New York on the Job Injury Lawyer

New York on the Job Injury Lawyer

Our on the job injury lawyer at Polsky, Shouldice & Rosen, P.C. represents workers in the New York area who were hurt in workplace accidents. Though workplace accidents occur daily in this state, many injured workers do not realize how vulnerable they are to being taken advantage of by their employer or the workers compensation insurance carrier when it comes to receiving benefits. Serious accidents usually result in costly medical care, time off from work, and other damages. Though you may be covered by workers compensation insurance, and they are responsible for covering your damages, they may be more focused on preserving their profits. As a result, the injured worker may lose out on benefits they are entitled to receive. A seasoned on the job injury lawyer from Polsky, Shouldice & Rosen, P.C. can protect your rights and ensure you receive the maximum amount of benefits for which you qualify. Call us today to discuss your case with our on the job injury lawyer.

Workers Compensation Benefits

You may already know that as an employee of a company, you are likely covered by workers compensation insurance should you get injured while working. There are few exceptions to this general rule and are mostly limited to companies of only a few employees. In addition, not all injury accidents are covered by workers compensation such as when the injured worker was intoxicated and caused the accident. Upon reviewing your case, our on the job injury lawyer in New York can determine if you are eligible for workers compensation benefits.

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.

Notifying Your Employer is Crucial

It is a state law for employers to have workers compensation insurance. If they do not have the right coverage, the state can order the company to cease all work until they get it. Furthermore, the company may be fined every single day they do not have the coverage. It is also possible for the company to be charged with a crime, and the owner may face additional fines or penalties.

Following a work injury, you should let your employer know that you were injured. This should be done as quickly as possible. Your employer should provide you with the details of their coverage, which is often included in a Notice to Employees form. It is very important that you take this step sooner rather than later. Any delay in notifying your employer about the injury could significantly affect your ability to recover maximum benefits. Should you be unable to notify your employer; for example, because you are in the hospital, you can ask a NY on the job injury attorney to help you.

Workers Compensation in NY

All states have their own rules about workers compensation benefits, and how the claims are handled. In general, if you’ve been injured and are unable to earn your wages for a period of time, usually 3-5 days, a claim can be filed. Typically you will have between 7 and 30 days to file the claim; however, the sooner you do so, the more likely it will be taken seriously.

The insurance company will have a brief period of time, usually 15 days, to either begin paying you benefits or denying your claim. In the event your claim is denied, you will have the right to appeal it. Unfortunately, as a NY on the job injury attorney, we estimate that nearly 50-60% of all claims are denied the first time. This is especially true when the applicant is proceeding with a claim on their own. Insurance companies can deny your claim for a number of reasons, such as:

• Failure to get medical attention
• Failure to tell your doctor that you were injured at work
• Failure to notify your employer within the right time
• Failure to include certain details
• Discrepancies in your statement about what happened

Apart from having a claim denied, the insurance company can also reduce your payments. A denial or reduction of payments can be devastating. By having an experienced NY on the job injury attorney to help you with the entire process, it is possible to minimize these risks.

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.

How Our New York on the Job Injury Lawyer Can Make a Difference

Though you can certainly file for workers compensation benefits on your own, should your claim be of significant value, you may greatly benefit from the legal guidance of an on the job injury lawyer in New York from our firm. This is because the more money the insurance carrier is likely to have to pay out, the harder they will try to lessen that amount so as to protect their profit margin. They may even deny your claim despite its validity. Here are some of the many ways in which they will try to cheat an injured worker out of the benefits to which they are entitled:

• Your claim may be denied. The reason given may be an accusation that your injury is pre-existing and was not as a result of an on the job injury. Or, they may deny it on the basis that you are not actually injured. Our on the job injury lawyer in New York can present proof and documentation of your injury, and demand a fair settlement on your behalf.
• Your settlement may be indefinitely delayed. In the worst case scenarios, a workers compensation carrier may delay in the hopes that the injured worker simply gives up or passes away as a result of their injury. Our on the job injury lawyer in New York will aggressively pursue a settlement in a timely manner. Should the carrier continue to delay, Polsky, Shouldice & Rosen, P.C. can file a lawsuit against them on your behalf.

Discuss your case with our on the job injury lawyer in New York during a free consultation—call us today.

Client Review

“I used Mark Polsky and his team to help with my worker’s comp case. He and his team are professional and were always looking out for my best interests. They were always available to answer any questions I had, and checked in on me frequently to see how I was feeling, and provided me with updates on my case. I highly recommend them.”
Howard K.