Navigating the world of workers’ compensation can be challenging, especially when you face issues with your payments being cut, reduced or eliminated. As a workers’ compensation law firm based in Albany, NY, our EMD Law team understands the complexities involved and are here to provide you with the information you need to protect your rights and secure the benefits you deserve.
Common Issues with Workers’ Compensation Payments
Workers’ compensation is designed to provide financial support to employees who suffer work-related injuries or illnesses. However, various issues can arise, affecting the continuity and amount of your payments. Here are some common scenarios:
Payments Getting Cut or Stopped
Your workers’ compensation payments may be abruptly stopped or reduced without proper notice. This could be due to an insurance company’s decision that you have recovered sufficiently to return to work, even if you haven’t. Payments might also be cut if you fail to attend medical appointments or follow prescribed treatments, as this could be perceived as a lack of cooperation.
Reduced Payments
Payments might be reduced if it is determined that you can perform some form of work, even if it’s not your original job. This partial disability assessment can significantly impact your compensation. The insurance company may also argue that your injury is not as severe as initially claimed, leading to reduced benefits.
Denied Claims
Sometimes, an initial claim might be denied altogether. This could happen if the injury is disputed as work-related, or if there is insufficient medical evidence to support your claim.
When to Talk to a Workers’ Compensation Lawyer
If you encounter any of these issues, it’s crucial to consult with a workers’ compensation attorney promptly. Here’s when you should consider seeking legal help:
Payments Are Stopped or Reduced
If your payments are suddenly cut or reduced without a clear explanation or valid reason, a lawyer can help investigate and challenge the decision. An attorney can work to ensure that your benefits are reinstated or adjusted fairly.
Disputes Over Medical Treatment
When there are disagreements about the necessity or extent of medical treatment, an attorney can help advocate for your needs. Insurance companies may attempt to limit your treatment to save costs, but a lawyer can ensure you receive appropriate care.
Denied Claims
If your claim is denied, an attorney can assist with the appeals process. They will gather necessary evidence, represent you at hearings, and work to prove that your injury or illness is work-related and warrants compensation.
Retaliation from Employers
In some cases, employers might retaliate against you for filing a workers’ compensation claim. This can include demotion, harassment or even wrongful termination. A workers’ compensation attorney can protect your rights and take legal action against such unfair practices.
The Process of Working with a Workers’ Compensation Lawyer
Understanding the process can alleviate some of the stress involved in dealing with workers’ compensation issues. Here’s what to expect when you decide to hire a lawyer:
Initial Consultation
During your initial consultation, the attorney will review your case, discuss your situation, and provide an assessment of your claim’s validity. This meeting is crucial for setting expectations and understanding the next steps.
Investigation and Evidence Gathering
Your lawyer will collect medical records, accident reports, witness statements, and other relevant documents to build a strong case. They will ensure that all necessary paperwork is filed correctly and on time.
Negotiation and Advocacy
The attorney will negotiate with the insurance company on your behalf, aiming to secure a fair settlement. If negotiations fail, your lawyer will be prepared to represent you in court.
Representation at Hearings
Should your case go to a hearing, your lawyer will present evidence, question witnesses, and make legal arguments to support your claim. Their experience and knowledge will be critical in achieving a favorable outcome.
Request a Consultation with our EMD Law Team Today!
Dealing with workers’ compensation issues can be daunting, but you don’t have to face it alone. If your payments are cut, reduced or denied, seeking legal assistance can make a significant difference. As a dedicated workers’ compensation law firm in Albany, NY, we are committed to helping you navigate these challenges and secure the benefits you deserve. Contact us today to request a FREE consultation and let us help you get back on track. By understanding the common issues and knowing when to seek legal help, you can protect your rights and ensure that you receive the full benefits you are entitled to under the law.