Filing a workers' compensation claim can be a daunting process, especially if you try to handle it on your own. Despite the fact that hiring a workers' compensation lawyer often costs nothing upfront and can potentially get you more money, many injured workers still attempt to navigate the system without professional help. Let's delve into the harsh realities and dangers of filing a workers' compensation claim by yourself and why having a lawyer on your side can make a significant difference.
One of the first hard truths about filing your workers' compensation claim on your own is that you likely don’t fully understand the process. While it may not be rocket science, the system is complex and filled with nuances that are not immediately obvious. Watching YouTube videos or reading articles may not be enough to prepare you for the challenges you'll face, especially if the insurance company decides to contest your claim.
Injured workers often enter court unprepared, ranting to the judge about their terrible boss or poor treatment at work. Unfortunately, this emotional approach often backfires. The judge's decision hinges on the legal elements of the case, not personal grievances. Without knowing what specific information will influence the judge's ruling, you risk losing your claim despite your best efforts.
The second harsh truth is that most injured workers are unaware of their rights. This lack of knowledge can result in significant financial losses. For example, you might not realize that you can get reimbursed for travel expenses when attending doctor’s appointments. More critically, undocumented workers or those paid under the table may mistakenly believe they don’t qualify for workers' compensation benefits, missing out on substantial compensation.
Consider the case of a client who worked for a New York company but was injured while working out of state. She initially thought she didn’t qualify for benefits and wasn’t going to file a claim. After some encouragement, she filed and received a settlement offer of $47,000 from the insurance company. However, based on her injuries and salary, I knew this amount was insufficient. With my help, we negotiated a settlement of around $120,000—money she would have missed out on if she hadn't been informed of her rights.
Even if you research and have a good understanding of what you're entitled to, negotiating with the insurance company is another significant hurdle. Without a lawyer, the insurance company is likely to make lowball offers, knowing that most injured workers don’t grasp the full extent of their entitlements or the intricacies of the law.
The insurance company's strategy often involves making progressively better offers, but still well below what you deserve, until you give up and accept one. Without knowing where the money is hidden or how to argue for a higher amount, you’re likely to settle for far less than your claim is worth.
Perhaps the most critical issue with handling your claim alone is the increased risk of losing it altogether. Insurance companies have various tactics to get claimants to abandon their cases. For example, the New York Workers Compensation Board might send a notice marking your case as "No Further Action." Many people misinterpret this as the case being closed, when it simply means no immediate response is needed. Uninformed claimants might assume their case is over and miss out on further potential compensation.
The good news is that there's a straightforward solution to all these challenges, and it won’t cost you anything upfront. Under the law, you cannot be charged for a consultation on a workers' compensation claim. New York State law, effective January 2023, allows you to hire a workers' compensation lawyer at no initial cost, paying only 15% of whatever additional compensation they secure for you.
For instance, if you’re entitled to $10,000 but the insurance company has only paid $5,000, a lawyer can fight for the remaining $5,000, earning just 15% of that additional amount. This means you can have legal support without any upfront financial burden, often resulting in significantly higher compensation than you could achieve on your own.
If you or a loved one have been injured on the job in New York and need help with your claim, don't hesitate to reach out for a free consultation. Together, we can ensure you get the treatment and benefits you deserve.
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