With over 100 years of combined legal experience, we assist clients in all facets of claim defense including:
The best defense to a Workers’ Compensation claim begins long before a Hearing. Our team of attorneys helps clients evaluate issues on claims and formulate action plans to guide the case to a successful, well managed conclusion. The Workers’ Compensation Board is constantly changing its approach to processing Workers’ Compensation claims. Therefore, the defense of a claim must also evolve. This is best met by a “team approach” between the Employer, Insurance Carrier, Third Party Administrator, and our office. Buckner & Kourofsky can help provide the advice and input you need to formulate the best defense for your claims.
Initial Claim Analysis:
Cases are won and lost at the onset of the claim. Our experienced legal analysis helps prepare the client for issues requiring adjudication. Prevention is the best line of defense.
Participation in Claim Reviews
Employers and Carriers know that claims must be reviewed and re-evaluated as the claim progresses. Our office can be of invaluable assistance in this process. Does the defense still make sense? We can help keep the claim “issue” focused and not “hearing” based in an attempt to resolve issues without litigation.
Before determining whether a claim is covered by your policy, there needs to be an assessment as to whether the Employer and Insurance Carrier’s policy is appropriately at risk. What appears to be a current claim may in fact be the responsibility of a prior Employer or Insurance Carrier. We can assist in that determination.
Attendance at Workers’ Compensation Hearings
Our team of attorneys have years of experience litigating cases under the Workers’ Compensation Law, which includes claims under the Volunteer Firefighters’ Act, Volunteer Ambulance Law and New York State Disability claims. We attend hearings in the Rochester, New York Workers’ Compensation District. We often attend Hearings outside the Rochester District when our clients require our expertise. Appearances outside the Rochester District are by special arrangement with our office.
Representation and the Appeals Process
A successful outcome at the Workers’ Compensation administrative level does not guarantee final success if there is not a vigorous defense at the appeal level. Our representation does not end with a decision of a Law Judge, but continues, when necessary, until the appeals process is exhausted by either the claimant or our client.
Our experienced attorneys not only effectively litigate when necessary, but also favorably negotiate resolutions. We help our clients determine when to litigate and when to settle and how much to offer in settlement. The talented attorneys on our team have negotiated thousands of cases to favorable and cost effective settlement.
Presentations Regarding Workers’ Compensation Matters
Buckner & Kourofsky believes in a duty to inform and educate our clients as to the state of the law and changes in the Workers’ Compensation arena. We have provided presentations on Workers’ Compensation topics to the New York State Self-Insured Association, the Monroe County Bar Association, and for the New York State Bar Association Continuing Legal Education series. Educational presentations to Employers on the Workers’ Compensation Law and current trends at the Workers’ Compensation Board can be arranged through our office.