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Workers Compensation Legal Framework Workers compensation laws provide a framework to safeguard injured workers They provide financial compensation to workers for the loss of wages medical bills or permanent disability They also limit the amount an injured worker can seek from their employer and also eliminate coworker liability in most workplace accidents This is done in order to avoid the delay expense and animosity of litigation What is Workers Compensation Workers compensation is a kind of insurance that offers cash benefits and medical care to workers who have been injured on the job In exchange employees agreeing to give up their civil rights against their employers the insurance is designed to protect the employees from large tort verdicts and settlements workers compensation attorney mckinney require workers compensation insurance to be purchased by employers who have at minimum two employees Smaller businesses with less than two employees are not subject to the requirement Independent contractors and freelancers arent typically required to carry workers compensation insurance The system is a publicprivate partnership which was created to provide partial medical care and income protection to employees who suffer from workrelated injuries or illness Employers typically purchase workers compensation insurance through private insurers or statecertified compensation insurance funds Benefits and premiums in each province are determined by the sector of industry the payroll and the history of injuries or the absence of at work This is known as experience rating It is sensitive to frequency of loss more than loss severity because insurance companies know that businesses that are frequently in an accident are more likely to suffer significant losses over the course of time Employers must pay for lost productivity as well as cash benefits while employees are recovering from injuries This is the primary driving force behind the costs of the workers compensation system The Workers Compensation Board manages the program It is a state agency that examines all claims and intervenes when necessary to ensure that employers and their insurance carriers pay the entire amount including medical care It also serves as an avenue for dispute resolution including benefit review conferences and appeals How do I File a Claim It is essential that claims for workers compensation are filed as quickly as possible after an injury or illness that occurred on the job This is to make sure that your employer or insurance provider has all the necessary information in order to determine if you are eligible for benefits It is easy to start a claim First inform your employer of the injury in writing and then provide them with details regarding your rights as well as workers compensation benefits Then you should have a doctor complete a premedical report Form C4 within 48 hours of your accident The doctor should then mail the report to your employer as well as their insurance company Once the report is completed you are able to submit a formal application for workers compensation with the New York Workers Compensation Board This can be done online over the phone or in person You should also speak with an experienced attorney about your claim They can assist you with gathering evidence to back your claim and negotiate with insurance firms and represent you at hearings if they refuse to accept your claim If you are denied an denial you may appeal the decision to the Workers Compensation Board of the state or the New York Court of Appeals A lawyer can assist with these appeals and represent your interests at any board or court hearings The lawyer will not charge you any upfront fee and will only be paid some of the benefits youre awarded when you win What is the next step when my employer denies my claim Your employer could reject your workers comp claim because they believe that you didnt meet the states requirements or that the injury was caused at work Whatever the reason it is important to keep a record and make sure you have all the documentation and evidence that will justify your appeal The best way to discover the reason for your claim being denied is to contact the workers compensation insurance carrier employed by your employer This will help you determine the chances of success with your appeal If you receive a rejection letter for your claim for workers compensation you should take action immediately Your state law will give you procedure for appealing You should also speak with an attorney as soon as possible to learn about the options available An attorney can ensure that your claim is dealt with appropriately and maximize the amount of money you receive for medical expenses and wage loss benefits and other damages resulting from the denial What if my employer isnt insured There are a variety of options available to injured workers whose employers are not insured One option is to file a workers compensation claim through the Uninsured Employers Benefit Trust Fund UEBTF This fund acts as an insurance provider and will pay for medical expenses and wages lost If you decide to sue your employer as a result of the injuries you suffered the UEBTF benefits must also be paid in any settlement Whether you decide to make a claim with the UEBTF or take action against your employer you require an experienced workers compensation lawyer to guide you through this challenging situation Contact Jeffrey Glassman Injury Lawyers today for a nocost and confidential discussion about your legal rights in this kind of situation Well talk about the options available to you and assist you in getting the compensation you deserve Well also discuss ways to safeguard yourself from denial or dispute from your employer about your claims Well assist you in taking the steps necessary to get the medical treatment as well as other benefits youll need What if My Claim Is Disputed It is important to contact an attorney if you believe your case is not resolved This is to ensure your rights are protected fair treatment and the appropriate amount of compensation If a claim isnt in dispute The Workers Compensation Board Board can issue an administrative decision This could include questions regarding whether your injury is a result of work or a result of disability and the amount of money you should get and what kind of medical treatment is required It is also common for claims to be denied completely even if you feel they are valid This could be due to various reasons including financial concerns and personal animus towards you as an employee Employers are required to purchase workers compensation insurance This means that employers may be subject to increased monthly premiums Because of this some employers may want to deny your claim to save on premium costs They may also be concerned that your claim may cause higher premiums and could result in tension between you and your employer In the majority of cases however a strong claim will be accepted and the benefits initially paid by the employer or its insurance provider If there is a dispute you may appeal the decision to the Board Oregons workers compensation law provides that the presided Administrative Law judge in a formal Hearing will issue a written decision This is referred to as a Finding and award or Finding and dismissal If either parties appeals the decision is binding for both parties