Delayed Workers’ Compensation Claims in New York

Was Your Workers’ Comp Claim Unfairly Delayed?

For workers who’ve suffered injuries or illnesses on the job, a promptly processed workers’ compensation claim is vital to receiving needed medical treatment and financial support. Unfortunately, the New York workers’ compensation claim process is fraught with the potential for difficulties – including delays.

If your workers’ compensation claim has been delayed, our Queens attorneys at the Harris Firm, LLC can explore your options for legal action. We know delayed claims can add to the stress and financial strain workers and families face in the wake of work-related injuries and are devoted to helping clients take steps toward securing the benefits they need as soon as possible.

We’re backed by a decorated team of trial lawyers and have helped thousands of workers and families overcome all types of workers’ compensation challenges. If you have questions about a delayed claim anywhere in New York City, we want to help.

Call (718) 487-8669 or contact us online today to request a FREE consultation.

Why Are Workers' Compensation Claims Delayed?

Workers’ compensation claims can be delayed for a variety of reasons. Sometimes, these reasons are relatively easy to correct. In other cases, however, they speak to the complexity of an administrative process where the interests of claimants and powerful insurance companies are directly at odds.

At the Harris Firm, LLC, we’ve been trusted by clients across all five NYC boroughs for decades and have amassed a great deal of experience representing claimants who’ve encountered delays, denials, and disputes that threatened their ability to obtain needed benefits. Over our many years in practice, we’ve seen many different reasons for claim delays. Some of the most common include:

• Insufficient or Incomplete Documentation. Many delays result from errors present in initial claim filings, such as incomplete forms, erroneous dates and information, and lack of proper documentation. Because details about your injury and work history are vital to the processing of your claim, you’ll want to ensure you’ve provided as much documentation as possible – or that you’re able to obtain and submit additional documentation when required.
• Disputes Over the Cause of Injury. Disagreement about whether an injury is work-related or due to pre-existing conditions can halt the claims process as investigations seek to establish the underlying cause. Overcoming this type of delay can be achieved when there is clear documentation about the context of the injury or when you’ve obtained substantiating testimony from medical experts who provide an opinion about causation.
• Failure to Timely Report Injuries. The longer you wait to report an injury, the harder it becomes to validate the claim, causing potential delays. You’ll want to report any workplace injuries immediately, both to medical professionals and to your employer, to create a timely, official record. If there are reporting discrepancies, testimony from eyewitnesses may become valuable in recreating timelines and events.
• Insurer / Employer Conflicts. The claims process requires cooperation. If employers or insurers are reluctant to inform workers of their rights (as they are legally obligated to do) or provide information about medical care and the claims process, delays can result. Sometimes, these issues require further investigation to determine if the actions of insurers or employers rise to the level of bad faith.
• Claim Complexity. Complex cases typically take longer to resolve, particularly if they involve severe injuries, long-term care, or multiple parties. If your case involves these types of issues, you’ll need to prepare for a more rigorous process and ensure that you have sufficient supporting evidence.
• Inadequate Communication. Misunderstandings and misinformation can arise without solid communication channels between all involved parties, threatening further delays. An attorney can communicate with the insurer on your behalf and facilitate the conversations and negotiations that help move your claim toward a successful resolution.
• Legal or Regulatory Issues. Legal complexities or changes in workers' compensation regulations may cause delays, as can disagreements between parties about material facts of law. Such issues require a deeper level of scrutiny and the attention of skilled counsel.

How Insurance Companies Delay the Workers' Compensation Process

Sometimes, the delay is not an accident but a tactic. Insurance companies might:

• Request unnecessary information: To prolong the process or discourage you from pursuing the claim.
• Offer low settlements: Hoping you'll accept less than you're entitled to out of desperation.
• Dispute medical evaluations: To call into question the extent or cause of your injuries.

Having legal representation can ensure that you have an advocate who is looking out for your interests, and has the insight and experience to stop these types of practices in their tracks. Skilled attorneys can also conduct the investigations and leg work that ultimately moves your case along and toward a resolution.

How Can An Attorney Help When My Workers’ Comp Claim Has Been Delayed?

When you face delays in your workers’ compensation case, enlisting the support of an experienced attorney can help you evaluate available options and formulate a plan of attack. At the Harris Firm, LLC, we leverage our decades of insight to provide the full-service support workers and families need following unfair delays.

Here’s how we can help:

• Case Review: We conduct a thorough examination of your case details and claim status, searching for reasons why your claim has been delayed and whether there is a valid justification, correctible issue, or even misconduct involved. If there are issues we can rectify, we can immediately handle revisions of your claim or submissions of new documentation to expedite the claim process.
• Evidence Gathering. If delays stem from discrepancies in key details of your claim, or contentions from insurers about issues such as the work-relatedness of your injuries, pre-existing conditions, medical treatment, or degree of disability, we can work to gather additional evidence that supports your claim. This may include testimony from witnesses with knowledge about the incident or job duties responsible for your injury or the opinions from medical experts who can speak about your condition, prognosis, and disability.
• Negotiation and Advocacy: We can open the door to communications with the workers’ compensation insurance carrier handling your case and explore the potential for resolving pending claims as efficiently and favorably as possible.
• Appeals. If delays stem from issues that lead insurers to deny your claim outright or pay less benefits than you deserve, we can evaluate your options for pursuing an appeal. In New York, the first stage of the appeal process is an administrative review by the New York State Board of Workers’ Compensation.
• Additional Claims. In some cases, claimants may have other options beyond informal negotiations. This can include civil personal injury lawsuits filed against negligent third parties that caused your injury, which may allow you to recover a broader scope of compensation than what’s available under workers’ comp, and civil claims filed against insurers or employers that seek compensation for damages caused by the bad faith handling of your claim.

Don’t Wait to Fight For the Benefits You Deserve. Call (718) 487-8669

If you have questions about workers’ compensation delays or have been waiting too long to receive your benefits, our team at the Harris Firm, LLC is standing by to help. We’ve counseled clients across Queens and New York City in a range of workers’ compensation matters and are happy to evaluate your matter and legal options during a complementary consultation.

To request your free case review, call (718) 487-8669 or contact us online.