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
Answers to Common Questions About Workers Comp
If you’ve been injured at work, talk to a New York workers comp attorney at Polsky, Shouldice & Rosen, P.C. Our attorneys have helped thousands of honest workers receive the compensation they deserve.
A workers comp attorney in New York from our law firm can help you with your workers comp claim or file a lawsuit. Don’t allow your employer or their insurance carrier take advantage of you. Call us at Polsky, Shouldice & Rosen, P.C. for a free case review with a New York workers comp attorney. In advance of your first meeting, here are answers to many common questions that may be helpful to you.
What is workers compensation?
It’s a form of insurance that provides wages and medical benefits to those injured on the job. They are meant to take the place of your regular wages and benefits when you’re normally working.
Should I file a workers comp claim?
If you were injured while on the job you likely need medical attention. In more severe cases, injured workers require hospitalization and follow up treatment. If you don’t file a workers comp claim, you may have to pay for those costs out of your own pocket. Save your accident-related receipts for any care you receive, especially medical costs. A New York workers comp attorney from Polsky, Shouldice & Rosen, P.C. may be able to determine how much compensation you qualify for, including costs that you may not yet have incurred.
Do I have to undergo a medical exam if my employer or their insurance company says it’s necessary?
Yes. They have the right to have their designated physician perform an exam on any employee who files a workers comp claim or lawsuit. This is another reason to hire an attorney because their physician may not be objective in their assessment. As we do at Polsky, Shouldice & Rosen, P.C., a New York workers comp attorney should have their own doctor who can perform an exam to counter the results of the original assessment if it’s inaccurate or unfair.
What are the steps to filing a workers comp claim in New York?
If you have suffered a workplace injury, the first step is to let your employer know as soon as possible. Though you have up to 30 days, it’s better to do it immediately. Then,
- Seek medical attention as soon as possible. Check with your employer first to see if the healthcare practitioner must be authorized to treat workers comp patients.
- Keep copies of all medical documentation and receipts.
- Contact a workers comp attorney at Polsky, Shouldice & Rosen, P.C.
Polsky, Shouldice & Rosen, P.C.
After a workplace injury, many employees are uncomfortable filing a workers comp claim for fear of retribution from their employer. The attorneys of Polsky, Shouldice & Rosen, P.C. are dedicated to protecting the rights of injured workers. We fight hard to make sure you receive the maximum compensation owed to you by law. Call us today to speak with an experienced New York workers comp attorney who can help you.
How do I know if I am eligible for Workers’ Compensation?
You may want to speak with a workers comp attorney NY relies upon if you have been injured at work or while working. You may be eligible for workers’ compensation under the following conditions:
· You were injured in a workplace accident; or
· You were injured while participating in appointed duties.
If you were hurt during the course of your work, in all likelihood you should file a worker’s compensation claim. If you were at lunch during your accident, or driving in the course of work, you may still be eligible for workers’ compensation.
If there was drug or alcohol use, or you were involved in a crime situation or behaving in an unruly and disruptive fashion, you may not be eligible for workers’ compensation. However, if, even through your own fault, you were injured in the course of work, you should file for workers’ compensation. An educated and experienced NY workers comp attorney can talk with you about your individual situation.
What Is Workers’ Compensation?
Employers are required by states to have workers’ compensation. It functions so that an employee can file a claim with the employer’s insurance if they are injured instead of filing a lawsuit against the employer. Workers’ compensation is paid for by the employer and a no-fault insurance, meaning, it does not matter if you or the employer is at fault for the accident or injury. If you were hurt, you can file a claim.
In certain circumstances, you may also have a personal lawsuit against your employer that could work in tandem with your worker’s comp case. Your workers comp attorney NY depends upon can help you determine whether you have a third-party lawsuit against your employer or another individual or entity.
Can I Lose My Job by Filing a Workers’ Comp Claim?
It is against the law to terminate an employee who has filed a workers compensation claim for doing so. Many victims do not file worker’s comp claims for fear of employer retaliation. However, if there is such retaliation, you may be eligible for significant damages, both for your injuries and from the injustice of your termination. Speak with a workers comp attorney in NY immediately if you have experienced wrongful termination after reporting a work injury.
I Was Hurt by Equipment at Work. Should I File a Suit against the Equipment Carrier or the Product Company?
If you were injured while at work by equipment, depending on the specifics of the accident or injury, it is possible that your workers comp attorney NY believes in may also file a lawsuit against the makers of industrial equipment. If there was a known malfunction or a willful wrongdoing on the part of the company it may be your right to file. For example, if they were knowingly allowing defective parts to market.
Am I Eligible for Workers’ Compensation if I Am an Independent Contractor?
