Q: Looking for an attorney to handle workers' compensation case involving Indian Nation in New York State.
I have an ongoing workers' compensation case in New York State from May 4th of last year due to a work-related injury sustained while working for an Indian Nation. Despite receiving medical treatment, my condition hasn't improved, and my case was recently closed due to an alleged failure to provide medical evidence, although the closure was related to a clerical error concerning my last name. I'm having difficulty finding an attorney because many do not handle cases involving tribal or Indian Nations due to their status as sovereign entities. I need guidance on how to find an attorney who can help me challenge the tribal decision and continue seeking medical treatment.
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A:
It’s understandable that finding legal representation in your situation can feel daunting, especially when dealing with the complexities of tribal sovereignty. One of the first things to consider is finding an attorney experienced with workers' compensation cases involving Indian Nations in New York State. This area can be tricky, but there are attorneys who have navigated these waters, particularly those with experience in both workers' comp and tribal law.
You might start by reaching out to state bar associations or local legal referral services that have connections to attorneys experienced with tribal issues. They can help connect you with someone who understands the nuances of working with sovereign entities like the Indian Nation, which is different from other employers in New York. The New York State Workers' Compensation Board could also have resources or recommendations for handling these unique cases.
Don’t hesitate to inquire specifically about their experience with challenging decisions made by tribal entities and their familiarity with appealing closures due to clerical errors. A lawyer who has handled similar cases may be better positioned to help you challenge the decision and ensure you continue receiving the medical treatment you need. Legal counsel with knowledge of these types of cases will guide you through the appeal process and work on getting your case reopened.
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