyes of the law. Therefore, you need to visit your doctor at least once every three months to maintain your benefits. So, keep up with your appointments and ensure your treatment is well-documented.
Insurance companies have the right to send you to their doctors periodically, known as Independent Medical Exams (IMEs). It's vital to attend these appointments if you want to maximize your workers comp benefits.
Missing or frequently rescheduling these appointments can negatively impact your case. Judges and insurance companies may view this as non-compliance, which can be used against you. Attend all scheduled IMEs to keep your case in good standing.
Honesty is the best policy when it comes to previous injuries and claims. Disclosing all prior accidents, injuries, or claims related to the same injury site is essential.
Failing to disclose this information can be considered insurance fraud, risking not only your benefits but also potential criminal penalties. Insurance companies spend significant resources on investigations, and they will find out if you're hiding something. Be upfront about your medical history to avoid any complications.
Accurately documenting your income is crucial for your workers compensation claim. Sometimes employers and insurance companies may incorrectly report your earnings, leading to lower benefits.
By keeping your paystubs, tax returns, and other income records, you can prove the correct amount to the judge. This is particularly important for individuals in specific professions like ride-share drivers, where average wages may be underreported. Proper documentation ensures you receive the maximum compensation.
It might seem counterintuitive, but returning to work as soon as it's safe can benefit your workers compensation claim.
In cases involving schedule loss of use (injuries to arms, legs, hands, and feet), any temporary weekly benefits you receive are deducted from your permanent disability award. The longer you stay away from work, the less money you receive at the end. Returning to work when it’s safe also means you start earning your salary again, which is beneficial in the long run.
Navigating the workers compensation system without legal help can be challenging. An experienced lawyer can be your greatest asset.
Workers compensation law is complex and often involves outdated systems with many "gotchas." A lawyer understands the law, knows how to report your injury correctly, and can fight against unfair practices by the insurance company. They are legally and ethically obligated to get you the maximum compensation possible.
If you or a loved one has been injured on the job in New York, these tips can help you maximize your workers compensation claim. For personalized assistance, consider consulting with an experienced lawyer. If you’d like to set up a free consultation, call me at 212-406-8989.
Stay informed, stay proactive, and ensure you get the compensation you deserve. For more insights and updates, don’t forget to subscribe to my channel. Click here to watch the next video, and I’ll see you there!
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