Schedule a free consultation with a Huntington workers' compensation lawyer trusted by clients since 1987.
If you've been hurt at work in Huntington, you have rights under New York's workers' compensation system, but managing the claims process without help can be frustrating. Carriers contest medical evidence, hearings get postponed, and benefits arrive late or get cut off entirely.
At Polsky, Shouldice & Rosen, P.C., we focus exclusively on workers' compensation and have represented injured Huntington workers for over 30 years. Many people don't realize how much an attorney can shape the outcome of a claim until well into the process. Contact our office for a free consultation with our Huntington, NY workers compensation lawyer.
Workers Compensation Lawyer Huntington, NY
Who is covered by New York workers' compensation?
New York workers' compensation covers nearly all employees hurt during the course of their employment. The system is no-fault, so the injured worker doesn't need to prove the employer did anything wrong to receive benefits. Eligible workers include those in private industry, the public sector, healthcare, construction trades, and many independent contractors who meet specific tests.
Coverage extends to traumatic accidents and to conditions that develop over years of cumulative work activity. Workers in Huntington get hurt on construction sites, in warehouses, in healthcare facilities, and in many other settings every day. We handle Huntington construction injury cases as well as workers' compensation matters across every industry.
Types of Workers' Compensation Cases We Handle in Huntington
Workers' compensation covers a wide range of injury types and claim situations. Our firm handles every stage of the workers' compensation process, from filing an initial claim to representing clients at appeals before the Workers' Compensation Board. The service areas below come up most often in our Huntington practice.
- New claim filings. We help injured workers prepare and file initial workers' compensation claims with the Board, including completing required forms and gathering medical records that support the claim.
- Denied or controverted claims. When carriers dispute coverage, deny medical treatment, or refuse to pay benefits, we develop the evidence and arguments needed to challenge those decisions at hearings.
- Hearings before Workers' Compensation Law Judges. Most disputed claims proceed through one or more hearings. We prepare clients to testify and present medical evidence in those proceedings.
- Appeals to the Workers' Compensation Board. When a Law Judge issues an unfavorable decision, we file appeals to the Board panel and continue pursuing benefits at higher levels of review.
- Permanent disability claims. We pursue compensation for clients with permanent partial or permanent total disability, including schedule loss of use awards and classification claims.
- Independent medical examination disputes. Carriers often rely on Independent Medical Examination reports to terminate or reduce benefits. We challenge those opinions using physician evidence.
- Settlement negotiations. Some cases resolve through lump-sum settlements that close out future benefits, and we evaluate the value of those agreements before clients sign anything.
- Occupational disease claims. Long-term exposure to harmful conditions can cause illnesses that develop over years. These cases require careful medical proof of the connection between the disease and the work history.
- Repetitive stress injury claims. Conditions like carpal tunnel syndrome, rotator cuff tears, and chronic back injuries develop from cumulative work activity. We handle the medical and legal documentation needed to establish these claims.
- Death benefit claims. We represent surviving spouses, children, and other dependents pursuing death benefits after work-related fatalities.
Why Choose Polsky, Shouldice & Rosen, P.C. for Workers' Compensation in Huntington, NY?
For more than three decades, our firm has practiced workers' compensation exclusively. That focus changes how we handle every claim that comes through our doors.
A Firm Founded on Workers' Compensation
Each partner has built his career representing injured workers in New York. Mark Polsky earned his J.D. from Hofstra Law School in 1986 and has practiced since 1987. He serves as President of the Nassau County Bar Association Workers' Compensation Committee and is a member of the Injured Workers' Bar Association. Adam Rosen is admitted to practice in both New York and Maryland and chairs the Nassau County Bar Association Workers' Compensation Committee. He is also a member of the Injured Workers' Bar Association. Donald Shouldice joined the New York bar in 1992 after earning his J.D. from the University of Miami in 1991. He sits on the Board of Directors of the Workers' Compensation Alliance and works regularly with state legislators on policy issues affecting injured workers.
Skilled at Working Within the Workers' Compensation Board
Most workers' compensation cases involve hearings, medical depositions, and disputes that play out before the Workers' Compensation Board. Our firm has handled thousands of these proceedings over the past three decades. Each case is different, but the basic processes for hearings and appeals stay consistent across the state. We're also familiar with why claims get denied and how to push back effectively when benefits are wrongly cut off.
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 the employer did anything wrong to qualify for benefits. The available benefits fall into several categories tied to the nature of the injury and its impact on the worker.
- 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 affecting the back, head, neck, and systemic body functions.
- Death benefits go to surviving spouses, dependent children, and certain other dependents.
- Vocational rehabilitation services may be available for workers who cannot return to their prior occupation.
A worker may also have a third-party negligence claim against someone other than the employer in certain situations, such as when a defective product or unsafe property contributed to the injury. These claims can recover pain and suffering damages that workers' compensation alone does not cover.
What Are Important Aspects of a Workers' Compensation Case?
Most workers' compensation cases turn on the same set of factors: prompt reporting, consistent medical care, and a clean documentary record.
- Tell your supervisor about the injury as soon as it happens.
- Get medical care from a provider authorized by the New York Workers' Compensation Board.
- Save copies of every medical record, prescription, and pay stub related to the injury.
- Track each missed day of work in a personal log.
- Decline to give recorded statements to the carrier before speaking with an attorney.
- Talk to an attorney before signing settlement documents or releases from the carrier to maximize benefits.
What Is the Workers' Compensation Case Timeline?
Every case moves at its own pace, but the claim process generally includes the following stages:
- The injured worker reports the injury to the employer and receives medical care.
- The C-3 claim form is filed with the Workers' Compensation Board within the statutory deadline.
- The carrier accepts the claim or files paperwork contesting it.
- Both sides exchange medical evidence and may take depositions of treating physicians.
- A Workers' Compensation Law Judge holds hearings to address benefits, treatment, and any permanent impairment.
Many cases resolve within a year. Cases involving disputed injuries, surgery, permanent disability, or appeals can extend the process. Some matters end through lump-sum settlements that close out future benefits in exchange for an upfront payment.
What Should You Bring to Your Workers' Compensation Consultation?
The first consultation goes faster when you bring documents that describe the on the job injury and the treatment that followed. The items below help us evaluate your situation efficiently.
- Bring any written incident report or notice you submitted to your employer.
- Gather hospital records, treatment notes, and prescriptions related to the injury.
- Collect pay stubs from the weeks before the injury along with any disability paperwork.
- Include letters and emails from the insurance carrier or its representatives.
The consultation is a chance for both sides to evaluate the situation. You get answers about how your claim fits into the workers' compensation framework, and we get the information we need to decide whether to represent you. Nothing about the meeting commits you to anything.
What Are Important New York Legal Resources for Workers' Compensation Cases?
Several New York agencies and statutes shape how workers' compensation claims proceed. The resources below provide a starting point for understanding the framework that applies to your case.
- The Workers' Compensation Board administers claims throughout the state and publishes forms, regulations, and benefit information.
- Under Workers' Compensation Law §28, the statute of limitations for filing a claim is generally two years from the date of accident, with separate rules for occupational disease cases.
- 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. The application of any specific rule depends on the facts of your individual case.
Reach Out to Polsky, Shouldice & Rosen, P.C. to Schedule a Consultation
If you were hurt on the job in Huntington or anywhere across Long Island, talking 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 set up a time to discuss your case with one of our attorneys.
