Workman’s Comp in Patchogue, NY

by | Nov 28, 2013 | Lawyers

Employees go to work for their employers, expecting to go home in the same condition they arrived: in one piece. It’s not an unreasonable expectation when all is considered. The employer is required to provide a safe working environment, but sometimes, things happen on the job that can’t be foreseen. Then there are situations where the working conditions cause someone to get ill from the environment. Whatever the injury or illness may be, as long as it was obtained while on the job, the employee can invoke Workman’s Comp In Patchogue, NY.

An employee has rights that are afforded to him under state laws, and one of those is the ability to claim Workman’s Comp In Patchogue, NY. An employer can not, under any circumstance, deny the claim outright, nor can it fire an employee for making a claim. The employee was injured or became ill while working for the employer, and never expected to be made less than whole as a result. An employer can contest the filing of the claim if it is felt that the employee is trying to defraud the business, but that’s about the only recourse available. It is up to the state board and insurer to either side with the employer, or to approve the claim because the reason is valid.

But, who judges what is a reasonable claim? Typically the state and insurance company have the most weight when it comes to approving or denying. That is where the potential for trouble with claiming benefits comes in. Even though the claimant has solid evidence that clearly proves that the injury is work related, there is still a risk of denial. The insurer may decide that it doesn’t feel like paying out on a claim, and looks for excuses to do just that. And, if the labor board isn’t paying attention, the claim can get denied, requiring an appeal.

The best tactic is to retain a lawyer for assistance with a claim, especially if it looks like it is going to be a difficult one. Legal help may be able to reduce the risk of a denial, getting benefits started so the healing process can move forward, and worries about bills are eliminated.

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