First Steps in Negotiating a Deal After the Medical Records


Having your doctor send in the right report is necessary. The key to settling a workers’ compensation case is having a doctor who understands the medical guidelines well enough to provide a report that will satisfy the requirements of the Workers’ Compensation Board. More and more, filing the right report on the right paper will push the settlement in a way that permits a settlement.

So, if your treating doctor understands the system and knows the paperwork and cares to put in the time to help you, a settlement negotiation can begin. Lawyers can assist workers in explaining the necessary paperwork. Also, even though much of this information may be available on line, interpretation is critical because one mistake in the wording, however innocent, can destroy a negotiation.

For example, if the doctor puts down 25% under the section calling for temporary ratings instead of in the section for final resolution, the amount of money the carrier is paying can automatically be decreased. Or, one doctor may put down 75% per cent impairment while another treating doctor puts down 50% impairment and the carrier will honor the lower figure. This can mean the amount of money you receive will be less even though your primary doctor has told you that you cannot go back to your job.

Carriers will not give you more money than they think is justified based on their interpretation of your doctor’s forms. And if your doctor does fill out the forms in a way that would seem to entitle you to money, the carrier will usually elect to send you to their doctor to offset your doctor’s opinion.

So, a critical step in receiving payments is understanding the role of the worker’s compensation attending doctor’s report.

Contact a Skilled New York Workers Compensation Attorney

If you are looking to file a claim and need a trusted New York workers compensation attorney, contact the law office of Robert A. Koenigsberg at (212) 964-9292 or fill out an online contact form for a free consultation. Mr. Koenigsberg has been representing injured workers since 1996. We work on a contingency basis, which means there is never a fee until we recover benefits for you.