New York Workers Comp Attorney
(When you are injured while working, you should speak with a New York workers’ comp attorney. Workers’ comp is in place to protect workers who are injured while doing their job. If anyone is injured as a result of working, they are entitled to benefits, but what exactly are these benefits? Does workers’ comp provide anything more than financial compensation? And what exactly does it compensate for? The following is a brief overview. For more details contact a New York workers comp attorney from Polsky, Shouldice & Rosen, P.C.
In a practical sense, workers’ comp only provides a single benefit, which is compensation. In a more technical sense, these compensation benefits are split into several different categories to cover the different things you can be compensated for. A New York workers’ comp attorney knows the goal of workers’ comp is to return you to the financial position you were in prior to the injury. This means that all costs that resulted from the injury should be fully compensated. Specifically, workers’ comp includes these benefits:
- Medical benefits – Naturally, the most common benefit provided by workers’ comp is medical. The most common expense related to an injury is a medical bill, after all. You should have no trouble at all getting your medical bills completely covered.
- Disability benefits – If your injury permanently disables you, then you are entitled to ongoing compensation. It is deeply unfortunate for an injury to never fully heal, but the length of your injury does not limit how long you can receive your benefits.
- Lost wages – If you miss work due to your injury, your missing paycheck is considered the same as injury-related costs. This means you are entitled to be compensated for it.
- Funeral costs – If a worker passes away due to a workplace injury, even that does not invalidate workers’ comp benefits. The family of the worker is entitled to have all costs associated with the funeral compensated.
As a New York workers’ comp attorney can explain, workers’ comp is a system that strives to protect workers as much as possible. However, the benefits are only financial in nature. Other damages, such as physical pain or emotional turmoil, are not considered when determining how much a worker is entitled to.
Additionally, the workers’ comp system is not perfect. Mistakes can happen, or even injustices. Sometimes employers do not want to be held responsible for the injuries that happen on their property. If for any reason, you are denied the workers’ comp benefits that you are entitled to, you have many legal options. You should immediately speak with a New York workers’ comp attorney to learn what you can do about your violated rights.
If you would like a New York workers’ comp attorney to review your case, the attorneys of Polsky, Shouldice & Rosen, P.C. have helped thousands of New Yorkers with their claims for 30 years. You deserve maximum compensation for a workplace injury. If we cannot negotiate a fair settlement, our attorneys have ample experience representing our clients in court.
An experienced workers’ comp attorney in New York may be able to negotiate a higher settlement than you could get without legal representation. If you’re faced with a permanent disability due to a workplace injury, you deserve maximum compensation. Before making an appointment with an attorney, you may wish to review the following information about permanent disability and workers’ compensation benefits.
Permanent Disability Awards
Eligibility for permanent disability awards is dependent on several factors:
- A physician must determine that you have attained “maximum medical improvement.” This means that you have recovered from your injury as much as possible, and any further medical treatment is unlikely to improve your condition.
- If you have completely recovered and can return to work full time and perform your job at the same level pre-injury, you will not qualify for permanent disability benefits. However, if you still experience pain or you are limited in your physical or mental abilities, you may be eligible for compensation. When working with a New York workers’ comp attorney, you will want to inform him or her of your medical condition.
- A New York workers comp attorney can make sure that the process is followed correctly, and that you receive the amount of compensation that you deserve.
Total Permanent Disability
This category is for the most severe workplace injuries.
- The injury must be severe enough that you cannot be reasonably expected to perform your job in any capacity.
- Examples of a total permanent disability include the loss of sight in both eyes, decapitation of both arms, or a respiratory illness that requires the use of a ventilator.
- Those who suffer a workplace injury that causes total permanent disability are entitled to receive weekly payments for a lifetime that are equivalent to the amount of money they received for temporary disability payments.
Partial Permanent Disability
A partial disability is any injury that is not 100% disabling. The amount of benefits from a partial permanent disability is dependent on the worker’s permanent disability rating.
- A qualified and approved physician must identify the physical or mental limitations that resulted from the workplace injury. A workers’ comp attorney New York provides may be able to recommend a suitable physician.
