Helping injured Brentwood workers pursue the benefits they're entitled to under New York law.
If you've been hurt on the job in Brentwood, you're probably trying to figure out how the workers' compensation system works, what benefits you can get, and what happens if the carrier fights your claim.
At Polsky, Shouldice & Rosen, P.C., we focus exclusively on workers' compensation and have represented injured employees throughout New York since 1987. We handle claims for common workplace accidents across every industry. Reach out for a free consultation with our Brentwood, NY workers' compensation lawyer today.
Workers' Compensation Lawyer Brentwood, NY
What does New York workers' compensation cover?
Workers' compensation in New York is a no-fault insurance system that provides medical care and partial wage replacement to employees hurt on the job. The injured worker doesn't have to prove the employer did anything wrong. The injury just has to arise out of and in the course of employment, which covers nearly every accident or occupational illness tied to work activity. Workers' compensation can also cover pre-existing conditions that are aggravated by work.
The system covers traditional accidents like falls, equipment injuries, and motor vehicle crashes when work-related, along with conditions that develop over time such as repetitive stress injuries, hearing loss, and occupational diseases. Brentwood workers in construction, healthcare, transportation, warehouse, manufacturing, and other industries all turn to the workers' compensation system after job-related injuries.
Types of Workers' Compensation Cases We Handle in Brentwood
Workers' compensation covers nearly every kind of injury or illness tied to work activity. Our firm represents employees across the full range of industries and accident types found in Brentwood and the wider Long Island area. The case types below come up most often in our practice.
- Construction site injuries. We handle workers' compensation claims for falls, scaffold collapses, struck-by incidents, equipment accidents, and other serious injuries that happen on construction job sites.
- Slip and fall accidents. Wet floors, icy walkways, and cluttered workspaces lead to broken bones, herniated discs, and concussions across many work environments. We represent workers from retail, hospitality, healthcare, and other industries injured in these falls.
- Repetitive stress injuries. Years of lifting, typing, gripping, or overhead reaching can cause carpal tunnel syndrome, rotator cuff tears, herniated discs, and other chronic conditions covered by workers' compensation when work-related.
- Motor vehicle accidents on the job. Delivery drivers, tradespeople, salespeople, and other workers who drive as part of their job can claim workers' compensation benefits after work-related crashes regardless of fault.
- Lifting and back injuries. Heavy lifting, awkward postures, and repeated bending cause back strains, herniated discs, and lasting nerve injuries. These claims often involve disputes over whether the injury is new or pre-existing.
- Occupational diseases. Long-term exposure to chemicals, dust, mold, noise, or other harmful conditions can cause lung disease, hearing loss, skin conditions, and other illnesses covered when the work caused or contributed to the disease.
- Heavy equipment and machinery injuries. Forklifts, conveyor belts, presses, saws, and other industrial machines cause crush injuries, lacerations, and amputations on warehouse, manufacturing, and construction sites.
- Healthcare worker injuries. Nurses, aides, and other healthcare staff face needlestick injuries, back strains from patient handling, and exposure to infectious diseases as part of their daily work.
- Burns and electrical injuries. Food service workers, electricians, and industrial workers can suffer thermal burns, chemical burns, and electrical injuries on the job.
- Mental health and stress claims. New York workers' compensation can cover certain work-related psychological conditions, including those tied to traumatic events on the job.
Why Choose Polsky, Shouldice & Rosen, P.C. for Workers' Compensation in Brentwood, NY?
Our practice has focused on workers' compensation for more than three decades. That focus shapes how we handle every claim.
A Practice Devoted Entirely to Workers' Compensation
Each of our partners has devoted his career to representing injured workers under the New York workers' compensation system. Donald Shouldice earned his J.D. from the University of Miami in 1991 after completing his undergraduate degree at the University of Pennsylvania. He has practiced in New York since 1992 and serves on the Board of Directors of the Workers' Compensation Alliance. Adam Rosen holds a J.D. from Hofstra Law School, chairs the Nassau County Bar Association Workers' Compensation Committee, and is admitted to practice in both New York and Maryland. Mark Polsky has practiced workers' compensation law since 1987 and serves as President of the Nassau County Bar Association Workers' Compensation Committee. He has received a Humanitarian Award for his contributions to union members and their families.
