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New York City Workers’ Compensation Attorney on How to Handle Insurance Company Disputes

Video Transcript

Why is the insurance company fighting my workers’ compensation case? Let’s talk about it today. My name is Craig Rosasco. I’m an attorney in New York practicing in the area of workers’ compensation and disability claims. We’re gonna talk about why an insurance company would fight your claim and what elements need to be overcome in order to successfully prosecute your claim.

The first thing you must show as an injured worker is that there was an accident on the workplace. You hope that one of your friends or coworkers witnessed the accident so that you have proof of it. However, there are presumptions contained within the workers’ compensation law stating that this accident did occur and it’s up to the employer to prove that the accident did not occur. Additionally, you must give your employer notice within 30 days of the accident. If you don’t give notice to your employer within 30 days of the accident, then there’s probably a good reason as to why the insurance company’s going to controvert your case and ultimately they may be successful in the court of law proving that there was no accident and/or proper notice. Last but not least, you have to seek medical treatment. Once you seek medical treatment, your doctor will send in medical reports connecting your injuries to the work-related accident. Once you have those three elements: an accident, proper notice and a causal related medical report from a doctor, there’s a good chance that you’re gonna be successful in your workers’ compensation case. Now why may an insurance company deny your claim? That’s because they’re gonna say, “Well you didn’t cover that employer,” or “There was no accident. We don’t have any history of an accident. He never told us or he never gave a proper notice within 30 days,” or, last but not least, the medical doctor says that it was a pre-existing condition and this accident had nothing to do with it. If that was one of the circumstances, there’s a good chance you may lose your case.

Why do I tell you this information? Because you may have been injured on the job and you have questions. Well I have the answers, so call me. I can be reached at 1-877-NY-DBLAW or on the internet at www.nydisabilitylaw.com. If you like the information I just told you about, feel free to press the like button, send all this information out to your friends. Thanks again.

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