NY Workers Comp Claim

Causation: Proving the Cause of a NY Workers Comp Claim

A 2003 study conducted by Liberty Mutual Group identified the top ten causes of workplace injuries. The top three injuries were caused by overexertion (26.4 percent), falls on the same level (13.7 percent), and bodily reaction (10.2 percent), costing a total of $25.4 billion. Insurance companies try to reduce workers comp claim payouts by denying claims where a worker may not be able to link the accident to the injury that is the subject of a filed claim.

In order to establish a case, an injured worker is required to have a medical report stating that the work-related accident or condition at the heart of the NY workers comp claim was the cause of the injury, illness, or disability. Without a medical report the Workers Compensation Board does not consider a claim for benefits.

Read more about Workers Compensation Board appeals process

Proving an accident happened is much easier than proving a claim based on cumulative trauma. Our NY workers comp lawyers know how to develop arguments that can show how a work environment led to an occupational injury, such as a heart attack, a stroke, or due to exposure to a toxic substance such as asbestos. We have a cadre of experts who can help us present the proper evidence to overcome a denial or challenge of your case.

Read more about our New York workers compensation legal services

Carrier defenses

To avoid paying out claims, carriers can raise many issues. A skilled workers comp lawyer in NY knows how to present the best case possible to prevail against carrier defenses. A carrier can ask to have a case disallowed if the claim is not based on an accident or occupational disease covered under the law.

In addition, a case can be disallowed when a claimant fails to give the requisite notice. A carrier can also object to any award on the basis that a worker is not disabled, or that the disability is not related to the accident or the occupational disease. A carrier can also attempt to deny coverage on the basis of the worker refusing light work if it is in the ability of the claimant to work, or for fraud.

An experienced attorney is your best bet

The NY worker comp lawyers at Klein Wagner and Morris LLP have the experience and skills needed to protect your rights and help you collect the fullest possible benefit for your claim. Contact us by calling one of our four New York offices, or use our handy online form to tell us a little about your legal issues.