Workers’ Compensation Litigation

Key Elements of Workers' Compensation Litigation

Despite the no-fault nature of workers' compensation, disputes can arise, leading to litigation. Here are some common reasons for workers' compensation litigation:

• Claim Denial: Sometimes, legitimate claims are denied by employers or their insurance companies. This can happen for various reasons, including administrative errors or disputes over whether the injury is work-related.
• Benefit Disputes: Disagreements can occur regarding the amount and duration of benefits an injured worker is entitled to. These disputes often require legal intervention to resolve.
• Medical Treatment Disputes: Workers may disagree with the medical treatment recommended or provided by the employer's chosen healthcare providers, leading to litigation over the appropriateness of the treatment.
• Return-to-Work Issues: Injured workers may dispute their readiness to return to work, especially if they believe they are not physically able to perform their previous job duties.
• Permanent Disability Ratings: Disputes can arise over the level of permanent disability attributed to the workplace injury, impacting the amount of long-term benefits an injured worker receives.

Statute of Limitations in a Workers’ Compensation Case

In New York, workers' compensation claims are subject to specific statutes of limitations. Generally, injured workers have two years from the date of the workplace injury or the date they became aware of their work-related illness to file a workers' compensation claim. It is crucial to adhere to this timeframe, as failing to file within the prescribed period may result in the forfeiture of your right to benefits. 

Seeking Compensation in Workers' Compensation Litigation

Injured workers in New York may be entitled to various forms of compensation through workers' compensation litigation, including:

• Medical Expenses: Coverage for the cost of medical treatment, including surgeries, medications, therapy, and rehabilitation.
• Wage Replacement: Financial support to compensate for lost wages due to the inability to work during the recovery period.

• Temporary Disability Benefits: Financial assistance when injuries temporarily prevent an employee from performing their job.
• Permanent Disability Benefits: Compensation for long-term disabilities resulting from workplace injuries.
• Vocational Rehabilitation: Assistance in finding new employment if the injury prevents a worker from returning to their previous job.
• Death Benefits: Financial support for the dependents of workers who have lost their lives due to a work-related injury or illness.

Importance of Legal Representation

Workers' compensation litigation in New York can be complex, requiring knowledge of both workers' compensation laws and the legal process. Our experienced attorneys at Mark David Shirian P.C. can provide invaluable assistance by:

• Claims Advocacy: Assisting injured workers with the claims process, ensuring that claims are properly filed, and supporting documentation is submitted.
• Dispute Resolution: Negotiating with employers, insurance companies, and the Workers' Compensation Board to resolve disputes and secure fair benefits for injured workers.
• Evidence Gathering: Gathering medical records, witness statements, and other evidence to support the injured worker's claim.
• Hearing Representation: Representing injured workers at hearings before the Workers' Compensation Board to present their case and advocate for their rights.
• Appeals: If necessary, handling appeals if a claim is denied or benefits are terminated prematurely.

Workers' compensation is a vital safety net for employees in New York who suffer work-related injuries or illnesses. However, when disputes or issues arise, seeking legal representation can be essential to protect the rights of injured workers and ensure they receive the compensation and benefits they are entitled to.