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Why You Need a Personal Injury Workers Comp Lawyer Near MeIf? you've suffered an occupational injury or illness, it's important to consult with an skilled personal injury workers' compensation lawyer near me. They can guide you through the procedure of submitting your claim for benefits and proving the case to the insurance.Ofttimes, the insurance company will attempt to deny or minimize your claim. A knowledgeable attorney can counter these arguments.Medical EvidenceIf? you sustain an injury at work, your medical documentation will be a vital part of your case. The insurance company may doubt the validity of your injury if they do not have sufficient proof of the link between your incident and your injuries or illness. Medical records should include complaints, physical exam findings as well as a physician's diagnosis and references to MRI or X-rays. Your attorney may also be required to collect additional evidence to establish that the illness or injury was the result of your work duties.In a workers’ compensation case, you also need to follow the advice of your doctor. It could be anything from wearing a neck support or taking a certain amount of rest. Failure to follow the doctors' instructions could result in the denial of your claim. If you aren't satisfied with a particular course of treatment, you may make a claim for an independent medical review (IMR) through the Division of Workers' Compensation. This is a similar to a court hearing which takes place in one of the 24 DWC offices across the state.In a personal injury case you are able to claim a wider range of damages than you can through workers compensation. This includes past and future lost earnings, loss in earning potential, medical expenses and non-economic damages such suffering and pain. Your attorney will help you gather all of the required documents, then submit it to the appropriate authorities, and negotiate with the insurance company in order to reach an equitable settlement.The Duty of Care of the EmployerIf? you are injured at work or at another place, your employer has the responsibility of ensuring that you are protected. They are responsible for specific duties and must adhere to the strict rules set out by the New York Workers' Compensation Board. They must also have a plan in place to prevent occupational injuries and illnesses.If you're injured at work, they must notify you immediately. They should also offer medical care, which can be in the form a hospital, clinic or doctor. You must cooperate and follow their instructions in the best way you can so that they can properly assess your injury and recommend the best course of treatment. Our NYC Workers' Compensation lawyers can guide you through this procedure.If you file a claim for workers' compensation the insurance company will investigate the claim and might even require an independent medical exam. They will determine if the injury you suffered is related to work and determine the benefits you are eligible for. In many instances, a lump-sum Section 32 settlement can be negotiated so that you still have lifetime medical insurance.If you are injured at some other location than your workplace, you can file a lawsuit against the person who was negligent and caused your injury. In a personal injury case you must prove your that you were at fault. This is different from a worker compensation case. During your meeting your lawyer will go over the differences.Employer's NegligenceLike? any other business employers must maintain the highest level of safety and protection for their workers. If they don't, and a worker is injured in the process, it could be considered negligence on the part of the employer. This could happen where an employer does not fulfill their obligation to properly train an employee who is new or fails to follow the proper disciplinary procedures. In addition, an employer must make sure that their equipment and work environment are safe and conform to OSHA regulations. Our NYC personal injury workers comp lawyers regularly examine whether an employer is following these regulations and could file a lawsuit against them if they're not.Workers' compensation benefits are normally accessible without the need for a worker to prove fault. Workers compensation claims are meant to cover medical expenses as well as lost wages and other losses, regardless of the fault of the worker. There are exceptions to this rule, which could turn the workers' compensation case into a personal-injury claim lawsuit.<img width="331" src="">A serious error by an employer or any other party associated with the employer, such as a supplier, could transform a workers' compensation case into a third-party https://www.accidentinjurylawyers.claims/personal-injury-attorneys-near-me/ suit. This could mean an injury caused by a defective workplace item, such as a broken crane.Insurance Company NegligenceWorkers? insurance law obliges employers to provide insurance to employees who are injured at work. The idea is to stay clear of litigation and provide immediate benefits. The main drawback of this system is that the person who has been injured is not required to prove negligence on the part of their employer. This can lead to situations where an employer could be held accountable for a personal injury claim in the event that an employee is injured because of negligent supervision. This is often the case in cases involving dangerous machinery or other hazardous tasks in which an employer fails to properly supervise the work that is being performed.However, it's also possible for third parties to contribute to the accident that occurs at work. It could be a third party, such as an employer or manufacturer of the product used on the site. In these instances an individual injury lawsuit against the third party can be filed along with an action for workers' compensation. The final amount of compensation could be affected by the way these two cases are handled.If an accident at work results in injuries to the body it is essential to hire a workers' comp lawyer who understands how to efficiently coordinate both claims to ensure that you receive the entire amount of the damages to which you are entitled. An attorney with expertise in both workers' compensation as well as personal injuries can negotiate global settlements in your best interests.