You CAN Fight A Workers’ Comp Claim. We Can Help.
In our 40 years of defending businesses and their insurance carriers, the attorneys of Walsh and Hacker have found that employers don’t always know their rights. Uninformed employers too often err on the side of letting a doubtful workers’ compensation claim go unchallenged.
Call us toll-free at (518) 463-1269 for a full explanation of your rights, and aggressive protection of your interests. We represent employers, insurers and third-party administrators throughout New York.
Understanding Employees’ Rights
Under state law, an employee injured in the normal course of work has a right to certain employer-paid benefits: (a) payment of medical bills, (b) temporary disability pay while off the job, and (c) lump sum payments for permanent injuries.
Fault is not considered – the worker can receive benefits if his own negligence led to the injury. The employer can recommend a medical provider, but cannot require the employee to go to a certain doctor or clinic. If the claim is controverted, the worker is entitled to request a hearing before a Workers’ Compensation Law Judge.
Your Rights As An Employer
Through legal counsel or its insurance company, an employer has the right to challenge any assertions made by an employee. This includes the right to present testimony of medical experts to refute the claim, and testimony of lay witnesses, including supervisors or co-workers of the claimant. We commonly hire private investigators to observe employees away from the workplace – a powerful and admissible tool for contesting a claim of disability.
At Walsh and Hacker, much of what we do flows from Accident, Notice and Causal Relationship (ANCR): Is the employee making a claim for an injury that occurred off the job? Was it a pre-existing condition? Did the employee inform a supervisor immediately about a job-related accident? Is there medical proof that the disability directly resulted from a workplace incident or working conditions?
The employer has the right to attend any hearings relating to a worker’s claim.
- Cannot withhold medical information
- Cannot knowingly provide false information
- Cannot choose the judge who hears the case
- Cannot choose the defense’s experts or witnesses
- Cannot testify without cross-examination by the defense
Workers have many rights, and the law is set up to give the employee the benefit of the doubt. But employees cannot interfere with the employer’s rights to challenge a claim.
Speak With A Knowledgeable Attorney Today
Walsh and Hacker has provided effective, cost-efficient representation in workers’ compensation litigation since 1967.
Contact us online today to arrange a consultation and get the strategic advice you need to protect your business’s interests.