- Based on the medical report, a rating process converts the findings into a percentage. This is your permanent disability rating. It takes into account:
- Ability to currently earn wages
- Ability to earn wages into the future
Existing Condition: Do I still have a workers’ compensation claim?
Taking on a job that is physically demanding can be hard on anyone, but especially for those who have previous injuries that may be aggravated by job-related duties. If you have workers’ compensation benefits at your current job but are unsure whether you qualify for a claim on an existing injury, determine what type of pre-existing condition you had, determine if a specific workplace injury worsened that condition, or if repetitive work habits worsened the condition. Once you find out those things, you will be better able to speak with your workers’ comp attorney in New York about whether or not you have a claim.
What was the pre-existing condition?
Common injuries that are exacerbated by workplace conditions include shoulder, knee, or hip injuries. Arthritis may occur after years of repetitive use of muscles and joints, causing painful conditions that limit what work you are able to do. It is important to have proper documentation of all prior injuries sustained and how they can affect your job-related duties.
Did a specific workplace injury worsen your condition?
If you are able to point to one specific injury that caused the pre-existing condition to worsen, you are more likely to have a successful workers’ compensation claim than if you are reporting a condition that has worsened over a period of time. This is why it is important to immediately report and document any injuries that you sustain while on the job and seek prompt medical care.
Did repetitive work habits worsen the condition?
Repetitive daily tasks and habits that cause a pre-existing condition to worsen are often harder to receive workers’ compensation for. This is because it is difficult to pinpoint a specific incident that caused new trauma; it can be difficult to prove that everyday habits have exacerbated your pre-existing condition. Therefore, it is important to have baseline data such as what type of injury you had when beginning your job and the severity of it. This can help medically show that your condition has worsened; however, it can still be difficult to prove that a workplace habit was the sole contributing factor in the worsening of the injury.
If you have a pre-existing injury that you feel has been worsened by your current working conditions, you can always consult with a workers’ comp attorney New York workers trust to find out if you have a case to pursue. Do not hesitate to report your worsened injuries; doing so could help save your physical and emotional well-being.
Back Injuries and Workers’ Compensation
One of the most common types of job injuries that workers suffer is back injuries. It is one of the most common injuries cited in workers’ compensation claims. While there are supposed to be safety protocols and safety equipment available to workers, back injuries still occur.
Back injuries are also one of the most common types of work injuries that the employer and/or insurance company will dispute. This is why any worker who has suffered an injury to their back should contact a New York workers comp attorney right away to make sure that their rights and interests are protected. The attorneys at our firm have handled countless numbers of back injury cases and will work hard to make sure that you get the benefits you are entitled to under the law.
Each New York workers comp attorney at our firm knows that even though state and federal laws require employers to provide employees with safety training, many companies do not even provide workers with even the basic instructions on safety that will protect their backs from injuries. Either the company assumes that workers must already know the information, they aren’t concerned for worker safety, or the training they do provide fails to meet requirements.
Without the proper training, a worker who has to lift and move heavy items can end up with a serious back injury if they do it incorrectly. Sitting at a desk all day can also cause injury to the back if the chairs that are provided for workers and their workstations are not ergonomically correct.
There is also the issue where companies may train employees, but after a long period of time, the workers may not be as focused on the instructions they received. This is why employers should also provide refresher safety training to make sure that worker safety is on everyone’s mind.
Another common cause for back injuries is that the employer creates a high-demand schedule for employees, yet these demands and deadlines are expected to be met without additional employees. Longer hours, increased production, and just an overall stressful work environment are a recipe for back injury disaster. In the rush to meet these deadlines, workers are often pressured to overlook their own safety, or they risk losing their jobs. This is a bad and dangerous situation for everyone involved.
If you have suffered a back injury at work, you could be facing long-term or even permanent issues, chronic back pain, and even the possibility of no longer being able to do the work you normally do. A New York workers comp attorney can make sure that you receive the benefits you are entitled to if your back injury is work-related.
If you do not have a New York workers’ comp attorney, the Workers’ Compensation Board will determine the rating process on your behalf. If your attorney at Polsky, Shouldice & Rosen, P.C. believes the rating determination is unfair, he or she may challenge it. This is important because the rating affects the amount of your benefits.
“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.”