Contesting Medical Causation In Workers’ Compensation
When a worker falls and breaks an arm at work, there’s not much to dispute. For other types of claims, the skill of your attorney and the testimony of medical experts can make or break a claim for work-related disability.
The workers’ compensation law firm, Walsh and Hacker, enables employers and insurers to challenge a suspect medical claim that might otherwise result in many thousands of dollars in disability payments. Our lawyers represent businesses, insurance carriers and third-party administrators throughout New York.
Medical Causation Defense
In a workers’ comp case, the employee must prove that there was a work-related accident that directly caused the employee’s injury and that the employee timely notified you, the employer.
From 40 years of contesting work injury claims, we know that things are not always as they appear. Our defense focuses on inconsistencies, suspicious facts, contradicting medical evidence and alternative explanations.
We have successfully employed a medical causation defense for:
- Heart attacks
- Repetitive stress injury (e.g., carpal tunnel syndrome, bursitis, tendonitis)
- Occupational disease (e.g., toxic exposures to asbestos, silica, benzene, dioxins)
- Occupational hearing loss
- Mental health disability (e.g., job-related anxiety or depression)
If someone suffers a debilitating or fatal heart attack at work, we ask: Was there any unusual exertion or stress that day? Did the person have a heart problem (diagnosed or undiagnosed)? A smoking habit? In other words, was it work-related or did it simply happen at work?
Don’t Let A Claim Go Unchallenged
New York’s Workers’ Compensation Law gives the benefit of the doubt to the worker. Walsh and Hacker has a wide network of physicians and occupational safety experts who can examine the facts – and independently examine the employee – to offer a medical causation defense.