If injured at work or while in the performance of job-related duties, workers’ comp is supposed to make sure you’re properly taken care of. You should receive medical treatment and financial compensation for your lost wages and other expenses during your recovery. But what do you do if you aren’t getting the medical treatment you need? And how do you handle workers’ comp dragging out medical treatment?
The experienced New York workers’ compensation attorneys at Schwartzapfel Lawyers can help you get the medical treatment and financial compensation you’re entitled to. Call us now at 516-342-2200 for a free consultation and so much more!
How Does Workers’ Compensation Work?
In New York State, workers’ compensation operates as a no-fault insurance system that nearly all employers are required to use by law. Employers register each employee with workers’ compensation and make regular contributions to their insurance.
This insurance arrangement protects both employers and employees by providing financial coverage for medical expenses and lost wages in the event of a workplace-related injury or illness without the need to assign blame. Employees simply file a workers’ compensation claim as an immediate form of protection and reimbursement, and the employer has already funded the compensation system.
What Kinds of Injuries Or Illnesses Can Workers’ Compensation Treat?
Any injury or illness that occurs while on the job or as a result of something that happens at the workplace (e.g., exposure to toxic chemicals) entitles an employee to workers’ compensation.
Workers’ compensation doctors cannot deny an employee treatment or blame the employee for what happened as long as the employee was on duty when the incident happened. It’s important to act promptly to prevent any doubt surrounding your injury with your employer or workers’ compensation.
Beginning the process of making your claim immediately should leave little room for doubt. It could become difficult for anyone to state that your injury isn’t work-related (and deny you treatment or compensation) if you document your injury and act immediately.
If you or a loved one has questions or needs assistance with filing for workers’ compensation after a workplace injury or illness, the skilled New York workers’ compensation attorneys at Schwartzapfel Lawyers are prepared to fight for you. Call us now at 516-342-2200 for the legal representation you deserve.
How Long Do You Have To File a Workers’ Compensation Claim?
New York workers have up to (30) days to report any workplace injury or illness to an employer, but it is generally advisable to notify them as soon as possible to ensure timely access to benefits and medical treatment. In this way, it’s a good practice to report all workplace injuries immediately, even if they initially seem to be minor injuries. You may not be in pain immediately, but your injury may worsen with time and repeating your work duties.
As long as you’ve formally reported your injury within (30) days, you have up to two (2) years to file a workers’ compensation claim related to your reported injury. It’s not uncommon for injured employees to delay making a claim. They may not realize the extent of their injury until it worsens instead of improving with time.
Also, you don’t know how you’ll feel later. That’s why it’s so important to always report your injury from the beginning rather than waiting to see how you feel in a week or two. It helps to take photographs of the injury and the circumstances of the injury as soon as it happens.
Workers’ Comp Rule Exceptions For Hearing Loss
Hearing loss isn’t always noticeable immediately, and it may not happen all at once. Hearing loss can be the result of prolonged exposure to loud noises over a period of years or even decades.
People who work in loud environments, like factories or construction sites, may experience hearing loss slowly. Workers have up to (90) days from the time they learned they’ve experienced work-related hearing loss to report their injury and file a claim. Generally, it’s not an issue if the event that caused the hearing loss was more than two (2) years ago, as it can be nearly impossible to pinpoint a specific instance that damaged hearing, and the law recognizes that.
Do You Have To See A Workers’ Comp Doctor?
You must have an exam with a doctor approved by the workers’ compensation board to validate your workers’ comp claim and confirm your injuries. However, you do not have to wait to see a workers’ compensation doctor for initial treatment if your injury is an emergency.
For instance, if you need stitches or if you may have a broken bone, you should go to the nearest emergency room immediately. And if there’s any chance that your injuries could be life-threatening (like a head injury or an electrocution accident), you shouldn’t wait for a workers’ comp doctor appointment. That said, if your injury is something like a pulled muscle or a strained tendon, you can choose to wait for the next available opportunity to see a workers’ compensation doctor.
As a general rule of thumb, the sooner you have your exam, the stronger your case can be. So, please, protect your financial future and don’t delay your appointment any longer than necessary.
How Long Should You Wait For Treatment Through Workers’ Compensation?
If you feel that workers’ comp is dragging out your medical treatment or putting you through the wringer, you may be right. It does take time to process claims, but claims relating to your health are urgent.
You shouldn’t have to wait for treatment. It’s normal to wait one to two weeks for a non-emergency medical evaluation from a workers’ compensation doctor, but appropriate treatment should begin as soon as you’ve received your official diagnosis.
You’re filing for workers’ compensation because you need medical assistance. Your health is on the line, and it’s unacceptable for workers’ compensation to delay your treatment or drag out the process of receiving medical assistance.
To schedule your free consultation with Schwartzapfel Lawyers today, visit us online or dial 516-342-2200 now!
Why Is Workers’ Comp Dragging Out Medical Treatment?
Workers’ comp insurance sometimes uses tactics to minimize payouts and/or delay treatment. Among these tactics is their continuing to make requests for more information, including additional accident documentation, a more in-depth medical history, and other reference materials. Moreover, they may wait to authorize treatment requests by claiming that the treatment you need is not necessary or not covered by workers’ compensation, even if a doctor states that your treatment is necessary and should be covered.
Now, workers’ compensation is occasionally correct to request additional information. If you didn’t file your claim properly, or if you have a history of similar injuries, a workers’ compensation insurance adjuster will likely need to know every detail that impacts your case. You should comply with all requests for additional information, even if you don’t understand why workers’ comp needs certain information.
Still, workers’ comp insurance adjusters sometimes don’t want to pay out for cases they believe they can pass off or cases they believe may be expensive over time. An insurance adjuster’s job is to save money rather than to spend money, and your case may be caught in a situation where an adjuster is looking to shove it to the side.
What Should You Do About Workers’ Comp Dragging Out Medical Treatment?
If workers’ compensation requests more information about your injury, you should respond promptly. If you don’t receive a prompt response, it may be time to get a seasoned lawyer involved. Treatment or case delays can mean that workers’ compensation is trying to run out the clock or deny you the treatment you need for your injury or illness. You likely won’t recover on your own in the meantime — you need to act now.
Don’t let workers’ compensation suggest that you should assume a light-duty workplace role in the meantime. Going back to work in any capacity can damage your case, as workers’ compensation can claim that you aren’t too injured to work. Even if you feel like you have no other choice but to work a light-duty position, adjusters likely won’t view the situation as you enduring your discomfort to support your family.
Helping You Get The Treatment You Need
If workers’ compensation is making unreasonable requests and delaying your treatment, or if they’ve outright rejected your case, you need skilled legal representation immediately. Your health and ability to support your family are among the most important priorities in your life. Don’t leave anything up to chance – get qualified help now.
The skilled New York State workers’ compensation team at Schwartzapfel Lawyers has more than (150) years of combined experience helping people in your situation. Call us today at 516-342-2200 for a free consultation and/or case evaluation.
Remember, the sooner you call, the sooner you’ll be able to get the treatment you need. So, please, don’t wait until it’s too late. Instead, act now and have Schwartzapfel Lawyers fight – and win! – for you!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
Workers’ Compensation Coverage Requirements | New York State Workers’ Compensation Board
File a New York State Workers’ Compensation Claim | New York State
Workers’ Compensation Occupational Disease | New York State Workers’ Compensation Board
NYS WCB – Health Care Provider Search | New York State Workers’ Compensation Board
