New York Workers' Compensation Process

Capital District Workers' Compensation Attorneys

The lawyers at Silverman, Silverman & Seligman, P.C., have decades of experience focused solely on helping injured workers obtain financial benefits for disability. Our attorneys understand the challenges you face: injured, unable to work and facing the daunting challenge of applying for Workers' Compensation benefits.

Inside the New York Workers' Compensation Process

Although the entire bureaucratic process seems daunting at first, the attorneys of Silverman, Silverman & Seligman, P.C., can help you with every stage of obtaining Workers' Compensation benefits:

• Obtain medical attention: Before worrying about who will pay for your lost work, it is essential that you obtain appropriate medical care immediately after an accident. It is important for your physical recovery, and you must obtain an initial report from your doctor that will help establish eligibility for Workers' Compensation benefits. In New York, injured workers generally have the right to see whichever doctor they choose.
• Notify your employer: As soon as possible, notify your employer that you have been hurt or have contracted an illness as a result of your work. This is necessary when seeking Workers' Compensation benefits.
• File a claim: Your employer should have claim forms available. Make sure you file a claim as soon as you can, because there are time limits on filing for workers' comp. Missing a deadline for filing could render you ineligible for benefits.
• Acceptance or denial: Although some valid Workers' Compensation claims go through without any problem, Workers' Compensation insurance carriers commonly deny perfectly valid claims.
• Appeal: If your claim has been denied, we can help you with the appeals process to fight for the compensation you need.

Serving injured New Yorkers since our firm's beginning as Silverman & Silverman in 1940, we have helped thousands of injured New York workers obtain Workers' Compensation benefits. Our lawyers will simplify this process for you and be with you every step of the way until you get the benefits you need.

Contact a Schenectady Workers' Compensation Application Lawyer ∙ Free Consultations

We serve clients in all upstate Capital District counties. If you have experienced a work-related injury, you can talk with one of our experienced lawyers. Call 518-631-4521 or contact us online for a free initial consultation with a New York work injury compensation attorney.

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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