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Three Things to Never Do When Filing a Workers’ Compensation Claim in New York

Steven Schwartzapfel -Founding Partner May 27, 2016

For more than 35 years, Steven Schwartzapfel, the founding member of Schwartzapfel Lawyers P.C., has been one of New York’s most prominent personal injury attorneys. Steve represents clients in all types of personal injury cases. His experience, skill, and dedication have enabled Schwartzapfel Lawyers P.C. to recover hundreds of millions of dollars for their clients.

workers comp claimIt is just as important to know what not to do, as it is to know how to properly file a workers’ compensation claim in the state of New York. These claims are extremely important, and they are what help keep you financial stable while you recover from a work-related injury. They allow you to provide financially for your loved ones, and receive medical treatments or rehabilitative services, so that you can get back on your feet. Not following the basic rules or procedures could severely hinder your chances for compensation.

  1. Do Not Visit an Unauthorized Medical Provider

You must seek medical treatment, but when doing so, do not go out and pick any medical provider whom you feel that you want to see. Your employer does not have to pay for unauthorized medical care – regardless of whether that care corresponds with your work injury. If your employer authorizes your choice of physician prior to your appointment, then you can see the medical provider of your choice. But, make sure that you keep copies of this approval, in case their insurer attempts to deny your claim.

  1. Do Not Create Conflicts

Do not engage in arguments, issue threats, or create any type of conflict between yourself and your employer, or yourself and the workers’ compensation insurer. This can impede the process, and actually halt your claim, instead of advance it. If you are having difficulty communicating, ask your attorney to help. Realize that your employer could become unresponsive and uncooperative if they feel that you are engaging in harassing or inappropriate behaviors.

  1. Do Not File Fraudulent Claims

No one intends to commit fraud, but there are instances where workers who are legitimately injured still have their claims denied for fraudulent actions. If you are injured at work, be honest about how the injury occurred, and the extent of your injuries. Do not exaggerate your injuries or make up other injuries. If you have a pre-existing condition that was aggravated by your job, be honest about that injury and report it to your employer. Exaggerating or adding injuries that do not exist are all fraudulent behaviors that will not only result in your claim ultimately being denied, but could require you to pay back any compensation that you have received up until the fraud was discovered.

Speak with a New York Workers’ Compensation Attorney

The New York workers’ compensation attorneys at Schwartzapfel® Lawyers P.C. can help you with your claim. We will go over the state’s laws and procedures, and help you decide which path is best for receiving compensation. To get started, schedule a free consultation with one of our attorneys at 1-877-737-4806 or fill out our online contact form with your legal questions.

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