After a workplace accident happens, you may no longer be able to take on your necessary job duties. Or, your doctor may diagnose you with a disabling medical condition that prevents you from returning to your place of employment. With no income, it’s difficult to afford medical treatment and even daily living expenses.
At Fusco, Brandenstein & Rada, P.C., we understand the overwhelming feeling of being injured, out of work, and struggling to support yourself and your family. You can depend on us to fight vigorously to protect your rights and pursue the benefits you deserve.
Whether you need helping filing a claim or appealing a denial, you can depend on our award-winning legal team. We have the experience and resources to pursue the benefits and compensation you’re due. We’ll take care of your case from start to finish and guide you through the complicated claims process.
We’re available 24/7 to take your call and provide the support you need. Call Fusco, Brandenstein & Rada, P.C. today at 516-496-0400 to find out more about our services.
Our Practice Areas
We have helped thousands of disabled and injured workers secure the benefits or compensation they need. Our main practice areas include:
- Workers’ Compensation
- Social Security Disability
- NYC and State Disability Pensions
- Group and Private Long-Term Pensions
- Union Disability Pensions
- Police Disability
- Veterans’ Benefits
- Negligence and Accidents
- General Practice
Workplace Injury Statistics
Someone gets hurt while performing their job-related duties every seven seconds. Each year, 4.6 million people sustain injuries at work. The most common injuries that occur in an occupational setting include:
- Pain and soreness
- Sprains, strains, tears
- Lacerations, punctures, and cuts
Accident types that lead to the most lost wages are:
Overexertion
- Accounts for 33.54% of workplace injuries
- Repetitive motion injuries
- Lowering or lifting items
Equipment and Objects
- Accounts for 26% of occupational injuries
- Caught between or crushed by equipment
- Struck by an object or equipment while it’s being operated
- Injured by collapsing object, structure, or equipment
Slip/Trip and Fall
- Makes up 25.8% of all injuries on the job
- Fall on a slippery surface
- Trip on hazards
- Fall from great heights
Disabling Conditions That Qualify for Benefit Coverage
Whether you’re applying for workers’ compensation, Social Security Disability, or another program, various injuries and illnesses could make you eligible for benefits. As long as it prevents you from returning to work for a specific period of time and you’re unable to earn your usual wages, you could apply for coverage. Examples of qualifying disabilities include:
- Overexertion injuries
- Traumatic brain injury
- Cancer
- Paralysis
- Mesothelioma
- Respiratory conditions
- Loss of limb or amputation injury
- Broken or fractured bones
- Skin disease and disorders
- Repetitive motion injuries
- Spinal cord damage
- Neurological disorders
- Arthritis
- Mental illness
- Loss of hearing or vision
If you’re unsure whether your medical condition will be covered by workers’ compensation or disability insurance, consult with an experienced lawyer from Fusco, Brandenstein & Rada, P.C.. We can review the details of your case to determine the coverage available. Different circumstances require applying for different types of benefits. When you hire us, we’ll let you know the legal options for pursuing the compensation you need to pay for your medical costs and lost income.
Losses Suffered by Injured Workers
Unfortunately, whether you get hurt on the job or suffer injuries that will keep you out of work long-term, there are various losses you’ll end up suffering. Mainly, income disappears, and you have to rely on insurance benefits. When you apply for workers’ compensation, Social Security Disability, or another type of insurance, the goal is to receive coverage for your lost wages.
Lost wages typically fall under multiple categories, depending on the severity of the injury and how long an injured worker cannot perform their job-related duties. Some people are eligible for benefit payments through their employer’s workers’ compensation insurance policy, while others qualify for long-term disability coverage. We’ll help you determine the best option that will provide the compensation you need.
Besides supplementing your income, you also need a way to pay for medical care. When you get diagnosed with a disabling medical condition, you’ll need ongoing treatment with doctors to manage pain, regain mobility, and recover. Even if you can’t make a full recovery, you can still receive upfront payment for the appointments required for your injury or illness.
Some benefit programs even provide compensation for the cost of traveling to and from medical treatment, participating in vocational rehabilitation, and death benefits for family members that lose a loved one in an occupational accident.
