Hauppauge NY Workers Comp Lawyer
Being injured while at work can create unnecessary turmoil in your life, as any Hauppauge, NY Workers Comp Lawyer at Polsky, Shouldice & Rosen, P.C. knows. Workers compensation was put into place to help employees maintain a financial security in the event of injury. However, in some cases, you may not be receiving the compensation you believe you deserve. At our firm, we are dedicated to helping our clients obtain the compensation they deserve so that they may focus on getting healthy once again.
Those who have been involved in an accident at work, may be overwhelmed at what to do next. The first thing that any injured worker must do is protect themselves so they can get the care they need to recover. Unfortunately, injured workers may commit a mistake that negatively impacts their claim without even realizing it.
After a Work-Related Accident
If you have been injured while at work or acquire an injury due to work related matters, there are a few steps a Hauppauge, New York Workers Comp Lawyer suggests taking after the incident:
- Get Medical Help: If necessary you should obtain first aid or other medical assistance as quickly as possible. Employers must allow injured employees to seek medical care after an accident. If your employer failed to do this, you’ll want to speak with a Hauppauge workers comp lawyer immediately.
2. File an Accident Report: In most states there is a short window of time in which your accident report must be submitted in order to get compensation. No matter what the incident was, a member of our team would likely suggest that you file an accident report. Even if you are not injured right away, that first accident could have caused an injury that takes a while to appear. In addition, filing an incident report could allow for your management to implement safety measures in order to prevent an injury from happening to another individual in the future.
3. See a Doctor: In some cases, the company will select a doctor that you should see. When you are meeting with this doctor it is important you share every detail of the accident that you can. In some cases, you may not feel as though the company doctor is offering the proper care. If this occurs, you should speak with us so we can provide about your legal rights for fair treatment and proper care.
After seeing a doctor, you should make copies of all paperwork and have the doctor write and sign anything that may seem important. For example, you may want to write out a detailed description about your treatment plan and have the doctor sign it. Or, if the doctor says you shouldn’t do a specific task at work, you should obtain their signature for this document as well. Lastly, make sure you follow all directions that the doctor provides. If you do not, then your employer may argue that you didn’t choose to get proper help.
4. Follow up with your Employer: You should contact your employer to make sure that they have filed a workers’ compensation form and sent in the proper documents. After this, you will have to wait to see what coverage and benefits you may be eligible to receive. If you have any trouble with this final step, it may be a wise decision to contact a Hauppauge Workers Comp Lawyer in New York.
Visiting a Doctor Right After the Accident
Injured employees should seek medical care promptly, and continue to do so until they are better. Many employees may wait to see if their injuries heal on their own. In most cases the injuries will require some degree of medical attention. By delaying treatment, this can impact how much you receive under workers’ compensation benefits.
Seeing Your Own Doctor for an Assessment
Depending on your state, you may have to see the work-assigned doctor first and only then can you see your personal physician for a second opinion. A potential drawback to seeing the doctor your employer chose is that he or she could be biased to making medical decisions that ultimately save your employer money. During the appointment, be sure to inform the doctor about all of your symptoms, regardless of if you think they are relevant at the time. If you keep some symptoms to yourself, they may not be covered later on after pursuing workers’ compensation benefits.
The Influence of Witness Testimony
Yes, the more testimonies you have by witnesses, the stronger your claim can be in seeking workers’ compensation benefits. Don’t be afraid to ask coworkers for their statement of what happened, if they saw the accident occur with their own eyes.
Filing Your Claim Quickly
There is usually a time limit for how soon a workers has to come forward and file a workers’ compensation claim. Depending on the state, this time-frame varies. But in general, the employee has 30 days to file or otherwise their claim will be void.
Write Down Your Symptoms
Keep a journal of your symptoms, doctor recommendations, diagnosis, treatment plans, how long you had to be away from work for recovery, etc. By doing so, you are keeping all important details in one place. Additionally, this information can be used as evidence if you take the matter to trial with a NY Workers Comp Lawyer located in Hauppauge. Keep copies of your out-of-pocket expenses, insurance bills, costs for prescriptions, doctor assessments, and any other related documents.
When the Injury Happened Somewhere Else
If your injury did not happen at work, then there is a strong chance your claim will be denied — unless you were traveling for work and were performing a job task somewhere else. For instance, you could be a traveling salesman who was meeting with a client in another city when the injury accident occurred.
Our team of Hauppauge, NY Workers Comp Attorneys at Polsky, Shouldice & Rosen, P.C. understand that in order for workers’ compensation benefits to work smoothly, both employer and employees must understand the laws regarding this program. Workers’ compensation insurance aims to help safeguard businesses in the event of a workplace accident, while also giving the employee what he or she needs to get better medically.
Here are common questions that employees may ask their NY Workers Comp Attorney when it comes to being eligible for and using workers’ compensation benefits if a workplace accident were to occur:
What does workers’ compensation benefits cover?
Workers compensation programs help cover lost wages, medical bills, ongoing costs for treatment, and funeral expenses if the employee had passed away because of the work-related accident. However, not every company has workers’ compensation benefits available to their employees. Companies that may not be required to have such a program are those that:
- Have employees which are independent contractors, part-time domestic workers, nannies, maids, maintenance workers, taxi drivers, and some agricultural workers
- Are run purely from volunteer assistance
- Have employees that work intermittently with minimal hours throughout the year
Are there situations in which workers’ compensation benefits won’t cover?
While workers’ compensation benefits strive to protect both employees and businesses, a Hauppauge Workers Comp Attorney in New York can tell you about situations in which the accident injuries aren’t covered. These circumstances vary by state. But in general, if any of the following factors are true for the workplace accident, then there is a chance the person’s claim will be denied:
- The injuries were a result of a fight instigated by that employee
- The employee had been under the influence of alcohol or drugs when the workplace incident occurred
- The employee had intentionally caused the injury to collect workers’ comp benefits
- The injuries were mental/emotional that had not been a direct result of a workplace incident
Where do the funds for workers’ compensation programs come from?
