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Labor & Employment

Workplace Injury Claims

After a serious injury at work, the paperwork rarely comes from one source. Workplace injury claims can run through the comp carrier, a disability insurer, a union fund, and sometimes a lawsuit, each with its own rules.

Reviewed

01 GUIDE

Workplace Injury Claims: what usually happens

Several claims from one injury

The workers' compensation claim is usually the core, covering medical care and part of lost wages for a work-related injury. If someone other than the employer contributed, a third-party injury case may run alongside it. Long absences can raise questions about private or union disability benefits, Social Security disability, and whether your job is held open under leave laws while you recover. Each program asks its own questions and pays on its own terms, and some offset or reimburse one another. Seeing them together early helps keep one claim from undercutting another.

Statements that follow you between claims

The same injury will be described on many forms, to many doctors, and to several adjusters. Inconsistencies between those descriptions, even innocent ones, are often used to question a claim, so describe how the injury happened and what you can and cannot do accurately and the same way each time. Keep copies of every form you sign and every benefit letter you receive, organized by program. A recorded statement requested by an insurer for another company is worth discussing with your lawyer before you give one. Posts on social media about your activities can also be read against what you have reported.

Sorting out liens and offsets

Money recovered in a third-party case usually has to account first for the comp carrier's lien for benefits already paid, and in New York a settlement generally needs the carrier's consent or court approval to preserve future benefits. Disability and health plans may claim reimbursement as well, and sorting out who paid for which treatment is easier while the records are fresh. These issues affect what you actually keep, so they belong in the conversation long before any settlement is discussed. In a first meeting we list every claim that exists or might exist, check the filing deadline for each, and set out which one needs attention first.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 CASE RESULTS

Matters we have handled

Prior results do not guarantee a similar outcome.

05 HOW WE WORK

Client-centered service across jurisdictions

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We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

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Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

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06 OFFICES

Where we meet clients

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New York

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(855) 529-7557

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(424) 561-7557

Attorney Advertising. This page is general information about workplace injury claims and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.