Thursday, August 22, 2013

Workers’ Compensation Claims in Staten Island: Which actions can have your workers’ compensation claim be rejected?

Individuals suffering from work-related injuries or illnesses are encouraged to file a Workers’ Compensation claim in order to receive benefits and compensation to cover their lost wages, rehabilitation and possibly more, depending on the circumstances of their case. Prior to receiving benefits, the claim must first be approved by employer’s insurance provider as well as the State’s Workers’ Compensation Board. While the State-governed program provides claimants with a handbook which includes steps and guidelines to receiving and maintaining their benefits, many find it to be in their best interests to hire an experienced lawyer to help establish their claim.

The process of acquiring your benefits can be daunting and time-consuming. Therefore, it is important to resolve any discrepancies before they cause a delay or rejection of your claim. There are a number of factors which can cause your claim to be delayed or even rejected, including:

Statute of Limitations – The statute of limitations for filing a Workers’ Compensation claim can vary by State. For instance, an individual filing a Workers’ Compensation claim in Staten Island must do so within two years of the injury or the date he or she becomes disabled. Additionally, they must have reported the injury to their employee within 30 days of the accident or the time the employee realized that their injury or illness is work-related. During the initial review of your case, an experienced attorney will determine whether or not you have any issues regarding the statute of limitations and gather the proof necessary to establish a strong, valid claim.

Discrepancies in the Description of the Accident – When describing the events of your accident in the claim, it is important to remember that you are telling your story to someone who does not know you or your workplace. Therefore, it is important to include every detail, which is a task a qualified attorney can assist you with. If a claim adjuster believes that there are any discrepancies or questions about your accident, he or she may delay the claim, which further delays your receiving the benefits you need and deserve.

If you have been injured on the job, it is suggested that you consult a Workers’ Compensation attorney in Staten Island. Although hiring legal representation does not guarantee that your claim will be approved, an experienced attorney can help ensure that all of the appropriate steps are followed to establish your claim. Consulting an attorney is especially important if you need to establish proof that you are an employee under the Workers’ Compensation Law.

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