Worker’s compensation claims are initiated whenever an employee is injured on the job. The first step in the process is to administer a drug test. This test doesn’t imply that the employee is under the influence. It is standard procedure for these claims, since intoxication forfeits any rights to compensation. In most instances, the insurer will not process the claim without these results. If you’ve faced difficulties when filing for NYS Worker’s Comp in Rochester NY today, you should visit for further information.
Understanding the Laws
In New York, any disputes related to these claims are submitted to the Worker’s Compensation Board. An attorney brings the claim to this agency when the insurer and employer cannot come to an agreement about the injuries. In these cases, the board must make a determination that indicates that the injury was work-related. However, in difficult cases in which the employer is liable, it is more advantageous for the employee to bring the case to court.
Your Right to a Hearing or Appeal
After your employer files a claim through their insurer, and it has been denied by the Worker’s Compensation Board. The employee has the right to file an appeal. He or she could introduce further medical evidence to show the nature of the injuries and present a timeline which indicates how the injury occurred.
A common issue faced by claimants is the findings that they were at fault for their injuries due to non-compliance with safety requirements. However, if their attorney proves that the employer was equally at fault based on OSHA regulations, they could receive compensation through a further evaluation. Concrete evidence of a failure to comply is needed to validate the claim.
The way in which NYS Worker’s Comp in Rochester NY works is that it provides compensation to employees who are injured while performing their job. These benefits are used to pay medical expenses and to provide the employee with a portion of their earnings while they recover. The valuation of these benefits depends upon the injuries and how soon the employee could return to work. If you were injured on the job and need legal assistance, you should contact your preferred attorney promptly.