The short answer to this question is no, probably not. However, many employers try and hire independent contractors yet use them as employees and the IRS is not okay with this. If you can answer yes to any of the following questions, you may want to speak with a workers comp attorney NY trusts to find out if you are eligible for workers’ compensation:
· Did the company require certain hours for you to work?
· Do you use predominantly company equipment such as industrial equipment and technology?
· Does the company pay for your travel and business expenses?
· Is the company the only place you work?
· Do you use the company’s administrative staff?
· Are you paid a salary?
What Are the Financial Benefits I Will Receive While on Workers’ Compensation?
Although a typical benefit while on workers’ comp is 66 percent of salary, there are many variations, and additional costs that will be covered. Benefits are determined by the extent of your injuries, for example, you may be fully or partially disabled, or you may be able to work through your injury, in such an instance of carpal tunnel and occupational diseases. Alternatively, a victim can die from injury, their family left to file for funeral expenses.
It is very difficult to know what the outcome may be before speaking with a workers comp attorney NY offers to support the victims of workplace injury and accident, call Polsky, Shouldice & Rosen today at (516) 594-0909 for your free case consultation.
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.
What Type of Injuries Qualify for Workers Compensation Benefits?
Some people think that certain injuries aren’t serious enough for workers’ compensation. The truth is that you shouldn’t have to endure pain and potentially harm yourself further when you’ve been injured on the job. At Polsky, Shouldice, & Rosen, PC, we can help you obtain the workers’ compensation you need after workplace injuries. What are the most common job injuries in New York?
Pulled or Strained Muscles
Many workers experience muscle problems such as sprains and strains. This can happen when warehouse workers are required to lift heavy packages or other items in uncomfortable positions.
If this happens to you, you don’t have to force yourself to keep working despite the pain. A New York workers comp attorney can help you file a claim for benefits such as compensation for medical treatment and paid time off work.
Knee and Shoulder Injuries
Sometimes, muscle injuries result in tears. These conditions are very painful and require a visit to the hospital for treatment right away. Transportation workers often deal with this type of painful condition, especially if they’re required to help offload shipments.
Remember that no industry is exempt from workers’ compensation. If you’ve been injured while driving for a delivery or transportation company, your New York workers comp attorney can help you file a claim.
Back Injuries and Pain
Having a back injury can make working nearly impossible because of the pain. Sometimes, this kind of injury is caused by muscle sprains, and other times it’s the result of compression injuries or herniated discs.
You should never feel pressured by your employer to avoid going to the hospital. You have a right to take care of your health, and your employer must respect that right. At Polsky, Shouldice, & Rosen, PC, we tell you about all of your rights to compensation following a workplace injury.
Cuts and Puncture Wounds
In factories and at construction worksites, many sharp objects can cause severe cuts. These injuries, if left untreated, can hurt your ability to work in the future. You need medical treatment right away. Speak to a New York workers comp attorney to file a claim for compensation to cover the costs of treatment.
Repetitive Motion Injuries
If you work in an office building with a comfortable environment, you may feel relatively safe from injuries. Unfortunately, repetitive motion injuries such as carpal tunnel syndrome can produce chronic pain in your arms that makes it hard to concentrate. These injuries are also covered by workers’ compensation benefits.
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.
Tips for Returning to Work After an Injury
If you suffered an injury at work, you will naturally have to take some time off to recover. When your doctor gives you the go ahead to return to work, it is important to do so cautiously. You don’t want to risk reinjuring yourself again. Here are some tips for going back to work after an injury.
- Maintain your treatment. Even if you are permitted to return to work, you may still not be completely through with your recovery and should maintain treatment. Whether this includes medication or physical therapy, you should follow your doctor’s instructions. If you stop treatment early because you start to feel better, you could impede your recovery.
- Ask your employer for accommodations. When you first return to work following an injury, you may not be able to perform all of your duties without aggravating your injury. If this is the case, you should notify your employer about restrictions right away. Do not hesitate to ask for accommodations, such as shorter hours or lighter loads.
- Listen to your body. As you go back to work, the last thing you want to do is reinjure yourself. That is why it is crucial to listen to your body and take breaks when necessary. Although you may want to push yourself to complete your tasks, doing so can cause you to have a setback. Let your boss know that you have to take it easy.
- Don’t be afraid to ask for help. It is important to realize that your body may take a while to adjust to working again. This is not anything to feel ashamed of. You should not ever hesitate to ask for help from your coworkers and supervisors when you need it. They should be more than happy to lend a helping hand.
- Keep in touch with your attorney. Even after you return to work after suffering an injury, it is wise to stay in touch with your New York workers’ comp attorney. Update your attorney with how you are transitioning back to work. If you are having any issues, such as with your boss not providing you with necessary accommodations, it is important to let your attorney know right away. He or she will take the necessary actions to address the issue.
“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.”