Choose A Leading New York Work Injury Attorney
Each work injury attorney at take the rights of New York workers seriously and work zealously to recover maximum benefits after being injured on the job.
For decades we have been aggressively fighting back when insurance companies are denying workers of their rightful accident benefits. Regardless of what happened, if you have been injured on the job, you should call a work injury attorney to ensure you get the benefits you are rightfully entitled to.
How Workers Compensation Helps in Work-Related Injuries
If you have been injured while working and your injuries were the result of negligence on the part of your employer, a co-worker, or another related party, you may be entitled to workers compensation under state law. Although every state has its own laws, you generally will be able to recover three main benefits:
Lost Time – You may receive a portion of your weekly wage or salary as long as a licensed medical doctor deems you as temporarily or permanently disabled.
Medical Costs – In general your employer will be responsible for covering your medical care related to the injury.
Lump Sum Payment – If you are permanently disabled, you may recover a lump sum payment.
Regardless of who is responsible for causing your injury, yourself included, these benefits are statutory and apply to any situation. That being said, although they appear relatively simple, there is ample room for interpretation. This can lead to your employer or their insurance company to delay or deny your claim. This is why you should always consult a work injury attorney.
New York Work Injury Infographic
Statute of Limitations to File a New York Workers Compensation Claim
By law, you must file a workers compensation claim within a period of time. Failing to do so can bar you from recovering monetary compensation. The statute of limitation varies by state and includes exceptions. It will be a good idea to confirm them with a work injury attorney to learn what deadlines apply to your own situation.
The Importance of Retaining a New York Work Injury Attorney
You can technically file a workers compensation claim on your own. In fact, if employers had it their way, this would be the only available option. Unless your claim is very simple and to the point, you should consider having a work injury attorney help you with the process. As easy as it is meant to be, this process is rife with deadlines and formalities. Any error made could result in a delay or a denial in which case you will need to file an appeal. This will only slow down the process and keep you from getting the money you need to cover your medical and living expenses while you are not working.
Our work injury attorney handles workers compensation claims on a contingency fee basis, which means you will not have to pay us anything up front. Only if we win your case will a percentage be deducted from the amount. Rest assured, we seek maximum compensation which is typically much more than what you would get without a lawyer.
Work Injury Attorneys
If you’ve been hurt at work, you may want to consult a New York work injury attorney. You may be entitled to compensation for your medical bills, lost wages, emotional distress and other damages. A lawyer from Polsky, Shouldice & Rosen, P.C. can help you bring a workers’ compensation claim.
Here are some important things to know about work injury attorneys.
- A work injury attorney is a type of lawyer who specializes in helping employees who have been hurt on the job receive fair compensation.
- A work injury attorney is there to help injured workers understand their legal rights and guide them through the complex process of filing a workers’ compensation claim.
- Work injuries can be quite severe and result in expensive medical bills, lost wages, and pain and suffering. A work injury attorney can help injured workers obtain the compensation they deserve for their injuries.
- It is crucial to choose the right lawyer to handle your workers’ compensation case. A good attorney will have experience dealing with similar cases and a track record of success in representing injured workers.
- When searching for an attorney, select one who offers free initial consultations. Then, you can discuss your case in detail without any risks.
- Many work injury attorneys may work on a contingency fee basis, so they only get paid if the injured worker receives compensation for their injuries.
- A New York work injury attorney can help injured workers understand the different benefits they are entitled to, including medical benefits, lost wages, and disability benefits.
- Besides helping injured workers file claims for workers’ compensation benefits or pursue personal injury lawsuits, a work injury attorney can also negotiate with insurance companies. If your first claim gets denied, your attorney can help you appeal it.
- A work injury attorney can also guide and support you throughout the entire legal process. They can help you make good decisions and make sure that their rights are protected.
- It is important for injured workers to file their workers’ compensation claim in a timely manner. There are strict time limits for filing workers’ compensation claims and personal injury lawsuits, and waiting too long can be detrimental to your case.
- In addition to representing injured workers, a work injury attorney may also work with labor unions or other advocacy organizations to improve workplace safety and prevent future work injuries.
- A work injury attorney can also provide guidance and support to employers, helping them understand their legal obligations to provide a safe workplace and prevent work injuries.
If you have been hurt while working, it is essential to have a New York work injury attorney on your side. An attorney from Polsky, Shouldice & Rosen, P.C. can provide legal guidance and support throughout the legal process. Your attorney can inform you of your rights, guide you through the complex legal system, and improve your chances of receiving fair compensation for your injuries. With a skilled lawyer on your side, you can have peace of mind.
New York Work Injury Frequently Asked Questions
What are work injury damages, and who is eligible to claim them?
Work injury damages refer to compensation awarded to individuals who have suffered a significant work-related injury or illness due to the negligence of their employer. Eligibility for such claims varies by jurisdiction, but generally, an injured worker must establish that their employer was at fault or breached their duty of care. A worker must show that the injury or illness they sustained caused them to be temporarily or permanently incapacitated and unable to work. The injury must result in a significant degree of permanent impairment or incapacity that affects the worker’s earning capacity. In some jurisdictions, there may also be specific requirements regarding the duration of employment or the classification of the worker (e.g., employee vs. independent contractor) for eligibility.
How is the amount of work injury damages determined?
