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Workers’ Compensation: What It Is and Do You Need a New York Work Related Injury LawyerNew York Work Related Injury Lawyer

Being injured on the job may mean you need a New York work related injury lawyer from Polsky, Shouldice & Rosen, P.C. When people think about workers’ compensation, they generally think of jobs that are considered more dangerous than others: police officers, construction workers, firefighters, and truck drivers. Some of the most common workers’ compensation claims filed are for overexertion, slips and falls, being struck by an object  – which can happen to anyone in any job in any setting. It’s important to know what workers’ compensation is, when you may need it, and if and when you may need a New York work related injury lawyer.

Definition of Workers’ Compensation

In layman’s terms, workers’ compensation is for any injury that happens while you are at work or doing a work-related function such as operating heavy machinery or staring at a computer for long periods of time. It’s important that you can prove the injury was a result of something work-related and not merely an injury.

For example, if you had to run an errand for your office and you are in a car accident and injured on your way back to the office, any expenses incurred would be eligible for workers’ compensation. Now, if on that same trip you stopped by the grocery store to pick up something for dinner for your family and you are in an accident in the parking lot, those expenses would not be covered. The key difference is that in the first example, this accident may not have occurred if you had not been performing a task for your employer – you would have not been in that intersection if it wasn’t for your job.

Types of Injuries That Qualify for Workers’ Compensation

A work related injury lawyer in New York knows there are a wide variety of injuries that can be eligible to receive workers’ compensation benefits. A work related injury lawyer in New York can evaluate your situation, but the following are some common examples.

  • Slips and falls – If you slip and fall down the stairs in your office building, your expenses would be eligible.
  • Heavy machinery accidents – Many jobs require employees to operate heavy machinery which could be dangerous if not used properly. Even with extensive training, accidents happen and would qualify for workers’ compensation.
  • Overexertion – This type of injury can happen to anyone and can include repetitive motions in construction work or carpal tunnel or tendonitis as a result of an office job.
  • Traffic accidents – While most common in truck drivers, as mentioned in a previous example, traffic accidents can happen when running a business errand or traveling for work on a business trip.

Workers’ Compensation – When does it apply?

Workers’ compensation is one of the best benefits available to employees. Offering compensation to cover the cost of treatment for a worker who is injured while working, this safeguard allows people to work in jobs both high-risk and relatively low-risk with a sense of confidence. But this wonderful benefit is full of loopholes that you should know before you try to access it. There are rules about what constitutes an injury, where it happens and when that can seriously derail a workers’ comp claim. Familiarize yourself with what is not covered by workers’ compensation and be prepared should you have the misfortune of a workplace accident.

What is workers’ compensation?

As previously described, workers’ compensation is a state-regulated insurance program that offers benefits to employees who are injured or develop illnesses at work. The program allows workers to file a claim without showing the employer was at fault, making it easier to recover damages. Companies benefit because a person who files a workers’ compensation claim can’t also file a personal injury lawsuit. It allows for a generally neat, buttoned up situation when a workplace injury occurs – unless the injury falls under one of a handful of scenarios.

What if I’m injured while on a work break?

Injuries can and do happen during lunch breaks. If you stay on site for your break, say in a company cafeteria or break room, in many states workers’ compensation still applies. If you are injured off site, however, you typically aren’t eligible. An exception might be if you were off site doing something for the company, such as having a business lunch.

What if I’m injured at work but I’ve clocked out? 

It might seem that your injuries wouldn’t be covered when you’re off the clock, but that’s not always the case. If you are off the clock but you are at the workplace, most states will still allow workers’ compensation to apply. Such scenarios typically apply to workplace parking lots. Once you leave the property, however, the benefits end.

What if I’m injured on a trip?

Whether you’re on a trip or simply attending off site training, if you are performing activities that benefit your employer, you may be eligible for workers’ compensation. Such scenarios include:

  • Traveling between two work sites
  • Taking a work call in your car
  • Attending job-related training

If you believe you were unfairly denied workers’ compensation, don’t just get angry, get active.

When Should You Seek the Advice of a New York Work Related Injury Lawyer?

Most workers’ compensation claims are pretty simple and it’s obvious to all parties (including insurance companies) that this was a work-related injury or happened at the workplace. But for some cases, insurance companies can deny your claim. This can happen if you miss the deadline for filing your claim, have a preexisting condition, or the insurance company questions if this injury occurred at work.

If your workers’ compensation claim was denied by the insurance company, reach out to one a work related injury lawyer in New York from our firm. A good work related injury lawyer can help you launch your own investigation and get you the compensation you need. They will focus on the details and paperwork while you can focus on your recovery.

If you would like to speak with a New York work related injury lawyer, contact Polsky, Shouldice & Rosen, P.C. for a free and confidential case evaluation.

Qualities to Look for in a Workers Compensation Lawyer

If you were injured in a work related accident, it is in your best to hire a New York work related injury lawyer. A lawyer can protect your legal right and improve your chances of getting the compensation you deserve. However, with so many workers compensation lawyers out there, how do you choose the right one? Here are the qualities you should look for in your lawyer.

  • Experience: One of the most important things to look for in a workers compensation lawyer is experience. Obtaining workers compensation is a serious matter and you want someone who has handled many of these types of cases in the past. The more years of experience a work injury lawyer has, the more successful your outcome will be. Additionally, it’s best to work with a lawyer who is familiar with your types of injury and has handled similar cases. 
  • Compassion: Getting injured at work can be a very traumatic experience. That is why it is important to choose a New York work related injury lawyer who is compassionate about your situation. He or she should genuinely care about helping you and offer words of encouragement. If the lawyer you speak to seems aloof and does not show much compassion, it may be best to hire a different lawyer.
  • Communicative: It’s also important for a work injury lawyer to have solid communication skills. He or she should be able to answer your questions clearly and use terms that you understand. If you have a hard time understanding what a lawyer is trying to say, you should look into finding a different lawyer.
  • Assertive: A work injury lawyer has to spend ample time negotiating with insurance companies to get you a fair settlement. Because Insurance companies are in the business of making money, they may try to offer a lower settlement at first. That is why it is critical to choose a lawyer who is assertive and won’t give up without a fair fight.
  • Available: When you’re dealing with something as important as a workers compensation claim, you want your lawyer to be easy to reach, whether it’s through phone or email. He or she should return your phone calls within 24 hours. If your lawyer takes a while to get back to you, he or she may have too many cases and can’t give your case the attention it deserves.
  • Positive Attitude: It is in your best interest to work with a New York work related injury lawyer with a positive attitude. He or she should reassure you that he or she will do everything possible to achieve a positive outcome. However, that doesn’t mean your lawyer should guarantee anything and give you false hope.

If you would like to speak with a New York work related injury lawyer, contact Polsky, Shouldice & Rosen, P.C. for a free and confidential case evaluation.

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