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Why You Need a Personal Injury Workers Comp Lawyer Near Me It is essential to consult an experienced personal injury workers compensation lawyer near me if you are suffering from an injury, illness or other work-related condition, or disability. They can help you navigate the process of submitting a petition to receive benefits and proving the case to the insurer. Oft, the insurance provider will attempt to deny or minimize your claim. An experienced lawyer will be able to withstand these arguments. Medical Evidence Your medical documentation is vital when you suffer an injury at work. Insurance companies may question the legitimacy of your injury when they do not have sufficient evidence that your accident caused your injuries or illness. Medical records should contain complaints, physical exam results, a diagnosis from the doctor and any references to MRI's and X-rays. Your attorney may also have for additional evidence to prove that the illness or injury was caused by your work duties. In a workers' comp situation, you have to adhere to the guidelines from your doctor. This could be anything from wearing a neck brace to taking certain rest breaks. If you fail to follow the instructions of your doctor and instructions, your claim could be denied. If personal injury lawyer attorney don't agree with the treatment prescribed by your doctor you may seek an independent medical review through the Division of Workers' Compensation. It is a type of hearing similar to a court which takes place in one of the 24 DWC offices across the state. You can get more comprehensive damages in an injury lawsuit than you would through workers' compensation, including the loss of future and past wages, the loss of earning potential, and medical expenses, as well as non-economic damages such as pain and suffering. Your attorney will assist you in obtaining all necessary documentation and submitting it to the appropriate authorities. They will also negotiate with the insurance company for an equitable settlement. The Duty of the Employer to Care Your employer has a responsibility to keep you safe, regardless of whether you are injured at work or elsewhere. They have specific responsibilities and must adhere to strict guidelines set by the New York Workers' Compensation Board. They also must put an action plan in place to avoid accidents and illnesses at work. If personal injury lawyer near me injured at work, the employer must immediately notify you. Also, you must be provided with medical attention. This can take the form of a hospital, doctor or clinic. You should cooperate and follow their instructions as closely as you can to ensure that they can properly evaluate your injury and recommend the best treatment. Our NYC workers' compensation lawyers can help you navigate this process. If you file a workers' comp claim, the insurance company will review your claim and may request an independent medical exam. The insurance company will determine if the accident is work-related and determine what benefits you're entitled to. In a lot of cases, we can negotiate an all-cash Section 32 settlement so that you will still be eligible for lifetime medical insurance. If you are injured at a place other than your workplace, you can file a lawsuit against the party that was negligent and caused your injury. In a personal injury claim you will need to prove that you were at fault. This differs from a workers' compensation case. Your lawyer will discuss the differences in greater detail during your appointment. Employer's Negligence Like any other business, employers have to maintain the highest level of safety and security for their employees. It could be considered negligent on the part of an employer when they fail to follow this and a worker suffers injury. A prime example would be if an employer does not train an employee who is new or they don't take the appropriate discipline measures. Additionally, employers must ensure that their equipment and work environment are safe and in compliance with OSHA regulations. Our NYC personal injury workers comp lawyers regularly assess whether a company is adhering to these regulations and could pursue a lawsuit against them if they're not. Workers' compensation benefits are typically available without a worker having to prove their fault. This is due to the reason that the purpose of the workers' compensation claim is to pay for medical bills loss of wages, medical bills, and other losses related to them, regardless of fault. There are exceptions to this rule, which could turn a workers' compensation claim into a personal injury claim or lawsuit. A case of workers' compensation may be transformed into a personal injury lawsuit when the employer or any other party that is associated with them, for instance an agent, is incredibly negligent. This could include an incident caused by a defective item used in the workplace, like a crane that broke because it was not properly constructed. Insurance Company Negligence Under the law of workers' compensation, employers are required to insure employees who are injured while working. The idea is to stay clear of lawsuits and to provide immediate benefits. The biggest drawback of this system is that the injured person doesn't have to show negligence on the part of their employer. This can lead to situations where a company could be held responsible for personal injury claims when an employee suffers injury due to negligence supervision. This is often the case when a company fails to supervise work performed with dangerous machinery or other hazardous tasks. It is possible that a third-party could be at fault for an injury on the job. It could be a client, contractor or even the manufacturer of the product used on the job site. In these situations it is usually possible to make a personal injury claim against the third party, in addition to a workers' comp claim. The way these two cases are handled will be a major factor in the amount of compensation awarded. It is crucial to hire an skilled and experienced lawyer for workers' compensation to assist you in coordinating your personal injury claim in conjunction with your workers compensation claim. This will ensure you receive the full amount of damages you are entitled to. An attorney with experience in both workers' compensation as well as personal injuries will be able negotiate global settlements that will serve your best interests.