The New York State Workers’ Compensation system does not require the injured worker to hire an attorney. However, many injured workers who have gone through the Workers’ Compensation system have found that the benefits of hiring a lawyer to represent them is the best way to get the medical treatment and lost wage benefits they deserve.
Advantages of Having Legal Representation
First, as an injured worker, you should understand that you are not required to pay a lawyer a “retainer” or incur any costs to hire a lawyer. Any fees charged by an attorney in connection with the Workers’ Compensation claim are set and decided by the Administrative Law Judge. There is no deposit or cash retainer required to retain a law firm to assist an injured worker.
The Workers’ Compensation system can provide limited assistance to the unrepresented injured worker. However, many issues that arise in a claim are handled “administratively”, without a formal hearing. In the “administrative process” decisions are made without the injured worker being able to even speak to a judge regarding decisions made in connection with their medical treatment, or lost wage benefits. The assistance of an attorney in many of these circumstances can many times be the only way for the injured worker to receive proper medical care and proper lost wage benefits in connection with their claim.
It should be noted that should matters arise that require a Workers' Compensation hearing, the employer's insurance company will be represented by an attorney. That attorney's job is to protect the insurance company, not the injured worker. The role of an Administrative Law Judge is merely to make decisions as to the evidence put before them, and the Judge will not act as an injured worker’s attorney, if there are issues in dispute. Therefore the unrepresented injured worker will need to make their own legal arguments. These circumstances do not bode well for the injured worker. Even if the Administrative Law Judge does rule in your favor, that creates a situation ripe for a carrier’s appeal. A carrier’s appeal can result in a suspension of lost wages, benefits and all medical care for many months until the appeal is resolved. This is one of many reasons why it is in the injured worker’s best interest to have the guidance of an experienced Workers’ Compensation attorney.
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Another issue that often occurs is the carrier's requirement that an injured worker be evaluated by one of their so-called independent medical examiners. These situations for the unrepresented injured worker create a serious potential complication of both their lost wage benefits as well as authorization for medical care. Understanding and knowing how to deal with the carrier’s independent medical examiner is another area in which the advantage of having an attorney in your corner will greatly benefit you as the claim proceeds.
The choice to hire an attorney by an injured worker is purely up to them. However, one should understand that the insurance carrier and their attorneys are not looking out for the injured worker’s best interest. Their role is to limit the benefits paid to the injured worker, regardless of whether the injured worker is able to return to work or not. Common strategies of the insurance carrier involve the use of independent medical examiners, the failure to pay benefits in a timely manner, the failure to pay benefits in the proper amounts as well as settlement offers that are far below what the injured worker should reasonably expect.
We're Here to Help.
The attorneys and professionals at MCV Law are experienced in addressing all these circumstances and many other issues that arise in connection with work-related injuries, and we stand ready to assist you with your claim. We have been successfully serving injured workers in New York State for over 40 years, and look forward to helping you next.
“I recently had the pleasure of working with MCV Law, and I couldn't be more pleased with their exceptional service. From the very start, their team demonstrated a genuine concern and commitment to my case. Communication was clear and timely, and I felt well-informed and supported throughout the entire process. I highly recommend them for anyone in need of legal representation.”
-Nicholas W., a satisfied MCV Law client