New York Workers Compensation Attorneys
What are common causes of workplace accidents?
Employees get hurt at work every day, as a New York workers’ comp attorney can attest. These accidents usually occur if an employer has failed to keep the workplace safe. While many of the injuries that result from these injuries are minor, some are life-threatening. Let’s take a closer look at the common causes of workplace accidents:
- Poor lighting
Workers’ comp attorneys in New York may have worked with clients who slipped and fell at work because of poor lighting. If there isn’t adequate lighting in the workplace, employees may have trouble seeing where they’re going and fall. Employers need to have sufficient lighting in all work areas and fix broken light bulbs immediately.
- Hazardous materials
Employees who work around hazardous materials must be extra cautious. If these materials aren’t handled properly, they can result in burns and other serious injuries. Employers must adequately train workers on how to use these hazardous materials and follow all safety rules. Injuries can be avoided if workers wear safety goggles, gloves, and other safety gear while working around these materials.
- Workplace violence
Unfortunately, some workplace accidents are caused by violence, as New York workers’ comp attorneys could confirm. Employees may get into disagreements about various issues and try to use physical violence to solve them. Incidents that involve violence at work might not be covered under the employer’s workers’ compensation policy, so an injured victim might have to pursue other legal action to get compensated.
- Clutter on the floor
Employees can also get hurt at work if there is clutter on the floor. To prevent trip and fall accidents, employers must practice good housekeeping. If they have a cleaning professional pick up around the workplace regularly, there will be fewer hazards.
- Fatigue
Employees have an increased chance of getting injured at work if they are tired. If they have worked too many hours in a row or have not gotten enough sleep, they may lose focus and hurt themselves on the job. Employees who work in overnight shifts may be especially susceptible to fatigue on the job.
- Vehicle crashes
New York workers’ comp attorneys may have also assisted workers who were injured in vehicle crashes on the job. Employees who have to drive a vehicle for work are at risk of getting into accidents. Employers must ensure their workers are properly trained to operate a vehicle before letting them drive it.
- Falling objects
If items on shelves are not properly secured, they can fall and hit employees on the head. New York workers’ comp attorneys have likely represented clients who suffered severe head injuries from falling objects at work. Employers must ensure items on top of shelves are adequately secured to prevent severe injuries to their employees.
An Attorney Can Help With These WC Roadblocks
New York Workers Compensation Attorneys understand that accidents happen. They also know that you have rights as a worker in the state of New York. If you’ve been injured on the job, you’ve likely heard about Worker’s Compensation benefits, but maybe you’re unsure on how to receive them. Perhaps you’ve filed a claim for WC benefits only to encounter unexpected roadblocks along the way. In either scenario, Polsky, Shouldice, & Rosen, PC has you covered. If you’re concerned about growing medical bills and being unable to work, they will work with care to fight for the benefits you deserve. There are a few things that can happen during the process to win WC benefits. If you’ve encountered any of these circumstances, talking to a lawyer is a good idea.
Your Employer Doesn’t Have WC Coverage
By law, most employers are required to have Worker’s Compensation insurance. Accidents happen, and they are expected to be able to provide benefits when they do. If you or a loved one has been hurt in a workplace accident only to learn that your employer is uninsured, you should contact New York Workers Compensation Attorneys immediately.
Under ideal circumstances, injured employees are paid benefits through a WC insurance company. In the absence of this medium, compensation must be pursued through the court system or state WC board. Polsky, Shouldice, & Rosen, PC are great allies to have in both scenarios.
Your Worker’s Compensation Claim Was Denied
You did everything you were supposed to do. You reported your injury to your employer in writing, filed your claim, and submitted copies of your medical bills. Still, you find that your claim has been denied and you do not understand why. This is a job for a lawyer. You have the right to appeal rejected WC claims, and having a lawyer on your side can be a big help.
A Lawyer Can Answer Your Questions
Consulting with a lawyer arms you with knowledge and experience that you may not have otherwise. Since they know the system and have more resources at their disposal, they can greatly increase the chances of a successful claim if you run into trouble.
If you’ve been hurt at work, you should be focused on getting better. Having to deal with the added stress of pursuing benefits can make your recovery that much harder. Reaching out to an attorney and assessing your options is one of the best things you can do for yourself.
Common Injuries and Illnesses Covered By Workers’ Compensation
- Hearing Loss
Some jobs have noisy environments. Construction work, factory work, and other similar jobs often leave employees having a hard time hearing. If an individual’s hearing loss can be attributed to the noise endured at work, they may be able to receive workers’ compensation benefits. If the hearing loss is obviously caused by something genetic or an unrelated traumatic experience, the person may not receive coverage.