The amount of work injury damages is determined based on various factors, including the severity of the injury, the impact on the worker’s earning capacity, and the extent of the employer’s negligence. Victims can expect to recover both economic and non-economic damages if they are eligible. Economic damages cover financial losses such as medical expenses, lost wages, and future income loss. Non-economic damages compensate for pain and suffering, loss of enjoyment of life, and emotional distress. Courts or relevant authorities assess these factors on a case-by-case basis to arrive at a fair and reasonable amount of compensation.
Can work injury damages be claimed for pre-existing conditions or aggravation of existing injuries?
Yes, in some cases, work injury damages can be claimed for pre-existing conditions or the aggravation of existing injuries. If a work-related incident worsens a pre-existing condition or injury, the injured worker may be entitled to compensation for the additional harm caused. However, it can be challenging to establish the extent of aggravation and determine the proportionate compensation for the exacerbation of a pre-existing condition. Medical evidence and expert opinions often play a crucial role in assessing the impact of the work-related incident on the existing injury or condition. A New York work injury attorney like one from Polsky, Shouldice & Rosen, P.C with knowledge about personal injury law can help you understand and navigate the complexities regarding cases involving pre-existing conditions.
Are there any time limitations for filing work injury damages claims?
Claimants should know that there is limited time to fie a claim. These limitations vary depending on the jurisdiction and may be subject to specific exceptions or extensions. It is crucial to consult with an experienced personal injury lawyer to understand the relevant timeframes for your jurisdiction and ensure that you file the claim within the prescribed period. Failing to meet the deadline could result in the loss of your right to seek compensation for your work-related injury or illness.
Can work injury damages be negotiated through settlement, or is litigation necessary?
Work injury damages can often be negotiated through a settlement agreement without the need for litigation. Parties involved, such as the injured worker, their legal representative, and the employer or their insurance company, may engage in negotiations to reach a mutually acceptable resolution. Settlements can save time, costs, and emotional stress associated with a trial. However, if a fair settlement cannot be reached, litigation may be necessary. If you need legal assistance after suffering a work-related injury, contact a qualified attorney to receive more information about your case while there is still time.
For a free and confidential consultation with a New York work injury attorney, please call Polsky, Shouldice & Rosen, P.C.
Understanding Common Workplace Incidents
In the modern workplace, ensuring the safety of employees is a paramount concern for organizations across various industries. However, despite stringent safety protocols, accidents can still occur. It is crucial for employees to understand the common types of incidents that can happen in the workplace and the steps they can take should they ever find themselves in such unfortunate situations. A good New York Work Injury Attorney can assist. Polsky, Shouldice & Rosen, P.C. would be happy to set up a consultation.
Slips, Trips, And Falls
One of the most frequent causes of workplace accidents is related to slips, trips, and falls. These can occur due to wet floors, uneven surfaces, poorly lit areas, or obstacles left in walkways. The resulting injuries can range from minor bruises and sprains to more serious fractures or head injuries. Employers are encouraged to maintain clear pathways, ensure proper lighting, and promptly address any hazards that could lead to such incidents.
Machinery-Related Hazards
In environments where heavy machinery is used, such as manufacturing plants or construction sites, the risk of getting caught in or struck by equipment is significantly heightened. These accidents can lead to severe outcomes, including amputations, burns, or even fatalities. Regular maintenance of machinery, proper training for all operators, and the use of appropriate safety gear are essential measures to prevent these types of incidents.
Repetitive Strain Injuries
Employees who perform repetitive tasks or maintain awkward positions for prolonged periods are at risk of developing repetitive strain injuries (RSIs). Commonly affected areas include the wrists, elbows, neck, and back. Symptoms may include pain, stiffness, swelling, or numbness. Employers can help prevent RSIs by providing ergonomic workstations, encouraging regular breaks, and promoting a rotation of tasks among staff.
Exposure To Hazardous Substances
Certain workplaces may expose employees to hazardous chemicals or materials, such as asbestos, cleaning products, or pesticides. Inhalation or direct contact with these substances can lead to various health issues, including respiratory problems, skin irritation, and other serious conditions. Ensuring that all hazardous materials are properly labeled and stored and that employees are equipped with necessary protective equipment is vital.
Transportation And Vehicle Accidents
For jobs that involve driving or operating vehicles, whether it’s trucks, forklifts, or company cars, accidents can occur, leading to injuries. These incidents can be a result of poor vehicle maintenance, unsafe driving practices, or adverse weather conditions. Regular checks and servicing of vehicles, along with comprehensive driver training programs, can help in minimizing these risks.
Stress And Mental Health Concerns
Work-related stress is another significant issue that can affect an employee’s mental and physical health. Factors contributing to stress may include heavy workloads, long hours, conflicts with co-workers or managers, or job insecurity. Employers should strive to create a supportive work environment that includes access to mental health resources, open communication policies, and a positive work culture. New York work injury lawyers can investigate this for you.
Contact A Specialist For Help
If you find yourself the victim of a workplace incident, it’s important to know that you don’t have to navigate the aftermath alone. Consulting with a New York work injury lawyer who understands the intricacies of workplace injuries can provide you with the guidance and support needed to ensure your rights are protected and you receive the compensation you deserve.
For further advice or to discuss a specific incident, do not hesitate to reach out to our team. We are here to help you through every step of the process, ensuring that you can focus on your recovery with the peace of mind that your case is in good hands.
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.