If the company is to have a workers’ compensation program, it is their responsibility to purchase insurance that covers employees. Employees are not to pay for these benefits. Most states require businesses to have workers’ comp insurance. For those states that do not necessitate it, the coverage is elective. How much workers’ compensation insurance costs the company depends on business size, state laws, type of work, and on-the-job risks.
How do I know whether I am eligible for workers’ comp benefits?
A Hauppauge Workers Comp Attorney at Polsky, Shouldice & Rosen, P.C. cannot emphasize enough how important it is to understand your rights under a workers’ compensation program, so you know when it is time to file a claim. If you sustained an injury or illness because of a workplace incident or environment, then you may be eligible to receive these benefits. Once you observe the injury or illness, it is imperative that you notify your employer promptly. Your employer will then have you complete paperwork so the incident is on file.
Should I see a doctor the same day I report the injury/illness?
Yes, chances are after you report the injury or illness your employer will ask if you want to see a doctor that same day. It is in your best interest to say yes, so your condition can be officially documented by a medical professional.
If you want more information about workers’ compensation rights and benefits, please contact our office to speak with a NY Workers Comp Attorney from Hauppauge at Polsky, Shouldice & Rosen, P.C. right away.
The aftermath of a work-related injury and/or the diagnosis of a work-related illness can be very disorienting. Even if you are ordinarily a highly-organized, “take charge” kind of person, you may feel foggy, unsure, frustrated and even temporarily paralyzed when it comes to taking your next steps forward. This is an extremely normal response to suffering from a work-related medical condition. So, whether you are eager to file a workers’ compensation claim or you feel completely overwhelmed by the prospect, know that you are not alone and that there is a way forward. The Hauppauge workers’ compensation lawyers at Polsky, Shouldice & Rosen, P.C. are here to provide you with necessary guidance and support as you seek compensation for your work-related injury and/or illness.
How Do I File a Workers’ Compensation Claim?
The process of filing a workers’ compensation claim varies from jurisdiction to jurisdiction. Our Hauppauge workers’ compensation lawyers understand exactly how this process progresses in New York. In general, you are going to need to obtain documentation related to how your injury or illness developed. You are also going to need to obtain documentation confirming that you do indeed have a work-related injury or illness as a result of your working conditions and/or an accident. Don’t worry. Our legal team can help you obtain necessary documentation and direct you to medical professionals in order to document your diagnosis if you have not already taken these steps.
You are also going to need to notify your employer of your intention to file a claim. The idea of reporting your injury or illness may be intimidating, so do not hesitate to ask our Hauppauge workers’ compensation lawyers any questions you may have about this part of the process. Some workers are understandably concerned about retaliation, immigration actions, etc. when it comes to reporting an injury or illness. Our legal team knows the law inside and out. We will be able to advise you of your rights and help you to ensure that those rights remain protected as you seek any compensation you are eligible for and entitled to.
Unfortunately, workplace accidents are extremely common. When we typically think of these accidents, we imagine that some objects might have fallen on an employee, an employee slipped and fell at work injuring their back, or that they fell from a higher surface and became injured. When accidents like these occur, it is very likely that workers damage their jaws, mouths and/or teeth.
Whatever the case, know that dentists can work with your Hauppauge workers’ comp attorney to help you successfully complete your claim. You should not have to suffer from a dental injury and assume the burden of associated medical bills alone. Instead, rely on the legal team at Polsky, Shouldice & Rosen, P.C. and your local dentist to help you document your injuries and successfully submit your claim.
Can a Hauppauge workers’ comp attorney help with a dental injury workers’ compensation claim?
Dental care is expensive. If your dental needs arose due to a work injury, a Hauppauge workers’ comp attorney can help you recover compensation to cover these costs. Our firm knows what kind of documentation you need to ensure you have the necessary paperwork and evidence to support your insurance claims.
When should I come in after my injury?
A a Hauppauge workers’ comp attorney will likely recommend you come in to have your injury looked at and fixed as soon as possible for two reasons.
- Dental injuries have a very short window of time where they can be fixed. If you lost a tooth or if your tooth is loose, you should come in as soon as possible after the accident so that we can try to replace and fix the tooth. Time is of the essence.
- Like any other workers’ compensation claim, the insurance company will want to see that your injuries were serious enough to seek medical help immediately. Coming in for an emergency visit after the accident might be critical for your claim.
What are common dental injuries after a work-related accident?
There are many common injuries that your mouth can sustain if you were involved in a work-related accident that ranges from mild to severe.
- Loose Tooth. When you have a loose tooth after a work accident, the root to your tooth may be broken. Your dentist can establish whether a root canal can save your loose tooth or if it should be removed and replaced altogether.
- Chipped or Broken Tooth. While a chipped tooth may not seem like a big deal, it can actually cause a lot of pain and lead to tooth decay. If your tooth is broken, it can expose your nerve. A root canal is important in these situations.
- Temporo Mandibular Joint (TMJ). Direct trauma to the jaw can cause TMJ, and this could mean an occlusal guard appliance, injections, or even a joint replacement.
For more information related to seeking workers’ compensation benefits following a workplace injury, please call a Hauppauge workers’ comp attorney today. Our legal team looks forward to helping you through this challenging time.
Meet With a Member of Our Legal Team
Even if you followed all of the proper steps, your company’s insurance provider might not have your best interest in mind. Call Polsky, Shouldice & Rosen, P.C. today at (516) 594-0909 for a free consultation with a Hauppauge, New York Workers Comp Lawyer.
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