- Repetitive Motion Injuries
Workers’ compensation attorneys in New York know that someone who sits at a keyboard and types all day could end up with carpal tunnel syndrome. Someone who lifts merchandise from a pallet to a high shelf all day could end up with bursitis. Someone who works on an assembly line could develop epicondylitis, or tennis elbow, from the movement he or she does all day. All of these repetitive motion injuries, and more, are typically qualifications for workers’ compensation coverage.
- Mental Conditions
There are a lot of mental conditions, and not all are considered for workers’ compensation. Your New York workers’ compensation attorneys could probably help you determine whether to move forward with a report if you have a mental condition. Some situations that may be eligible include when a physical injury causes profound life changes that result in depression, sleep disorders, and other similar mental illnesses.
PTSD could also be considered if the individual suffering is a teacher who survived a mass shooting or a store clerk robbed at gunpoint. Other mental disorders should be discussed with the workers’ compensation board, as well as your attorney.
- Occupational Illnesses
Some illnesses are specifically considered occupational illnesses. For example, someone who works in the coal industry and later gets diagnosed with black lung disease would directly relate to their job and illness. Someone who works in remodeling and gets diagnosed with asbestosis could have an easy time showing it was due to exposure to asbestos through work. Occupational illnesses such as these generally qualify for workers’ compensation.
Receiving Legal Help
If you were injured or became ill during your job, you may be entitled to workers’ compensation. While this touches the surface of the types of injuries and illnesses workers’ compensation covers, many other conditions qualify.
If you were hurt at work, you might be entitled to compensation. If you are looking for New York workers’ compensation attorneys, contact Polsky, Shouldice & Rosen, P.C. at 718-875-0909.
NEW YORK WORKERS COMPENSATION ATTORNEYS
What Injured Employees Should Know About Job-Related Illness and Injury
Our workers’ compensation attorneys are well aware that an accident that occurred while at work can send the injured worker’s entire world into a tailspin. It’s only natural for employees who have been injured to want to know what comes next, and it should come as no surprise that the thought of a future full of unknowns can be terrifying. You deserve to receive compensation for your injuries, and Polsky, Shouldice & Rosen, P.C. is prepared to assist with this process. When managing your case, it’s important to be able to understand the types of injuries that may result in workers’ compensation, in addition to having a clear understanding of the steps that need to be taken moving forward.
The following are injuries employees on the job stand to face:
- Falling Objects
- Motor Vehicle Accidents
- Repetitive Motion Injuries
- Overexertion
- Falls
Such injuries can have a long-term impact on the victim and, in some cases, result in lifelong consequences. Victims may require extensive medical treatment or impact a person’s ability to continue doing their job. Should such a tragedy occur, employees who have been injured will be looking for a professional who can provide them with the necessary support. When facing physical pain and such a life-changing event, why not turn to a New York workers’ compensation attorney for assistance? Here are some recommendations to adhere to to ensure the most positive outcome possible:
Always Report the Injury to Your Employer
It’s important to report an injury that happened in the workplace to your employer as soon as possible. There are specific timeframes for reporting an injury depending on where you live; however, know that the sooner your injury is reported, the better opportunity you have at receiving benefits. If there is a question that your injury did not occur while you were at work, the chance of having your claim denied increases dramatically.
Take Care of Yourself by Seeing a Doctor
It’s not uncommon for someone to believe they have not been injured following an accident. For others, medical care may seem like an annoyance that you would rather avoid. However, it’s critical to be aware that refusing medical treatment can have a serious impact, especially should injuries present themselves down the road. Not only does medical treatment ensure that you receive the best possible care, but it also produces documentation that may be vital in proving your case.
Proper Care Is Just as Important as Seeing a Doctor
Your treatment provider will outline recommendations for your care once they have diagnosed and treated your injuries. It’s important that victims follow all treatment recommendations, which may include follow-up care, physical therapy, and more. Failing to follow these recommendations can lead your employer and the insurance company to believe injuries were not as serious as originally indicated, not to mention impact your treatment.
Do Not Hesitate in Consulting with a Professional
While in some situations, you may not require legal support, it’s always a good idea to at least consult with a lawyer after a work-related injury has occurred. Many offer complimentary consultations so that injured workers have the ability to meet with a professional, have their case reviewed, and receive answers to the many questions they have. Here are some indicators that are a sure sign that it’s in your best interest to speak with a lawyer:
- You have a pre-existing condition
- Your injury was so severe that you needed surgery, missed ample time from work, or require significant recovery time
- Your injuries impact your ability to return to your job
- Your employer does not believe the injury was at work
- Your claim has been denied
4 Things You Should Know About New York Workers Compensation
1. If You Were Hurt While Working, You Probably Have a Claim
If you were hurt while doing your job and the injury you suffered resulted because of the work activity you were doing, then you probably have a workers’ compensation claim. This applies even if your injury happened somewhere other than at your workplace. If you believe your claim has been wrongfully denied, the New York workers compensation attorneys at Polsky, Shouldice & Rosen, P.C. may be able to help you.
