Posts From September, 2018

What Makes a Valid Workers’ Comp Claim?

Filing a worker’s comp claim is fairly standard if you’ve been injured on the job, but your claim may be denied if it’s found to be invalid. Sometimes a claim is determined to be invalid, not because it truly is but because the employee failed to include all of the right paperwork and other information. While the denial may be able to be appealed, that does mean you have to go longer without any form of compensation. This can make things financially difficult, so it’s always best to make certain your claim is fully valid when you file it. Here are the things you’ll need to make a valid worker’s comp claim.

You Reported the Incident to Your Employer

You need to report any accident, especially one where you or someone else was injured, to your employer as soon as possible. If you don’t make a report, your claim may not be valid. Reporting an accident several days, weeks, or even months later may also invalidate your claim.

Your Employer Must Have Workers’ Comp Insurance

In most cases, this isn’t an issue. However, some businesses may have tried to avoid paying for workers’ comp insurance or may have put off getting it. For example, if you’re the first employee to be hired by an LLC or sole proprietorship, the business may not have been required to have worker’s comp insurance. The owner may not have purchased a policy yet, which means you wouldn’t be covered.

You’re Classified as an Employee

Another issue you may face that could invalidate your claim is if you’re not technically classified as an employee. If you’re a consultant, contractor, or a freelancer, for example, you may not be covered by a workers’ comp policy regardless of where the accident occurred. However, some policies do cover contractors. It depends on the policy, the state regulations, and, at times, the decision of the court.

You Can Prove Your Injury or Illness Is a Direct Result of Your Work

This can be easy or difficult to prove. It all depends on the nature of your injury. For example, if a large box fell on you while working in a warehouse, it’s a fairly obvious workers’ comp case. If you developed a hernia and first had it diagnosed on the weekend, it’s not as clear. Your work could easily have caused it, but so could one of your hobbies.

The experts here at Maximum Orthopedics can assist you with determining the validity of your workers’ comp claims. Contact us today to discuss your case.

  • Posted on: Sep 25 2018
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Is There Any Reason to Not File a Workers’ Comp Claim?

If you’ve been injured while on the job, you can file a workers’ compensation claim to cover your medical bills and other expenses incurred while you’re recovering. Most employees do file one of these claims, especially if the injury is easy to prove or if they’re going to be unable to work for months. But is there any reason why you might decide against filing a workers’ comp claim? There are actually a few different reasons you might.

Your Employer May Not Have Workers’ Comp Insurance

It is actually possible that your employer isn’t required to carry workers’ comp insurance or that you’re simply not eligible for worker’s comp. For example, if you’re a partner or the sole owner of the business, you’re not covered by your own workers’ comp insurance unless you’ve taken out a worker’s comp policy on yourself. Most business owners don’t think to do this, so they have no coverage. New York regulations state that if your business is a sole proprietorship or a partnership where everyone involved owns a piece of the business and there are no other employees of any type, volunteers, or subcontractors, the business doesn’t need to carry workers’ comp insurance.

You Can Get a More Compensation through a Lawsuit

In some cases, you may be able to receive more compensation by suing someone rather than by filing a worker’s comp case. For example, if you were injured in an automobile accident while traveling for work, you may be able to sue the driver who hit you. A construction worker may be able to sue a subcontractor for negligence rather than filing worker’s comp. It all depends on the situation you were in and the extent of your injuries.

In most cases, filing a worker’s comp claim is the right choice to make. These policies are designed to protect employees who are injured, and they’re set up to make certain you have the means to cover all of your debts while you recover from your accident. If you want to learn more about workers’ comp benefits, the experts at Maximum Orthopedics can help. Contact us today with your questions.

  • Posted on: Sep 15 2018
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