Highland Workers’ Compensation Attorney
In the Hudson Valley region covering Ulster, Dutchess and Orange counties, attorney Peter M. Cordovano helps people who have been injured on the job recover workers’ compensation benefits to pay for their medical treatment and also provide wage replacement while they are disabled from working. Workers’ Compensation can be a complicated process, and there are many ways your employer and their workers’ comp insurance carrier may try to deny your claim and avoid paying you benefits. Let an experienced lawyer like Peter Cordovano represent you throughout the process to make sure you get the benefits you are entitled to under the law.
How workers’ compensation works
Workers’ Compensation is an insurance-based system, with the premiums being paid by the employer. If you have a workplace accident and are injured on the job, or if you get sick due to an illness contracted in the workplace, then you make a claim to your employer, and their insurance carrier pays your claim. You do not have to prove that your employer was negligent or otherwise at fault in order to make a claim, and you do not have to go to court to prove your case.
The trade-off for having this insurance-based, no-fault administrative process is that you are prohibited from suing your employer if in fact the company was negligent and caused your injury. Instead, you are limited to the benefits offered by workers’ compensation, which include payments for your medical care and replacement of a portion of the wages you lose while you are out of work. These benefits are typically far less than you might otherwise be able to recover in a civil lawsuit for negligence, where you can also recover compensation for pain and suffering and other legal damages. In civil court, however, you do not know whether you will win or lose your case, whereas the workers’ compensation system is supposed to be a fairly certain way of receiving benefits.
Assistance in controverted claims
Despite the so-called “certainty” of receiving workers’ compensation benefits, there are actually a number of ways your employer and their insurance company may dispute, or controvert, your claim. If your claim is challenged or denied, you will want to have an experienced workers’ comp attorney on your side to represent you. Below are just a few of the ways employers and their insurers may try to avoid paying you benefits:
- They may claim that you are not really injured as seriously as you claim to be, or at all. To prove if you are injured, they may require you to undergo examinations by their own doctors who are paid by them.
- They may claim that your injury was not work-related. For instance, they may claim you were injured while you were on a break or running personal errands. If you were on the clock or on the premises, your claim may likely be covered.
- They may claim your injury is really based on a pre-existing condition you had which was not caused on the job. However, if such a condition is aggravated by a workplace accident, you should be compensated.
- They may claim that the accident was caused by your own negligence or misconduct. Workers’ Compensation is supposed to be a no-fault system, and except in a few limited circumstances, your own behavior should not count against you.
Additionally, in order to be successful on your workers’ compensation claim, you must notify your employer in a timely fashion and follow many important procedural steps to protect your rights. We have outlined the New York workers’ compensation process for you here.
Get Help Today with Your Workplace Injury from an Experienced New York Workers’ Compensation Attorney
If you have been injured on the job, or if you contracted an occupational illness or disease based on conditions in the workplace, you should immediately contact an experienced New York workers’ compensation attorney to secure your right to receive benefits. In the mid-Hudson Valley region of Ulster, Dutchess and Orange counties, contact Peter M. Cordovano, P.C. in Highland for a free consultation regarding your claim.