Robert Golan, PC, a Queens Workers’ Compensation attorney, shares the top tips for helping injured workers know what to do after they sustain an injury on the job and are denied benefits.
Plainview, NY -- (ReleaseWire) -- 02/27/2015 --The Workers' Compensation program is designed to provide financial assistance to those who experience workplace injuries or job-related illnesses. The denial of benefits can be frustrating, but individuals who encounter such a roadblock should realize that it is not the end of the road. Although such denials can be challenged, it will take the involvement of a Queens Workers' Compensation attorney to help you obtain the benefits to which you may be entitled.
Tip # 1: Timely Communication after Denial Letter
The letter of denial an injured worker receives should include an explanation of their legal rights in the event they wish to appeal the decision. It will also provide a deadline for filing an appeal.
Since Workers' Compensation is primarily administered by the states, this deadline may vary, although the normal time limit is between 30 and 90 days. Injured workers who miss the deadline will seriously jeopardize any hope of receiving compensation, which is why they should carefully review and fully understand the regulations in their state.
Tip # 2: Seeking to Appeal a Decision
Benefits may be both denied and challenged on different grounds. In one case, a client seeking assistance was found to be "attached to the labor market" because he was seeking employment within his medical restrictions. Due to the length of the appeals, the client was awarded retroactive compensation in addition to his weekly benefits.
In another case in which an insurance company tried to reduce by two years the benefits requested by a client, a judge extended her period of compensation after an appeal. Queens Workers' Compensation lawyer, Robert Golan, PC, won both of these cases.
Tip # 3: Reopening a Workers' Compensation Claim
The process of reopening a claim is altogether different than filing an appeal. However, it is still be possible under certain circumstances. The most common reasons for reopening a case include the following:
- The injury or condition has worsened or returned
- The original claim has been justified by new evidence
- The award was found to be unfair or inadequate
- The unfair treatment resulted from some legal or administrative error
- The unfair treatment was found to have resulted from fraudulence
- The alternate job duties to which the worker was assigned are no longer available
The process of reopening a case and the time limitations available for such action also vary between states, although the period can be as short as three years and as long as seven years. The deadline is based on the date that the claim was denied rather than the date of the injury. Some cases will be considered closed when the final payment is issued and a release is signed.
Injured workers who wish to reopen a case should apply with the Workers' Compensation commission in their area and request the appropriate forms. They will also have to provide the proper supporting documentation. Whether it involves an appeal or the reopening of a case, a consultation with a Queens work injury compensation lawyer can help ensure the protection of your rights as an American worker.
Visit http://www.workerscompensation-law.com for more information and a free case consultation.
About Robert Golan, PC
Robert Golan has represented injured workers in all aspects of Long Island Workers' Compensation cases since 1997. He handles all of his clients' cases personally from beginning to end – from intake, through the hearing process and appeals if necessary. Mr. Golan has argued and won several well-publicized appeals of high profile cases. Mr. Golan does not "farm out" his cases to other lawyers or have junior associates or inexperienced lawyers work on them. You will always have direct access to have your questions answered and your concerns addressed. Mr. Golan personally appears at all of his clients' hearings on Long Island and surrounding areas.
Robert Golan, PC
Phone Number: 516-586-3910
Address: 1670 Old Country Rd. Suite 226, Plainview, NY 11803