How Employment Lawyers Can Help with Workers’ Compensation Claims

When an employee is injured on the job, they may be entitled to compensation through their employer’s workers’ compensation insurance. Workers’ compensation benefits are designed to provide financial support and medical care to employees who are injured while performing their job duties. However, even though workers’ compensation is a legal right, many employees face challenges in obtaining the benefits they deserve. Workers may experience delays, denials, or even retaliation for filing a claim. In these situations, an experienced employment lawyer can help protect your rights and ensure that you receive the benefits you’re entitled to.

At Castronovo & McKinney, LLC, we specialize in helping employees with workers’ compensation claims. Our team of skilled employment lawyers is dedicated to fighting for workers’ rights and ensuring that injured employees receive the compensation they deserve. In this article, we will explain how workers’ compensation works, common challenges workers face when filing a claim, and how an employment lawyer can assist you throughout the process.

What is Workers’ Compensation?

Workers’ compensation is a state-mandated insurance program that provides benefits to employees who are injured or become ill as a result of their work. The benefits provided by workers’ compensation typically include:

• Medical Expenses: Workers’ compensation covers the costs of medical treatment related to the injury or illness, including doctor visits, hospital stays, surgeries, medications, and rehabilitation services.
• Wage Replacement: If the injury prevents the employee from working, workers’ compensation provides partial wage replacement to compensate for lost income while the worker is recovering.
• Disability Benefits: If the injury results in a permanent disability, workers may be eligible for additional benefits to compensate for the long-term impact on their ability to work.
• Vocational Rehabilitation: If the injury prevents the worker from returning to their previous job, workers’ compensation may cover the cost of retraining or education to help them transition to a new role.
• Death Benefits: In the tragic event of a work-related death, workers’ compensation may provide benefits to the surviving family members to cover funeral expenses and provide support for lost income.

While workers’ compensation provides essential benefits to injured employees, the process of filing a claim can be complex. In some cases, employers or insurance companies may delay or deny claims, or workers may be unfairly pressured into settling for less than they deserve. This is where an employment lawyer can help.

Common Challenges in Workers’ Compensation Claims

While workers’ compensation is meant to provide financial and medical support, employees often face a variety of challenges when filing their claims. These challenges can include:

• Claim Denial: Insurance companies or employers may deny a claim based on various reasons, such as alleging that the injury did not occur while performing work duties, or that the injury was pre-existing. In such cases, an employment lawyer can help prove that the injury is work-related and that you are entitled to benefits.
• Delayed Payments: Some employees experience delays in receiving their workers’ compensation benefits. This could be due to paperwork issues, disputes over medical treatment, or delays in the insurance company processing the claim. A lawyer can ensure that your benefits are provided promptly.
• Reduced Benefits: Insurance companies may offer settlements that are lower than the full benefits you’re entitled to, either due to pressure or misinformation. An employment lawyer can negotiate on your behalf to ensure that you receive the maximum compensation for your injury.
• Retaliation for Filing a Claim: In some cases, employers may retaliate against an employee for filing a workers’ compensation claim, such as through termination, demotion, or harassment. Retaliation for filing a workers’ compensation claim is illegal, and an employment lawyer can help protect you from such actions.
• Disputes Over the Severity of the Injury: In some cases, the employer or insurance company may dispute the severity of the injury or question whether it is disabling. An employment lawyer can help gather medical evidence and expert opinions to substantiate the severity of your injury and ensure that you receive appropriate benefits.

How an Employment Lawyer Can Help with Your Workers’ Compensation Claim

If you’re facing challenges with your workers’ compensation claim, an employment lawyer can provide critical assistance. Here’s how an employment lawyer can help:

• Filing a Claim: An employment lawyer can assist you in filing your workers’ compensation claim accurately and promptly, ensuring that all required forms are completed and submitted to the appropriate agency or insurance provider.
• Handling Disputes: If your claim is denied or delayed, your lawyer will help you navigate the appeals process and gather evidence to support your case. They will advocate on your behalf and challenge any decisions made by the employer or insurance company that unfairly deny or reduce your benefits.
• Negotiating a Fair Settlement: If you are offered a settlement, your lawyer will help you understand the terms and negotiate to ensure that the settlement is fair. Employment lawyers know the value of your claim and can make sure you don’t settle for less than you deserve.
• Protecting Against Retaliation: If you face retaliation for filing a workers’ compensation claim, an employment lawyer will help protect your rights and take legal action against your employer if necessary. Retaliation for filing a claim is illegal, and your lawyer can help you file a retaliation claim against your employer.
• Ensuring You Receive Maximum Benefits: An employment lawyer will ensure that you receive all of the benefits you are entitled to, including medical treatment, wage replacement, disability benefits, and vocational rehabilitation. They will also help you recover compensation for pain and suffering if applicable.

Why Choose Castronovo & McKinney for Your Workers’ Compensation Case?

At Castronovo & McKinney, LLC, we have years of experience representing employees in workers’ compensation cases. Our legal team understands the complexities of the workers’ compensation system and is dedicated to helping injured workers recover the benefits they deserve. Whether you are dealing with a denied claim, delayed payments, or retaliation, we are here to help you navigate the process and protect your rights.

We offer personalized legal representation to each client, taking the time to understand the specific details of your injury and your needs. Our lawyers will fight aggressively on your behalf to ensure that you receive fair compensation for medical expenses, lost wages, and other related damages. We are committed to helping you get back on your feet after a workplace injury.

If you’ve been injured at work, don’t wait to file a claim or challenge a denial. Contact Castronovo & McKinney today to schedule a consultation with one of our experienced employment lawyers. We will review your case, explain your options, and work to ensure that you receive the compensation you deserve.

To schedule a consultation with one of our skilled workers’ compensation attorneys, contact Castronovo & McKinney, Employment Law Attorneys today. We are here to protect your rights and help you secure the workers’ compensation benefits you’re entitled to.

Contact Us

Visit our offices in Morristown, NJ or New York, NY, or give us a call to schedule a consultation with one of our experienced employment lawyers. We are here to help you with your workers’ compensation claim and ensure that you receive the support you need after a workplace injury.

New Jersey Office
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924

New York Office
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781