Steps to Take If Your Medical Condition Prevents You From Working
It’s important to follow a few crucial steps to protect your right to benefits following your injury:
Step 1: Let your employer know of the illness or injury you sustained that affects your ability to complete work-related duties. Be sure to put it in writing and make a copy for yourself, so there’s evidence of the notice. Depending on the type of benefits you’re applying for, there will be a deadline for when you need to notify your employer, so it’s best to let me know as soon as possible.
Step 2: Fill out the application. You need to complete forms about the incident that caused your injury, the type of injury you sustained, and how it affects your responsibilities at work. You should include a physician note that confirms your disabling condition and medical records associated with the injury.
Step 3: Request a copy of the insurance policy or information regarding coverage requirements. When you’re filing a workers’ compensation claim, you can request a copy of the policy from your employer’s insurance company. For Social Security Disability, you can refer to the Social Security Administration website.
Step 4: Secure accident scene evidence. Photos are a great way to depict the events leading up to an injury. For example, take crash site pictures if you got into a car accident while on the clock, or take photos of the hazardous working conditions on a construction site.
Step 5: Go to the hospital immediately after getting hurt or sick. You shouldn’t wait too long to seek medical treatment. Insurance companies pay attention to the timeline of your appointments. If you waited a while before the initial evaluation or regularly skip appointments, they might deny your claim. Continue treating your injuries until you reach maximum medical improvement or make a full recovery.
Step 6: Maintain complete and accurate records. Make sure you keep copies of your medical records and other documents that can prove you have a disability and can’t work. The more relevant evidence you can provide during the claims process, the more likely you’ll receive the benefit payments you deserve.
Step 7: Seek legal representation. Hire a White Plains attorney from Fusco, Brandenstein & Rada, P.C.. We can handle each step listed above on your behalf. You won’t have to worry about doing anything on your own. We’ll take care of your case’s legal aspects so you can focus on getting better and moving forward with your life.
What Happens If My Claim Is Denied?
Even if you deserve insurance coverage for your disabling condition, you could still end up with a denied claim. Sometimes, the representative makes an honest mistake; other times, insurance companies act in bad faith. Whatever the reason for the denial, we can file an appeal to get the decision overturned so you can collect benefit payments.
Common examples of why workers’ compensation, Social Security Disability, and other types of claims are denied include:
- Insurance company fails to perform an adequate investigation into the disability or unnecessarily delays claim process
- Lack of sufficient medical evidence proving the injury or illness and that it prevents performing job-related duties
- Preexisting medical condition or prior accident causing similar injuries
- Amount of income earned before sustaining the disabling condition
- Failure to cooperate with the insurance company during the application process
- Conflicting statements from the employer about whether the incident occurred on the job
- Inaccurate or incomplete information on forms
- Failure to attend an independent medical examination
- Missed the filing deadline
- Didn’t notify the employer of the workplace accident and injury
- There are no witnesses to confirm the injury occurred at work
At Fusco, Brandenstein & Rada, P.C., we know you need benefits to pay for your medical care and other associated costs. If you received a denial letter, contact us immediately, and we’ll help you file an appeal. Our team will review every detail of your original claim and determine how to prepare a request that gets you the compensation you deserve.
We know how to create an effective plan for overturning decisions and proving our clients have a disability that requires insurance coverage. You can depend on us to work hard until the insurance company pays what they owe you for the trauma you experienced.
Contact Us
If you were the victim of a workplace accident or sustained a disabling condition that prevents you from returning to work, contact Fusco, Brandenstein & Rada, P.C. immediately. We have the knowledge and experience to handle compensation and benefits cases, such as workers’ compensation claims and Social Security Disability benefits. Whether you need assistance submitting an initial application or appealing a denial, we can handle every step of the process.
Our legal team will provide the guidance and support you need to get through this challenging time in your life. We know it’s stressful trying to recover from injuries while pursuing financial compensation in a legal case. When you hire us, we’ll take over the claims process so you can focus solely on your medical treatment.
If you sustained an injury or illness that’s keeping you from your job, call Fusco, Brandenstein & Rada, P.C. at 516-496-0400 today. We’ll schedule your free consultation to discuss your legal options for recovering the benefits you deserve.