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Tactics Insurance Companies Use in New York Worker’s Compensation Claims

Work Injury Claim Form with a pen on a desk with an declined stamp.

A workers' comp lawyer can help you level the playing field.

In the realm of workers' compensation, insurance companies wield significant influence. While their role should be to ensure that injured workers receive the benefits they rightfully deserve, they often employ various tactics that can complicate and even undermine the claims process. That's why it's essential for injured workers in New York to be aware of these tactics to protect their rights effectively.

This is where an experienced workers' compensation attorney becomes invaluable. Navigating the complex landscape of workers' compensation claims requires comprehensive knowledge of the system and the tactics commonly employed by insurance companies. By consulting with an experienced attorney, injured workers can level the playing field and ensure their rights are upheld.

Tactic 1: Intentional delays

Insurance companies frequently resort to employing delay tactics, which deliberately prolong the workers' compensation claims process. These tactics can have significant repercussions on injured workers, exacerbating their financial strain and prolonging their access to much-needed medical treatment.

When insurance companies delay making decisions on claims, it puts immense pressure on injured workers, creating uncertainty and discouraging them from pursuing their rightful benefits. The extended waiting periods can result in mounting medical expenses and lost wages, making it increasingly challenging for injured workers to cope with their financial obligations.

Some common delay tactics used by insurance companies include:

  • Excessive requests for additional documentation
  • Unnecessary investigations
  • Extended periods of review without providing substantial feedback or updates

These tactics are often employed to wear down injured workers and deter them from pursuing their claims.

Tactic 2: Disputing the extent of injuries and medical treatment

Insurance companies often have a vested interest in questioning the necessity and reasonableness of medical treatment in workers' compensation claims. They may attempt to minimize the extent of the injuries sustained by the worker or dispute the need for certain treatments, especially surgery and other expensive procedures.

Obtaining approval for necessary medical treatment can be an uphill battle for injured workers. Insurance companies may subject injured workers to additional examinations, request second opinions, or dispute the connection between the injuries and the workplace. These tactics often result in delayed or denied medical treatment, leaving injured workers in a state of frustration and hindered recovery.

Tactic 3: Challenging impairment ratings

Insurance companies may challenge the impairment rating assigned to the injured worker, which can significantly impact the benefits received. Disputed impairment ratings can lead to reduced benefits or even a denial of benefits altogether.

Tactic 4: Surveillance and social media monitoring

Insurance companies may employ surveillance techniques to gather evidence against injured workers. This can involve monitoring the activities of the worker in an attempt to challenge the severity or validity of their injuries. Additionally, in today's digital age, insurance companies may also scrutinize social media accounts to search for evidence that contradicts the worker's claims.

The invasion of privacy and potential misinterpretation of surveillance footage or social media posts can have detrimental effects on a workers' compensation claim. Injured workers must be cautious about their online presence and take steps to protect themselves and their claims.

Tactic 5: Pressure to settle for less

Insurance companies may employ tactics to pressure injured workers into accepting lower settlement offers than they deserve. They may exploit the vulnerability and financial strain of injured workers, often undervaluing the true worth of their claims.

Understanding the true value of a workers' compensation claim is crucial to avoid settling for less than what is fair.

Fight back with a workers' compensation attorney

In New York, it's important to remember that workers' compensation insurance companies have their own legal representation focused on protecting the insurance company's bottom line. To ensure a fair fight, it's crucial to enlist the services of a knowledgeable workers' compensation lawyer who understands the system's intricacies and will tirelessly advocate for your interests from start to finish.

If you've suffered a work-related injury in New York, you don't have to face the insurance company alone. At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, our team possesses a deep understanding of New York's workers' compensation laws and will provide you with personalized guidance tailored to your specific situation.

Don't let the insurance company take advantage of you. Take the first step toward securing the compensation and benefits you rightfully deserve by contacting us today for a free case evaluation.

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