New York Workers' Compensation is an intricate area of law that is often subject to a number of misconceptions. This site is intended to help readers seeking clarification on the topic of NY Workers' Comp. Whether you are an injured worker lost amidst the complexities of Workers' Comp, a doctor who is not sure how to properly handle a Workers' Comp patient's file, or simply a curious New Yorker who worries about what would happen if you were ever injured on the job, I hope that the content of this site will deliver the answers you seek, even to questions you didn't know to ask.

It is my pleasure to welcome you into the world of New York Workers' Compensation. I hope you enjoy your visit, spread the word, and come back soon.

Best regards,

Camila P. Medici, Esq.

Tuesday, October 12, 2010

My Attorney Has Me Doing All the Work!

When you are injured, unable to work, and struggling to make ends meet, it is understandable that you feel angry, stressed, and misunderstood.  If you retained an attorney to represent you in your Workers' Comp claim, then it must mean that from now on you just sit back, relax, and collect your checks right? 

WRONG!!!  Retaining an attorney does not remove you from your case.  It does not mean that you should simply expect your attorney to chase after all medical records, and always be able to magically preclude the rights legally given to the Insurance Carrier. 

You are still the person most interested in the outcome of your own case, and therefore you should make sure you keep track of everything you need, and give the pertinent documents to your attorney, whose most important role is fighting the insurance company at the hearings.

Many clients get mad at their attorney because their attorney seems to only let them know something is missing, like supporting medical evidence, when it gets close to the hearing, and then is unable to secure a copy on time, which can lead to temporary suspension of benefits.  It is simply unreasonable to expect that your attorney will be able to review all clients' files periodically to see what is missing, and successfully obtain records from your doctor without any problems in a timely fashion.  There are thousands of clients, all with scheduled hearings that require your attorney's presence.  You are the one in the better position to always submit the medical records to your attorney after each doctor visit, because you are also the one in the better position to get the medical records from your doctor. 

If your attorney simply wants you to gather the evidence necessary to present your case, that is not making you do all the work.  Without your attorney you probably would not be successful at presenting and defending your own claim at the hearings. 

You should remember this: your attorney is a crucial element in making sure the law is interpreted in your favor.  Their job is to handle hearings and the Insurance Carrier in your behalf.  You however, have the ongoing responsibility to provide your attorney with copies of medical records every time you get medical treatment, update your attorney on any changes of condition, address changes, surgical requests, treatment requests, etc.  It is a combined effort that if done in harmony will result in a positive outcome. 


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