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What type of workers’ comp benefits are available, and how can an attorney help? P.3

Tuesday, March 1, 2016

We’ve been looking in our last couple posts at the types of workers’ compensation benefits available here in New York, and have already spoken about medical benefits, total or partial disability benefits, and death benefits. In addition to the latter, supplemental benefits are available in certain cases.

Supplemental benefits are available to certain types of claimants who are most impacted by inflation. Specifically, widows or widowers receiving death benefits and claimants deemed totally or permanently disabled in connection with accidents that occurred before January 1, 1979 are eligible for these benefits.

Regardless of the type of benefits an injured worker may be seeking, it can help to work with an experienced legal advocate. With respect to medical benefits, an advocate can help ensure that an employer or insurance company does not deny medical benefits when a claim should be covered, that the proper procedure for medical treatment of the injured worker is followed, and that the employer provides the proper communications and notice.

When it comes to disability benefits, getting the proper assessment regarding the extent of the disability is critical, as is properly calculating the benefit itself. An experienced advocate can also help see to it that an employer is held responsible for compliance with disability benefits law. Similarly with death and supplemental benefits, an advocate can help ensure that injured workers and their loved ones who qualify for these benefits are not shortchanged by an employer or the insurance carrier.

Another instance when an experienced advocate can be indispensible is when an injured employee may have the ability to obtain a more appropriate degree of compensation outside the workers’ compensation system. We’ll speak about this issue in a future post.

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