Workers’ Compensation Law Firm in Queens
Representing NY clients facing claim disputes
If you are injured on the job and face a dispute with your job’s workers’ compensation insurance provider, you may need to take action. It is important to have legal representation throughout the claims process to protect your rights and prepare for the possibility of a hearing and appeals. Disputes can arise quite easily. If you need to take legal action against an insurance company that has denied your benefits or improperly reduced its obligation to cash benefits, contact an attorney. The Law Offices of Attorney George Poulos has over 30 years of success regarding Workers’ Compensation Board hearings and appeals. If you need effective legal representation, contact our firm to schedule an initial consultation.
Workers’ compensation board hearings
If your insurance company denies your claim or downplays your injury to limit benefits, it is important to consider your legal options. Our firm understands what it takes to successfully prove your case. If disputes arise, the Board may hold a hearing before a judge. The workers’ compensation law judge can review medical records, take testimony, and examine other evidence that might relate to the case. They will assess the claimant’s entitlement to benefits. If successful, the judge will determine the award for the claimant.
Appeals
Both parties have the right to appeal the court’s decision within 30 days. If the application is granted, a panel of three Board Members will review the facts of the hearing. They have the authority to uphold, modify, or reverse the judge’s decision. If the panel does not agree, either party may request intervention from the full board.
The insurer’s obligation during the appellate process
If an insurance company appeals a judge’s decision and it goes to a panel, they do not have to provide benefits for contested portions of the decision during the dispute. Any uncontested portions of the decision must be awarded. If an insurance company appeals a panel’s decision, they are obligated to support the claimant through the next phase of appeal.
Section 32 waiver agreement
Every so often, an insurance company and an injured worker can come to an agreement outside of court. This agreement will settle an injury case with a lump-sum settlement. It is important to note that this settlement is not binding without the final approval of the Workers’ Compensation Board.
Before You Sign a Section 32 Agreement
A Section 32 agreement is not a normal settlement. You are waiving your right to future workers’ compensation benefits, usually including future medical care, in exchange for a lump sum.
The Board reviews the agreement, and there is a 10-day window in which any party may withdraw in writing. After that window closes and approval becomes final, the agreement is binding and cannot be appealed. The claim cannot be reopened by you, by the carrier, or by the Board itself. If your condition worsens in five years, there is no going back.
That is not a reason to refuse a Section 32. It is often the right choice, particularly when the carrier is fighting everything and the alternative is years of hearings. It is a reason to know what the number should be before you agree, and to understand what future medical care you are giving up.
If your case goes past the Board panel, the next stop is the Appellate Division, Third Department, in Albany.
Contact an experienced Queens workers’ compensation lawyer
If your injury or benefits are in dispute, you may be faced with a hearing in front of a Workers’ Compensation Law Judge. It is important to have legal representation when facing such serious matters. Your future depends on the outcome. If you need legal support, contact The Law Offices of George Poulos. Our firm has over 30 years of experience fighting for the rights of the injured. We have successfully handled countless hearings and appeals on behalf of our clients. Contact The Law Offices of George Poulos for a consultation to discuss your legal matter.