Our mission is to be trusted advisors and effective advocates for our clients.

Defending blocked workers’ compensation claims

New York workers sustain injuries on the job every day. Whether you run a construction business or have a small office, accidents happen. However, not all injuries sustained while on the job or company property are compensable. At Stockton, Barker & Mead, LLP, we often assist clients with a wide range of workers’ comp issues.

FindLaw reports that accidental injury and occupational disease issues are the most common claim categories. Depending on the circumstances, there are a variety of defenses that can apply to a particular claim.

  • The deadline for notifying an employer of an injury ranges from 30-90 days. Failure to do so within the time frame may make your employee ineligible for a claim.
  • Time limits for filing a claim is different from a worker notifying you of their injury. Statute of limitations ranges from one to three years.
  • Independent contractors injured on the business premises may be ineligible for compensation benefits. This is true even if the company is negligent.
  • Employee negligence occurs when they perform duties while intoxicated or while engaging in “horseplay.” This term applies when a person’s injuries result due to their own carelessness.
  • To have a workers’ compensation claim approved, employees must have an independent medical exam. It verifies the case is authentic and is the basis for the benefits paid. If an employee fails to have this exam, they may receive a claim denial.

Workers hurt while on the job can receive benefits that assist them in the healing process. However, not all claims are justifiable or appropriate. Visit our webpage for more information on this topic.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Get Your Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location:
433 River Street Suite 6002
Troy, NY 12180

Toll Free: 800-491-2843
Phone: 518-703-8871
Fax: 518-435-1939
Troy Law Office Map