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New York on the Job Injury Attorney
New York On The Job Injury Attorney

There are any number of reasons why New York workers sometimes feel helpless when it comes to unsafe or otherwise unsuitable working conditions. They may fear that if they speak up, they will lose their jobs or their ability to advance within their professions. They may be immigrants concerned about the ramifications of speaking with legal authorities. They may fear harassment or retaliation in any number of forms. However, it is important to understand that workers are not helpless when it comes to unsafe working conditions. They have rights. The extent of those rights may vary depending on a number of factors. But every single American worker has certain basic rights that are enforceable with the assistance of an attorney.

The experienced lawyers at Polsky, Shouldice & Rosen, P.C. would be happy to speak with you about your situation specifically. Once we learn the details of your work-related circumstances, we can advise you in regards to any legal options that may be available to you. If you choose to pursue action of any kind, from anonymously requesting that the Occupational Safety and Health Administration inspect your workplace to filing a lawsuit, we can provide you with necessary support and guidance. You do not need to navigate your workplace safety issues alone. A New York on the job injury attorney can help.

Worker Safety Rights – The Basics

In general, workers are entitled to workplaces that are safe and are entitled to report violations of safety standards without fear of retaliation. However, there are some exceptions that apply to these general rules, which is why it is a good idea to speak with a New York on the job injury attorney before committing to a plan of action. A lawyer who focuses on this area of federal and state regulations will be able to tell you if you are legally protected from retaliation in the event that you speak up about your workplace safety challenges. In addition, a New York on the job injury attorney can help you to file workers’ compensation claims and/or personal injury lawsuits if you have already been harmed by your unsafe workspace.

If your employer has not provided adequate training, provided necessary safety gear, properly maintained machinery, secured toxic chemicals or has otherwise failed to provide you with a safe work environment, you almost certainly have at least some legal options available to you. At an absolute minimum, you should be able to work with a New York on the job injury attorney in order to file an anonymous federal complaint free of fear related to a risk of retaliation.

Workers’ Compensation Assistance Is Available

If you have been injured while on the job and/or are concerned about inadequate safety conditions at your workplace, please do not hesitate to contact a New York on the job injury attorney today. Speaking with an attorney does not commit you to taking any specific course of action. Scheduling a consultation will simply allow you to make an informed decision about your circumstances. We look forward to speaking with you.

How do I file for workers’ compensation benefits?

Were you injured while on the job? If your injury is serious and may require surgery or prevent you from returning to your job for a lengthy amount of time, you may benefit from speaking with a New York on the job injury attorney. In most cases, workers compensation benefits are sufficient when an employee sustains a minor injury, but in other instances, it is not enough coverage for the worker’s damages. 

In addition, if the program’s requirements are not met, including the deadline for filing, benefits may be denied to the worker. Before accepting a settlement offer, talk to our New York on the job injury attorney at Polsky, Shouldice & Rosen, P.C. or over the phone. The first consultation is free and can provide you with the information you need in order to make an informed decision about how to protect yourself.

Who provides the employee with the workers’ compensation benefits?

Every employer in the state ofNew York must provide workers compensation to their employees if they have a certain number of employees on staff. The benefits program is overseen by the state but the insurance itself is provided by a privately owned insurance carrier. The employer pays the monthly insurance premiums on behalf of their employees.

What is the process for filing a workers’ compensation benefits claim?

If you have never been injured on the job, you may not be clear about the process for filing a workers’ compensation benefits claim. This is understandable. Below is a general outline of how to file for benefits, though there are exceptions to the rule and which can be explained by our workers compensation lawyer during your initial consultation should they apply to your case.

  1. Immediately after sustaining the injury, seek medical treatment. Keep copies of receipts from the treatment, and obtain a copy of your medical records should the injury be serious.
  2. Report the injury to your employer, in writing when possible, and verbally without delay. Make a note to yourself of the date, time, and method you used to inform them. This is important in case your employer later denies that they were notified. If they are not notified within a certain period of time, they can deny your benefits.
  3. If you sustained an injury that may require surgery or a lengthy time off from work, contact our workers compensation lawyer. It is possible that full treatment of your injury will be more costly than what your benefits plan will cover.
  4. Do not accept a workers compensation benefits package before consulting a lawyer if your injury is serious, possibly permanent, will require long term treatment, or it is your loved one who was fatally injured while on the job.
  5. If you were injured by a third-party (a contractor, for example), though you were working at the time, you may not qualify for workers’ compensation benefits. Talk to a New York on the job injury attorney from Polsky, Shouldice & Rosen, P.C. to learn what options are available to you for recovering your injury damages.

To discuss your case with a skilled New York on the job injury attorney at no charge, call us today.