Navigating a corrupt system: an injured New York worker left in limbo

Let’s consider what could happen to an injured New York Worker we’ll call Mr. Jones. Jones, a construction worker, is injured when another employee at his work site runs into a ladder he is standing on, and Jones falls, seriously injuring his back. His injuries are so severe that he is unable to continue his job. Now what?

According to the law, Jones must notify his employer within 30 days that he has been injured, and he must also file a claim with the New York workers’ compensation board. Jones’ employer does not contest the claim, as the severity of Jones’ back injury is confirmed by a doctor. Jones expects that his medical care and compensation will begin within a few weeks. Seems simple enough, right?

Those tricky claims forms

Not so fast. First of all, Mr. Jones makes a little mistake on his claim form and unintentionally leaves out some information. This is a surprisingly common occurrence, something that happens to many claimants, but it is a small mistake that can set a claim back months. Eventually the mistake is corrected, but by this time Jones has waited an additional 2 months for compensation to begin. Now remember, Jones isn’t able to work and isn’t getting any workers’ comp benefits, so he’s really starting to panic because his family is essentially broke. Unfortunately for Mr. Jones, there’s more trouble to come.

Not so independent medical exam

Next, the insurance company wants Jones to see an “independent” doctor to evaluate his back. They also want to review his entire medical record, everything that has ever happened to him. Jones isn’t sure why they’re asking, but says okay. What he doesn’t realize is that this is a sleazy insurance tactic to try and pin his work-related back injury on some problem from his past. Unfortunately for Jones his medical records reveal that he was treated for minor back pain after a car accident 6 years earlier. Guess what? The insurance company’s “independent” doctor thinks that Jones’ back troubles are because of the earlier accident, not because of what happened at work. Uh-oh.

Claim denied?

Now Jones faces having his claim denied. What is he going to do? He has a legitimate work related injury and the insurance company is playing dirty with him to avoid paying his medical bills and compensating him for the time he’s out of work. In the meantime, his family is struggling to survive without his income. What Jones really needs is somebody who understands the NY workers’ comp system, somebody who can bail him out of this mess.

Help for injured workers fighting the system

If you’re being mistreated by the system like Mr. Jones, don’t wait months or even years to receive your benefits. Contact a qualified New York workers’ comp attorney to defend your rights and help you get the compensation you so desperately need. Contact the attorneys at Markhoff & Mittman to discuss your case and find out what we can do for you. You can also request a free copy of our book, “Five Deadly Sins that Can Derail Your New York Workers Compensation Case”.

Markhoff & Mittman, P.C.

14 Mamaroneck Avenue

Suite 400

White Plains, NY 10601

Toll Free: (866) 205-2415

Phone: (914) 946-1452

Fax: (914) 946-0810