When you are trying to get back to normal after a personal injury, the last thing you want to do is take any unnecessary risks. Overcoming this feeling of impatience can be particularly difficult after a personal injury.
You should follow the doctor’s advice, but there is a fine line between acceptable activity and activity that could worsen your injury or harm your case for personal injury compensation. To avoid momentary judgment lapses from causing lasting damage to your claim, it’s essential to understand proper protection practices for personal injury claims in NY after an initial injury.
When you are trying to get back to normal after a personal injury, the last thing you want to do is take any unnecessary risks. Overcoming this feeling of impatience can be particularly difficult after a personal injury.
You should follow the doctor’s advice, but there is a fine line between acceptable activity and activity that could worsen your injury or harm your case for personal injury compensation. To avoid momentary judgment lapses from causing lasting damage to your claim, it’s essential to understand proper protection practices for personal injury claims in NY after an initial injury.
Dealing with Insurance Companies in New York City
If you are injured because of someone’s negligence and want to sue, your first step is typically to file a claim with the liable party’s insurance company. However, insurance companies are known to make a lot of money by trying to avoid paying out settlements that they owe by denying claims and perpetuating legal battles. It’s crucial that you have your own attorney on your side to seek the entitled compensation from the insurance company.
You can expect your insurance company to question every aspect of your lawsuit as a reason to deny your claim. When it comes to lost wages, they may disagree with documenting your actual hours worked, or they might deny all work-related medical expenses.
Pain and suffering claims can also be rejected if they consider your recovery was faster than expected. They want to prove that you are not as severely injured as you claim because if they can do so, it gives them valid grounds to decline your settlement completely or decrease what they are willing to pay you.
Follow Your Doctor’s Recommendation to Protect Your Claim
It’s normal to feel excited when you receive a settlement offer from your insurance company. After all, you could be receiving thousands of dollars, depending on the circumstances of your case and medical records. But insurance companies will want to make sure that the injury is legitimate and that you are following the recommended treatment plan set forth by your doctor.
If you have a pre-existing medical condition – one that you’ve been taking medication for – this information will appear in those records. Suppose your doctors state that you are not ready to return to your regular activities, but you later engage in one or more of those same activities anyway. In that case, insurers will question your actions and can point to this as a sign of disregard for your injury and recovery.
Going back to work too soon can lead to complications down the road and significantly reduce any compensation you may be entitled to. This is because if you have returned to work prematurely, whichever insurance company is paying for your medical costs will likely use that as proof that you have failed to take your recovery seriously.
Long-Term Health and Financial Effects
Going back to work soon after a work injury is a natural instinct. Many people believe it will help them heal faster, especially if they return to a normal lifestyle as quickly as possible. If you return to work before your injuries have had a chance to heal, you risk further injury or even permanent disability. There could be long-term financial and health issues that could cost you much more than expected.
How to Make Ends Meet When You Lose Your Job?
It’s perfectly reasonable to be concerned about how you will pay your bills when you’re off work and recovering at home. It’s also reasonable to feel stressed out, depressed and even scared because of the financial uncertainty you now face. Our New York City personal injury lawyers can help you consider your best financial options available during this time.
For example, if you enter into a lien agreement with your attorney, you can pay them through your lawyer instead of paying your medical bills out-of-pocket. The attorney will then take over the responsibility for paying the medical providers and will distribute the payments once you receive your final settlement. An installment agreement is another option that allows you to make monthly payments and receive credit for those payments when the final settlement amount is reached.
Moreover, you can also add a claim for recouping wage compensation for the time that you took off from work to seek treatment or recover. That money will come in handy once it arrives.
Work Restrictions Your Doctor May Impose
A physician’s work restrictions for your job are recommendations to your employer about how to accommodate your injury. They usually come in the form of a notice certifying that you can’t work at full capacity because of an injury or medical condition. Here are some examples:
No Heavy Lifting
Injuries often occur when workers lift, carry, push, and pull heavy or awkward objects. With lifting, it’s not about weight; it’s about effort. Avoiding heavy lifting depends on various factors, including body position, the amount of weight being lifted, the frequency with which it is done, and the worker’s endurance.
No Heavy Work
This restriction usually prohibits significant physical activity. You might not be able to push, squat, bend or climb too much for a while. That’s because the doctor may want to protect parts of your body from moving too much just until your physical therapy is complete.
No Squatting or Kneeling
If a worker has injured their knee or back, their physician could place restrictions on the amount of kneeling or squatting possible in their daily work. If an injured worker can no longer perform kneeling or squatting required for their job tasks, the employer could attempt to find new work that does not require these activities.
Not Working on Uneven Ground
Anyone who works outdoors, such as surveyors or construction workers, know that uneven terrain is prevalent. Walking on uneven ground can be very difficult for workers with injuries. Uneven ground can pose a significant obstacle to work in some environments, and if it is not addressed, it can lead to complex problems later on.
Doing Light Work
This return-to-work restriction for injured workers usually calls for minimal physical activity in standing or walking positions. You will be expected to work within a specific range of motion. A physician may recommend rest breaks to limit physical strain and overuse.
Doing Modified Work
If you experience an injury or impairment that affects your ability to perform a typical job, your physician may recommend modified work. This can be an alternative to time off and disability. Often this includes transferring or changing the standing or sitting position to a more flexible, pain-free arrangement.
Doing Sedentary Work
When workers return to their place of employment, they should be aware that standing and walking away from an adjustable height desk can take its toll. Utilizing a seat aid to make this transition easier is an option. Alternatively, the worker could either be provided with an individually-sized ergonomic workstation or one adjustable height desk lowered in front of a seated station.
Emotional Restrictions
If an injured worker has a job that involves significant risk or stress, the employer should make reasonable accommodations to reduce the risk to an acceptable level. An injured worker does not need to do an entirely stress-free job. However, an employer should avoid placing them in a situation that is likely to cause pain or aggravate the worker’s injury.
What If You Don’t Feel Like Getting Back to Work?
Not every injury victim feels completely fine after being treated by their doctor, and they may feel that they are unable to work or perform the same tasks they used to do before the accident. If this is how you feel, speak with your injury attorney about other options you can avail.
If you are concerned about returning to work too soon, share this with your physician, who may be able to recommend work restrictions. Be sure to document any meetings with your health care provider related to your return-to-work status. Besides, you can also go to another doctor for a second opinion.
Finally, keep in mind that when you are seeking disability benefits, you will be under a microscope by the insurance companies and their investigators. These investigators are very thorough, and any social media activity or other electronic communications could be used against you and undermine your claim.
How Our New York City Personal Injury Attorneys Can Help?
No matter what kind of injury you’ve sustained that has led to time off work, you deserve a fair compensation from the at-fault party. Winning your rightful damages could make all the difference between struggling financially and making it through a difficult time with your family.
The insurance company will use every tactic to pay out fewer damages and keep their insurance costs down. And before they begin to poke holes in your claim, it’s a good idea to have an attorney on your side who understands the legal landscape related to personal injury claims in New York City.
The personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP will look into all aspects of your claim and make sure you get the compensation you deserve. We are committed to helping our clients recover maximum financial damages while providing them with the best possible outcome. We will also advise you when you can return to work without jeopardizing your injury claim.
Reach out to us today by calling 212-344-1000 or contact us online.