Track Record at Hearings and Appeals
Most workers' compensation cases involve hearings before a Workers' Compensation Law Judge, and many require appeals to the Workers' Compensation Board. Our firm has handled thousands of these proceedings over the past three decades. That experience matters when carriers contest medical evidence, dispute the degree of disability, or push for inadequate settlements. We're familiar with why claims get denied and know how to develop the record to overcome those defenses.
Understanding Workers' Compensation Cases
Benefits, Coverage, and Compensation in Workers' Compensation Cases
Workers' compensation in New York operates on a no-fault basis. The injured worker doesn't need to prove employer negligence to receive benefits. The benefits are set by statute and fall into a few main categories.
- Medical care covers all reasonable and necessary treatment for the work injury.
- Lost wage benefits replace a portion of average weekly earnings up to a statutory maximum set by state law.
- Schedule loss of use awards apply to permanent partial impairment of arms, hands, legs, feet, and similar body parts.
- Non-schedule permanent disability covers injuries that affect the back, head, neck, or systemic body functions.
- Death benefits go to surviving spouses, dependent children, and certain other dependents.
- Vocational rehabilitation services may be available for workers who can't return to their previous trade.
In limited circumstances, an injured worker can also pursue a separate negligence claim against a third party other than the employer. These claims can include damages like pain and suffering that workers' compensation alone does not cover.
What Are Important Aspects of a Workers' Compensation Case?
The most successful workers' compensation cases share a few core practices. Reporting the injury early, getting consistent medical care from authorized providers, and keeping clear records all support the strength of the claim.
- Tell your supervisor about the injury immediately and follow up in writing.
- Get medical care from a provider authorized by the New York Workers' Compensation Board.
- Track every doctor's appointment, prescription, and missed day of work.
- Save copies of all paperwork from your employer and the insurance carrier.
- Talk to a workers' compensation attorney before signing any settlement papers from the carrier to maximize your benefits.
What Is the Workers' Compensation Case Timeline?
Every workers' compensation case is unique, but you can expect your claim to go through the following process:
- The injured worker receives medical care and reports the injury to the employer.
- The C-3 claim form is filed with the Workers' Compensation Board within the statutory deadline.
- The carrier either accepts the claim or files paperwork contesting it.
- Both sides exchange medical evidence and may take depositions of treating providers.
- A Workers' Compensation Law Judge holds hearings to address benefits, ongoing treatment, and permanent impairment.
Many cases resolve within a year. Cases involving denied claims, surgery, or permanent disability often take longer, particularly when appeals or settlement options need to be negotiated.
What Should You Bring to Your Workers' Compensation Consultation?
The first meeting goes faster when you bring the documents that describe your injury and treatment. Items that help us evaluate your situation include the following:
- Any written injury report or notice you gave to your employer
- Hospital records, doctor visit notes, and a list of treating providers
- Recent pay stubs along with any short-term disability paperwork
- Any letters from the insurance carrier or its representatives
The initial consultation usually takes under an hour. We will go through your situation, explain how the workers' compensation system applies to your case, and outline the steps that come next.
What Are Important New York Legal Resources for Workers' Compensation Cases?
Several New York agencies and laws guide how workers' compensation cases proceed. The resources below give you a starting point for learning more.
- The Workers' Compensation Board administers all claims and publishes forms, regulations, and benefit information.
- The statute of limitations for filing a claim is generally two years from the date of accident under Workers' Compensation Law §28, with separate timing rules for occupational diseases.
- The OSHA workers page provides information on federal workplace safety standards and worker rights.
- The BLS injury data tracks fatal and non-fatal workplace injury statistics across industries.
These resources offer general information only. How any specific rule applies depends on the facts of your particular case.
Reach Out to Polsky, Shouldice & Rosen, P.C. to Schedule a Consultation
If you were hurt on the job in Brentwood or anywhere across Long Island, speaking with a workers' compensation attorney early in the process gives you the best chance of avoiding mistakes that can cost you benefits. Our firm offers free initial consultations and represents injured workers throughout New York. Contact us to schedule a time to talk with one of our attorneys.
