New York Workers Compensation Lawyer
At Polsky, Shouldice & Rosen, P.C., our team of New York Workers Compensation Lawyers are seasoned legal professionals who have vast experience handling workers comp cases. Unfortunately, we have often seen how an employee’s claim may get wrongfully denied by their employer’s insurance agency. Or, if they are approved, they may not be getting the maximum compensation needed to cover their medical expenses and other losses.
Under no circumstances should you be paying out of your pocket for a workplace accident that was no fault of your own. If you or someone you love was recently in a workplace accident and was seriously injured, we encourage you to retain our legal services.
AN ASSET TO WORKERS COMP CLAIM DENIALS
Our law office can prove to be a considerable asset in fighting a wrongfully denied workers compensation claim. Many workers do not realize that they can petition against a denied claim and instead accept the denial and end up suffering physically and financially because of it. Our team can offer support as you go through the following steps in fighting a claim denial:
- File an appeal with the Appeals Board. This necessitates that forms are completed entirely, precisely, and without error. Any mistakes may cause your appeal to be delayed or dropped. We can review the documents you have to fill out and confirm that there are no errors before submission.
- You will get a notification about your appeal hearing, where you will have the chance to tell your side of the story to the judge. It is imperative to the outcome of your appeal that you are prepared, have supporting evidence, and understand how the hearing will go.
Please note that if you were approved for workers’ compensation but disagree with the course of treatment suggested by your assigned doctor, you may need help from a NY Workers Compensation Lawyer to intervene and correct the situation.
HOW AND WHY WORKPLACE RETALIATION HAPPENS
Those who have been approved for workers’ comp benefits after a workplace injury may start to notice that they aren’t treated the same as they used to be (and for the worse). Maybe your boss has moved to another department, reduced your pay, created a hostile environment, or discouraged you from applying for workers’ comp benefits altogether. These are all examples of workplace retaliation and can happen due to an employee utilizing a workers’ compensation program. This behavior against the worker is unlawful and discriminatory, and prompt action must be taken immediately with help from a lawyer to prevent the situation from escalating further.
POLSKY, SHOULDICE & ROSEN, P.C.
Remember, you do not have to accept a worker’s comp claim denial, and you may be entitled to filing an appeal. We understand that you may be overwhelmed, in pain due to the injury, and need money to get the care you need. Call Polsky, Shouldice & Rosen, P.C. today for more information about how a Workers Compensation Lawyer in New York can protect your best interests.
We Help With Workers’ Compensation for All Industries
When choosing a New York workers compensation lawyer, it’s smart to choose a professional with experience helping people in every industry. The needs of your case are different from someone else’s case, and having an experienced lawyer can help you get the full benefits you deserve. At Polsky, Shouldice, & Rosen, PC, we can provide expert recommendations for a workers’ comp claim in your industry.
Many factories are accidents waiting to happen. Industrial jobs have a high percentage of injuries due to dangerous conditions. Back injuries, slip-and-fall accidents and cuts are common. No matter the type of injury you experience, your New York workers compensation lawyer can help you file a claim.
It’s important not to overlook third-party claims. While you can’t sue your employer for an accident, you may be able to take a third-party business to court. If a defective product or piece of equipment caused your injury, you have a right to sue for damages.
Many people don’t think of transportation jobs as being covered by workers’ comp, but they are. If you work for a transportation business, and you experience back pain or repetitive-strain injuries, you should contact a New York workers compensation lawyer right away. You don’t have to suffer through the pain and risk your career.
Truck accidents while on the job can also be covered by workers’ comp. Depending on the circumstances of the crash, you may also be able to go to court for personal injury claims.
Nursing and Senior Care
Senior care can seem like a relatively worry-free profession, but it has one of the highest rates of workers’ comp claims in New York. Possible injuries range from muscle sprains to puncture wounds. Take care of your health and receive the compensation you need by having a New York workers compensation lawyer assist you with your claim.
There are many ways to get hurt at a construction worksite. Many of these injuries are serious, potentially affecting your ability to work in the future. No matter what your boss tells you, you have the right to seek medical treatment following on-the-job injuries. Going to the hospital after an accident is important even when you don’t see outside injuries because you may have head trauma or internal bleeding.
