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3 Common Workers’ Compensation Claim Complaints and What to Do

Erwin, McCane & Daly | Thursday, March 19, 2015

Navigating the sea of paperwork and rules when filing a claim is no easy task. And, it isn’t necessarily designed to be easy for the common injured worker. This is probably why the following 3 claim complaints are often heard:

I submitted a claim and my claim was denied.

This is not uncommon. In fact, the initial denial of a claim is a sticking point with most people who file a workers' comp case claim. The insurance companies are constantly under fire from their clients (the employers) to try and keep premium costs low. This being said, they carefully inspect claims for reason(s) to deny the claim or reduce benefits all together. Think about this: the more claims the insurance companies have to pay, the higher the premiums they must then charge employers. The insurance companies are often concerned with protecting their bottom-line, more than they are about getting you the benefits you deserve.

My claim is taking too long to process.

Unfortunately, a contested workers' compensation claim can sometimes take up to two years to finalize. The delay can occur for a number of reasons. If there are pre-hearing discovery and depositions to contend with, this part of the process can elongate the amount of time that processing and approval can take. Sometimes, if an inured worker has to to seek additional opinions in order to establish the maximum medical improvement (MMI), this part of the process can also extend the wait time.

My settlement amount just isn’t fair.

Dissatisfaction with a settlement amount is a very common complaint. Claims and settlement offers can be limited to only partial wage reimbursement, medical bills, and in some cases, pre-set amounts for any loss of limbs, permanent disability, and other cases of extreme/severe loss.

What Can I Do as an Injured Worker?

Don’t go at it alone. The lawyers at our firm have extensive experience representing injured workers and disabled individuals in New York workers' compensation and federal Social Security Disability claims. We will lead you through the steps of New York Workers' Compensation Court and ensure all of the necessary forms are completed correctly and filed on time to expedite your claim.

Here at Erwin McCane & Daly, we have extensive experience advocating on behalf of individuals who have had claims for disability denied. It's important to have that kind of experience on your side, whether you are appealing a denied claim or filing a claim for the first time.

Call us or email us and set up a no-obligation consultation: 518.449-2245.