The New York State Legislature passed the Workers’ Compensation Law in 1914. The law that was passed was essentially a comprise between the rights of injured workers and the interests of the employer. As a result, in most cases of a work-related injury, workers are unable to sue their employer. In exchange, the worker is generally entitled to workers’ compensation payment as long as the injury or illness is work-related without regard to fault.
In the past 100 years, the law has been expanded and updated with numerous new regulations, etc., resulting in a very complex system that an injured worker can have difficulty in dealing with. There have been many cases, for example, where the worker’s receipt of benefits depended upon the definition of a word, such as ‘work-related’. Was the activity that the worker was involved in when he/she was injured a work-related activity or not?
Another problem that an injured worker can encounter has to do with their relationship with their employer. At the time of the injury, the employer was probably very concerned. However, not long thereafter, the employee sees a big change in the relationship. The formerly concerned employer may simply refer the worker to the insurance company. Why would that be? Money. Employers pay premiums every month for Worker’s Comp insurance. Every time a claim is filed for an injury, the employer’s premium goes up.
On the other hand, if the Worker’s Comp benefits are denied, in whole or in part, the employer and the insurance company will save money. There are a number of reasons that the employer and/or the insurance company might use to deny a claim. Some of the more common reasons for denials in Workman’s Comp Cases are:
- • The injury was not that serious.
- • The injury was not work-related and/or did not happen during work.
- • Medical treatment was not needed.
- • No time off from work is needed to heal from the injury.
Don’t try to fight the system alone. The law firm of Gilbert, Blaszcyk, & Milburn, LLP has been representing workers in Workman’s Comp Cases for over 20 years. Anyone who has been injured on the job and who needs all of the benefits that they are due can contact the firm for a free consultation. The firm has three New York offices to better serve their clients, in Patchogue, NY, Riverhead, NY and Melville, NY.
Join us here.
