Trial Strategy

Trial Strategy in NYS Workers’ Compensation Claims

Let us help you develop litigation strategies to navigate the Workers’ Compensation system.

Litigation strategy in a New York State workers' compensation case can be complex, requiring a thorough understanding of the law and the ability to navigate the Workers' Compensation Board's processes. Here's an overview of key considerations:

Core Elements of Litigation Strategy:

• Case Evaluation:
  • A critical first step is to thoroughly evaluate the case's strengths and weaknesses. This involves analyzing:
  • The circumstances of the injury.
  • Medical evidence.
  • Witness testimony.
  • Relevant documentation.
  • This evaluation helps determine the likelihood of success and informs the overall litigation strategy.
• Evidence Gathering:
  • Building a strong case requires meticulous evidence gathering. This may include:
  • Obtaining medical records and expert medical opinions.
  • Securing witness statements.
  • Gathering workplace safety records.
  • Collecting photographic or video evidence.
• Legal Arguments:
  • Developing sound legal arguments is essential. This involves:
  • Researching relevant statutes and case law.
  • Preparing legal briefs and motions.
  • Anticipating and addressing opposing arguments.
• Negotiation and Settlement:
  • While litigation may be necessary, it's often beneficial to explore settlement options. This involves:
  • Negotiating with the opposing party.
  • Evaluating settlement offers.
  • Considering the long-term implications of any settlement agreement.
• Hearings and Appeals:
  • If a settlement cannot be reached, the case may proceed to hearings before the Workers' Compensation Board. This requires:
  • Preparing for and conducting hearings.
  • Presenting evidence and arguments effectively.
  • Understanding the appeals process if necessary.
• Key Considerations in NYS:
  • Workers' Compensation Board Rules: Adhering to the Board's rules and procedures is crucial.
  • Medical Evidence: Medical evidence plays a significant role in workers' compensation cases.
  • Timelines: Strict deadlines must be met throughout the litigation process.
  • Section 32 Settlements: A section 32 settlement is a very specific type of settlement within NYS workers compensation that closes out a case or closes out indemnity and keeps medical open. Therefore, understanding the implications of these settlements is very important.

Key Legal Considerations:

• Establishing that the injury occurred within the scope of employment.
• Determining the extent of the claimant's disability.
• Addressing disputes over medical treatment.

In essence, a successful litigation strategy in a NYS workers' compensation case requires a combination of legal expertise, meticulous preparation, and effective advocacy.

Let Asch Workers’ Compensation Strategy help you determine which trial strategy is best for your claim.