2. You Have the Right to an Attorney
State law guarantees you the right to choose New York workers compensation attorneys to assist you with your claim or represent you at hearings. You may choose an attorney licensed by the New York State Bar Association or the Injured Workers’ Bar Association. You may also opt to work with a non-attorney representative who has been licensed by the Workers’ Compensation Board.
3. The New York Workers’ Compensation Board May Assist You
The New York Workers’ Compensation Board is a government agency that is responsible for deciding disputed workers’ compensation claims. The board may be able to help you with some issues, such as why benefits have stopped or have not started yet and disputes over authorizations for medical treatments. You can also file a complaint about your claim with the Board. However, the Board does not represent workers and recommends that workers seek legal assistance from New York workers compensation attorneys for complex issues.
4. Not All Employers Are Required To Provide Workers’ Compensation Coverage
Most employees who work for for-profit employers in New York are required to be covered by workers’ compensation, including some types of employees who are frequently excluded in other states:
- Domestic workers, if they are employed for at least 40 hours by one employer
- Farmworkers who earned at least $1,200 from farm labor in the previous year
- Workers who own their businesses but work on-site for other employers
However, some types of employees are not covered:
- Business owners who do off-site work for employers
- Ministers
- Volunteers at nonprofits
- Teachers and some other employees at charitable, religious and educational institutions
- Employees of Native American or foreign governments
- Workers who are covered by other programs, such as railroad, police, fire personnel and maritime employees
- Insurance and real estate agents who are independent contractors
If you are unsure whether you are covered by workers’ compensation, an attorney at Polsky, Shouldice & Rosen, P.C. may be able to provide assistance.
We know that work-related injuries are incredibly overwhelming, and taking the step in contacting a lawyer from Polsky, Shouldice & Rosen, P.C. can give many pause. However, know that by contacting our team, you receive the clearest picture of how best to move forward. Learn more about how our New York workers’ compensation attorneys can help by calling our office today.
Frequently Asked Questions About Workers’ Compensation
Navigating the complex world of workers’ compensation can often lead to many questions. At Polsky, Shouldice & Rosen, P.C, we encounter various inquiries from our clients regarding their rights and the process involved in workers’ compensation claims. Here, we address some of the most common questions to help clarify key aspects of workers’ compensation in New York.
How Do I Know If My Injury Is Covered Under Workers’ Compensation?
In New York, workers’ compensation covers injuries or illnesses that occur as a direct result of your job or workplace conditions. This includes not only accidents and injuries that happen at the workplace but also occupational diseases developed over time due to work conditions. If your injury or illness is directly related to your job duties or work environment, it is likely covered. However, certain conditions apply, so it’s important to consult with NY workers’ compensation lawyers to assess your specific situation.
Can I Appeal A Workers’ Compensation Decision And How Do I Do It?
Yes, you can appeal a workers’ compensation decision if you believe the ruling was unfair or did not adequately address your injury. In New York, the first step is to file an application for review with the Workers’ Compensation Board. If you’re not satisfied with the Board’s decision, you can further appeal to the New York State Supreme Court, Appellate Division. The appeals process can be complex, so it’s advisable to seek assistance from experienced workers’ compensation lawyers.
Can I Receive Workers’ Compensation If The Accident Was My Fault?
Workers’ compensation in New York operates under a no-fault system. This means that you can receive benefits regardless of who was at fault for the accident. Whether it was your mistake, your employer’s, or a coworker’s, you are generally still entitled to workers’ compensation benefits for an injury sustained while performing job-related duties.
Can I Sue My Employer For A Workplace Injury?
Under most circumstances in New York, you cannot sue your employer for a workplace injury if they have workers’ compensation insurance. Workers’ compensation is designed to provide benefits without the need to prove fault, and in return, it limits the ability to bring a personal injury lawsuit against your employer. However, there are exceptions, such as in cases of intentional harm or egregious negligence. It’s important to discuss your case with a knowledgeable attorney to understand your legal options.
How Long Do I Have To File A Workers’ Compensation Claim?
In New York, you should notify your employer of your injury within 30 days of the accident. The formal workers’ compensation claim must be filed with the New York Workers’ Compensation Board within two years of the accident or within two years after you knew or should have known that a disease was related to your employment. Timely filing is crucial to ensure your eligibility for benefits, so it’s recommended to act promptly and seek legal guidance.
At Polsky, Shouldice & Rosen, P.C, we understand that dealing with a workplace injury can be stressful and confusing. Our team of NY workers’ compensation lawyers is dedicated to providing the guidance and support you need to navigate the workers’ compensation system and secure the benefits you deserve. If you have more questions or need assistance with your claim, feel free to reach out to us for expert legal advice.