At Polsky, Shouldice, & Rosen, PC, we can help you know your rights and protect yourself. For example, it’s illegal for your employer to punish you or treat you differently because you file a workers’ compensation claim.
MANAGING COMMON WORKERS’ COMPENSATION ISSUES
Our New York workers’ compensation lawyer will tell you that when a person is injured in the workplace, they have a right to receive the benefits they deserve. You should never be left to suffer the consequences of a workplace accident without the assistance of workers’ compensation benefits. Unfortunately, the process can be complicated and may result in several issues that may impact your ability to retain the benefits you deserve. Polsky, Shouldice & Rosen, P.C. is dedicated to providing skilled and experienced representation to allow for the smoothest process possible and that you are able to maximize your benefits and compensation you are entitled to when you most need the support.
Common issues injured worker may face when trying to access benefits include:
MISTAKES WITH FILING A WORKERS’ COMP CLAIM
One of the most common problems faced by injured workers are mistakes with the claim they have filed. Errors when completing paperwork are common reasons injured workers have difficulty in obtaining their benefits. In some cases, these issues can be quickly rectified once your lawyer determines the reason behind the denial. Common mistakes might include:
FAILING TO REPORT THE INJURY
The entire process for obtaining workers’ compensation benefits depends on an employer receiving notice of any work-related injury which prevents an employee from earning full wages for five or more days. New York law requires that the employer give notice of the injury to its workers’ compensation insurer so that the process for determining eligibility can begin.
If you have suffered a work related injury, do not assume that your employer is aware of it. Do not assume your employer will take appropriate actions on your behalf, even if you believe your employer learned about your accident or illness.
This starts the benefits process and is the best way to establish a firm foundation for your right to receive workers’ compensation benefits.
REPORTING TO YOUR EMPLOYER FIRST
When you arrive at the doctor’s office in need of medical help, your physician needs to know about your injury. Your doctor’s job is to help you get better, not to report your injury to your employer so that you can receive workers’ compensation benefits for which you are eligible. With respect to all injuries sustained in your work related injury, be as accurate and detailed as possible with your doctor.
MISLEADING EMPLOYER ADVICE
Simply put, your health insurance plan is no substitute for workers’ compensation benefits, and it’s not meant to be. Many or all of these benefits are not available under your private health insurance.
It also limits your choice of physicians to approved medical providers and likely imposes requirements and restrictions on where you’re treated and how much treatment you receive. Your health coverage pays your medical bills, typically while requiring that you pay deductibles or copayments.
All of your reasonable and necessary medical costs are covered by workers’ compensation. It allows you to receive treatment by the physician of your choice, at the same time providing disability benefits while you are unable to work.
FAILING TO REPORT REPETITIVE INJURY
A series of events can lead to a workplace injury for which you are eligible to receive workers’ compensation benefits. Your injury does not have to result from one incident. Those who become disabled due to repetitive activities such as lifting can obtain benefits under the New York workers’ compensation law. In addition, cumulative trauma and repetitive motion injuries such as carpal tunnel syndrome and tendonitis are covered.
YOU HAVEN’T MISSED WORK, SO YOU DO NOT FILE A CLAIM
When workplace incidents result in serious injuries, employees often remain at work and take no time off for medical treatment and recovery. For some, this may be a matter of dedication to their employer, while others may want to avoid using sick time or even fear losing their job and livelihood. In any case, if you’ve suffered an injury at work, it’s important to seek prompt medical attention so that you can regain your best possible health.
Other common reasons include:
- Errors on paperwork
- Failing to seek medical treatment
- Not completing paperwork on time
Receiving a claim denial doesn’t mean injured workers should give up hope. It’s possible to correct these issues and receive the benefits you are entitled to.
