Schenectady Workers' Compensation Defense Lawyers

Denied Claims in New York

It is no secret that many Workers' Compensation claims are initially denied. If your claim was denied, however, that does not mean you should give up. In most cases, we are able to identify the problem with the claim and help our client resolve it.

Come to Silverman Law with your Workers' Compensation problems. Our experienced lawyers have assisted thousands of injured workers. We understand the system and we know the people involved. We can help you with claims, denials, insurance carrier disputes and payment issues. Please call our office at 518-631-4521 to schedule a free, no-obligation consultation.

Why Hire an Attorney?

Your employer's insurance company will have lawyers working on your case - the law requires it. You should have someone on your side to level the playing field. The attorneys at Silverman Law have the knowledge and experience to give you a fighting chance.

There are numerous reasons an insurance company may deny your claim. Some of the reasons often state by the carrier include:

• Lack of causal relationship (injury not caused by accident)
• Failure to notify employer within the time frame allotted
• Denial that the accident happened

Many times, the reason for a Workers' Comp denial can be resolved by submitting the correct information and medical reports. Our attorneys can determine what your claim needs to be successful.

The insurance companies sometimes accuse workers of filing fraudulent claims, as well. To commit fraud, a person must intentionally be dishonest. Making a mistake on your application is not fraud. We know the difference and can help you fight a fraud accusation.

For a free consultation with a Capital District Workers' Compensation defense attorney, call our office at 518-631-4521 or contact us online today.

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• What do I need to show to obtain Workers Compensation benefits?

  
  In order to obtain compensation benefits you need to document that you were an employee, that an accident occurred during the course of your employment (or you developed an "occupational disease" during the course of your employment), that you gave notice to your employer within 30 days of the accident and that you filed your claim for benefits within two years of the date of the accident. There are some exceptions to these requirements which should be discussed with your attorney in detail.

• If the administrative law judge directs the carrier to pay my medical bills and to pay me compensation benefits, and the carriers still objects, what happens?

  
  If a carrier believes that there are grounds for an appeal they may file such an appeal within 30 days to the Workers Compensation board. Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.

• Am I required by law to have an attorney?

  
  No. But bear in mind that the insurance carrier is mandated by law to have an attorney or a licensed representative appear at every hearing. These attorneys and licensed representatives often have years of experience, have handled thousands of hearings and are well versed in representing the carrier's point of view. While there is no similar statute requiring the Claimant to be represented, we would highly recommend that they retain counsel. Silverman Law has decades of experience in representing Claimants.

• The carrier argues that my condition was pre-existing. I don't think that it was but even so I never had these symptoms. What should I do?

  
  This question of a pre-existing asymptomatic (unnoticed) condition which is made symptomatic by a work-related accident has been decided by both the Appellate Division of the Supreme Court of New York State and the New York State Court of Appeals.

• Can I collect both Workers Compensation and the Social Security Disability benefits at the same time?

  
  Yes. If you qualify you may indeed collect both Workers Compensation and Social Security Disability benefits. While Workers Compensation is not reduced because of Social Security Disability payments, your Social Security Disability payments may indeed be reduced because of your Workers Compensation benefits.

Silverman, Silverman & Seligman, P.C.
527 State St.
Schenectady NY 12305
Phone: 518-631-4521
Toll Free: 877-851-4319
Fax: 518-374-4338