If you have been searching for an attorney to represent you and your case involves little or no lost time from work, I can explain why it has been so difficult.
In cases involving only unpaid medical bills the Workers’ Compensation Law requires you to find a lawyer who will work for free. That’s right, the Workers’ Compensation Law will not require an insurance carrier to pay the legal fees of an injured worker that is not missing time from work but has unpaid medical bills.
In a normal case, a Workers’ Compensation attorney is paid an attorneys fee which is deducted from the injured workers’ lost wage payments. All fees are awarded by a Workers’ Compensation Law Judge.
The problem arises when there are no lost wages claimed. In this circumstance, the Workers’ Compensation Law makes no provision whatsoever for attorneys to be paid by insurance carriers. Even more difficult to fathom, the Workers’ Compensation Law forbids an injured worker from paying an attorney, out of his or her pocket, for desired services namely having a claim established and medical bills paid for. This leads to the conclusion that the Workers’ Compensation Board really does not want injury victims to be represented by counsel.
Hopefully, the Cuomo Administration will change this mindset and put the rights of injured workers before those of big business and big insurance.
While it is impossible to take each and every “medical only” case since there is no hope of getting paid an attorney fee, our office attempts to help as many unrepresented claimants as possible.
If you have been injured at work and are getting the run around from the insurance company, feel free to contact us for a no charge consultation.