YOUR EMPLOYER DISPUTES THE CLAIM
Our New York workers’ compensation lawyer will tell you that there is nothing more disheartening than to have your employer dispute the claim that you are dependent on. No person should be left to carry the burden of their losses following a job-related accident on their own. However, there are many reasons your employer might dispute the claim:
- They do not believe you were injured at work
- Your injury or incident is not covered
- Your injury was pre-existing
- You waited too long to report the injury
- There were no witnesses to the accident
- Injuries were intentional
YOU ARE FACING A THIRD PARTY CLAIM
Third party claims are a way to receive compensation for some of the damages victims of work-related accidents may be facing. In some cases, victims of work-related accidents may be able to seek compensation from someone other than their employer in the form of a third party claim. Third party claims can be filed against a person or entity who can be held liable. It may be possible to seek compensation through both workers’ compensation insurance and another responsible party.
4 QUESTIONS TO ASK A WORKERS’ COMPENSATION LAWYER
Workers’ comp benefits can be essential for your healing and for your family’s wellbeing after a work injury occurs. However, taking the right steps to receive and retain these benefits can be a complicated process. A New York Workers Compensation Lawyer can guide you through this claim process, which includes determining your eligibility, preparing the necessary information, filing your claim, dealing with an insurer and more. Here are 4 questions you should ask a workers’ compensation lawyer during your first consultation.
1. WHAT IS YOUR LEVEL OF LEGAL EXPERIENCE?
The number of years that a lawyer has been practicing will have a large impact on the strategy and specific expertise that he or she can contribute to your case. Workers’ comp cases often require that your lawyer has knowledge of certain tricks of the trade and complex technicalities in order for you to receive a suitable outcome. The lawyers at Polsky, Shouldice & Rosen, P.C. have over 30 years of specialized experience in workers’ comp cases, and commit that expertise to helping injured workers with their workers’ comp claims every day.
2. HOW MANY CASES INVOLVING SIMILAR INJURIES HAVE YOU REPRESENTED?
Since every workers’ comp case is unique, each type of case requires specific knowledge from your New York Workers Compensation Lawyer to fight effectively for your rights. If you have an unusual claim or a claim involving cumulative trauma such as for carpal tunnel syndrome, it’s even more important that you have confidence in your lawyer’s ability to prepare a strong case on your behalf.
3. WILL YOU BE PERSONALLY HANDLING MY CASE?
Once you find a lawyer that you trust, you’ll likely want to ensure that your case will remain in his or her good hands throughout your claim process. You should also have access to your lawyer should you need answers to questions or information about your case. At Polsky, Shouldice & Rosen, P.C., a lawyer meets with you during your first consultation who will remain with you throughout your entire case.
4. WHAT IS YOUR RATE OF SUCCESS ON WORKERS’ COMPENSATION CASES?
While credentials and background can give you a good idea of a lawyer’s ability to handle your case, ultimately you want to be sure that the New York Workers Compensation Lawyer you choose has had success on cases similar to your own in the past. A higher success rate demonstrates that your lawyer has the skills necessary to protect and defend your rights in negotiations, in court or in both arenas, depending on how you’d like to proceed with your case.
As an injured worker, obtaining workers’ compensation is not always as straightforward as it may initially appear. Our experienced team at Polsky, Shouldice & Rosen, P.C., can provide you with the support you need. We will fight for your rights and ensure that you can make the most of the benefits you deserve. Don’t put yourself in a position where you are walking away with far less than you deserve. Contact our New York workers’ compensation lawyer to get started.
The legal process to follow if your Worker’s Compensation claim is denied
Because workplace accidents happen really frequently in New York, and often have a devastating impact on the workers by leaving them with a lifelong disability or affecting them financially, you would think that Worker’s Compensation is very easy to acquire. When a worker is injured on the job they need medical treatment and take months to rehabilitate themselves fully back at the workplace.
And that medical treatment and rehabilitation they are undergoing cost money, and they are not at work therefore they are losing money. So it can be really devastating for a workers compensation claim to be denied, because workers compensation is something that includes benefits that cover medical expenses tying to their injury or disability, they can receive partial replacement of the wages they are losing if they cannot work for an extended period of time which can help them stay afloat, and if they are permanently disabled workers compensation is how they get their disability payments.
But there are a lot of reasons for initial claims to be denied, and a Worker’s Compensation lawyer in New York state is going to be able to help you with that. But before we dive too deeply into how your lawyer can help you should talk about some of the reasons your initial claim might be denied, especially if you did not work with a lawyer before filing.
Contact our New York workers’ compensation lawyer to get started.