Top Queens, NY Workers' Compensation Lawyers

The most common workplace accidents in Queens, particularly within construction settings, include:

• Falls from heights, such as from ladders, roofs, and scaffolding accidents. 
• Incidents involving cranes, forklifts, and heavy machinery
• Electrocutions, electric shocks, and exposure to toxic substances. 
• Slip and fall incidents on slippery floors, cluttered pathways, or uneven surfaces. 

These accidents are often caused by safety violations, lack of proper equipment, and failure to adhere to strict labor laws and safety regulations. Workers often sustain:

• Broken bones
• Head injuries
• Cuts and lacerations
• Burns
• Crush injuries and amputations

If you sustained an injury or illness on the job, your health should be your first priority. Inform your doctor that your condition is related to your work. Your employer's insurance may recommend specific healthcare providers.

Promptly notify your employer about the incident or illness. Adhere to the 30-day written notification requirement following the date of the workplace accident or upon recognizing the illness as work-related.

You must file a Form C-3, Employee Claim, with the New York State Workers' Compensation Board. This must be done within two years of your workplace injury or realizing a work-related illness. Additionally, employers must report the incident by submitting a Form C-2F to the Workers' Compensation Board within 10 days of being informed of your injury or illness.

Your doctor should fill out and forward the initial medical report using Form C-4 to the board's district office. They must ensure that copies are also dispatched to you, your employer, and your employer’s insurance provider.

Once you receive the necessary documentation from your employer and physician, the insurance company will review your case to ascertain eligibility for workers' compensation benefits. You should begin receiving benefits once your claim is approved. However, if there's a dispute, further action before the Workers' Compensation Board may be necessary.

If your workers' compensation claim is denied in Queens, NY, there are certain steps you can take to challenge the decision. Here’s an overview of what to do next:

1. Understand the reason for denial

Understanding why your workers' compensation claim was denied is important for challenging the decision effectively. Common denial reasons include:

• The injury not being work-related,
• Insufficient medical evidence,
• Missed filing deadlines,
• The injury not meeting state criteria.

To contest these denials, provide clear evidence such as detailed medical records and witness statements that link your injury to your workplace. Review and adhere to filing timelines, and let an experienced attorney gather evidence and provide further legal representation.

2. Request a hearing

If your workers' compensation claim is denied, you have the option to request a hearing with the New York Workers' Compensation Board within 30 days of the denial notice. During this hearing, you’ll have the opportunity to present your case, including any relevant evidence and testimony that supports your claim. Your attorney can handle this for you.

This is your chance to directly address the reasons for the denial and argue for the benefits you believe you are entitled to. This hearing would be presided over by a Workers' Compensation Law Judge.

3. Prepare for the hearing

Preparing for a workers' compensation hearing involves meticulous gathering of all pertinent documentation.

Compile all relevant documents including medical records, accident reports, and communications with your employer and their insurance company. Ensure that these documents clearly support your claim regarding the nature and extent of your injury and its connection to your workplace.

Collect detailed medical evidence that substantiates your injury and the required treatment. This should include reports and testimonies from treating physicians, detailing the cause of your injury and its impact on your ability to work.

Also, prepare your own testimony carefully. Practice explaining clearly and concisely how the injury occurred, your symptoms, and the effect on your daily life and work capacity. Be honest and straightforward.

4. Attend the hearing

Attending the hearing is a critical step in contesting a denied workers' compensation claim. During this formal proceeding, both your attorney and the insurer's representative will present your cases. This will include any relevant evidence such as medical records, expert testimonies, and witness statements.

A Workers' Compensation Law Judge will preside over the hearing and evaluate all the evidence and arguments. The judge's role is to ensure a fair assessment and to decide if the claim merits approval based on the evidence or if the initial denial should be upheld. The decision can significantly impact the outcome of your claim.

5. Appeal if necessary

If the judge upholds your claim's denial, you can appeal to a panel of Workers' Compensation Board members. This panel reevaluates the case, considering all presented evidence and arguments anew.

Should their decision also be unfavorable, your next recourse is to appeal to the Appellate Division of the Supreme Court, Third Judicial Department. This higher court reviews the legal and procedural aspects of your case to ensure fairness and adherence to the law.

Each stage of the appeals process has strict deadlines that must be met to maintain the right to contest a decision. Failing to file within these time limits can result in the dismissal of your appeal, effectively ending your chance to overturn the initial decision.

An appeal should be more than just a reiteration of previous arguments; it must clearly articulate how the initial decision violated legal principles or misinterpreted the law. Your attorney can develop a coherent narrative and legal argument that clearly addresses the reasons for the initial denial and why those reasons are incorrect or misapplied given the specific circumstances of your case.

If you sustained a work-related injury or occupational health condition, you may be eligible for workers' compensation. It's crucial that your injury or illness is directly related to your job duties or occurred while you were performing work-related tasks.

You must also be classified as an employee rather than an independent contractor. Additionally, your conduct at the time of the injury or illness should not have contributed to or caused your injury. For example, you may be barred from getting workers’ comp benefits for drug use or malicious conduct on the job.

When you’re ready to initiate your claim, consider seeking advice from a Queens-based workers' compensation lawyer. They can guide you through the process, represent you before the New York Workers’ Compensation Board, and ensure your application is error-free.

Hiring a lawyer won't require any upfront fees, as they operate on a contingency basis, meaning they only get paid if you receive compensation. So, don’t hesitate; contact a Queens workers’ comp attorney to schedule a free consultation today.