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.
- New York Workers Compensation Law Infographic
- We Help With Workers’ Compensation for All Industries
- Questions To Ask a Workers Compensation Lawyer
- MANAGING COMMON WORKERS’ COMPENSATION ISSUES
- 4 QUESTIONS TO ASK A WORKERS COMPENSATION LAWYER
- The Legal Process for Claim Denials
- New York Workers Compensation Lawyer
- Understanding Workplace Retaliation After Filing a Claim
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.
New York Workers Compensation Law Infographic
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.
Questions To Ask a Workers Compensation Lawyer
How Strong Is My Case?
Asking this question at the beginning of the process can help ease your anxieties so you can focus on each step you need to complete. Workers compensation claims require attention to details and adherence to strict procedures and deadlines.
Workers compensation laws are complex. If you are injured on the job, you need to look for a dedicated New York workers compensation lawyer to make sure you get answers to your questions as well as benefits you need. Experienced firms such as Polsky, Shouldice, & Rosen, PC can advise you about your case while steering you through the complicated process of filing a claim.
Can You Represent Me Through the Entire Process?
When you initiate a workers compensation claim, make sure you choose a New York workers compensation lawyer who can represent you throughout the process. This means your specialized lawyer will stand with you in multiple steps, including:
- Administrative hearings
- Court appearances, if necessary
Firms such as Polsky, Shouldice, & Rosen, PC that are experienced in handling workers compensation cases may be able to help you with paperwork as well as finding quality medical care.
Do You Represent Employers and Insurance Companies or Only Workers?
This question, in addition to relieving anxieties about your choice of lawyer for your workers compensation case, helps you better understand the intricacy of this process. An attorney who specializes in cases brought by injured workers will likely be highly familiar with the latest regulations governing workers compensation claims. A New York workers compensation lawyer dedicated to serving injured workers also will likely not have vested interests.
How Does Your Fee System Work?
A reputable workers compensation law firm such as Polsky, Shouldice, & Rosen, PC will be transparent about costs, explaining the fee scale to you and how it relates to the circumstances of your particular case. Some claims are more complicated than others, and costs may differ. Veteran workers compensation lawyers and firms may also offer payment plans and options that make it easier to afford legal services.
How Often Will You Communicate With Me?
Regular communication from your workers compensation lawyer in New York or from a representative in the office alleviates anxiety and keeps you up-to-date about any actions you need to take. You should also pay attention to how quickly you receive a response to your communications and questions. Prompt responses show respect as well as organization and attention to detail.
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 for Claim Denials
Because workplace accidents frequently happen 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 Worker’s Compensation is straightforward 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. Medical treatment and rehabilitation victims are undergoing cost money, and they are not at work; therefore, they are losing money. It can be devastating for a workers compensation claim to be denied because workers compensation includes benefits that cover medical expenses tied to their injury or disability. Additionally, they can receive a partial replacement of the wages they are losing if they cannot work for an extended period. These wages can help them stay afloat, and if they are permanently disabled workers compensation is how they get their disability payments.
There are many 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.
New York Workers Compensation Lawyer
A New York Workers Compensation lawyer has witnessed firsthand the challenges that can come with a work-related injury, especially when further complications occur, such as retaliation. Workers compensation is a benefit available to most full-time employees, and it’s a protected activity, meaning it’s illegal for an injured employee to suffer retaliation due to accepting workers compensation. As an injured worker, it’s important to understand workplace retaliation and the possible signs that retaliation is present. Working with a firm like Polsky, Shouldice & Rosen, P.C. can play a crucial role in handling the workers compensation case and ensuring the proper steps are taken should retaliation be present.
Workers Compensation, a Protected Act
If the person injured on the job is a full-time employee of the company, they should be able to access workers compensation benefits after an on-the-job injury. Workers compensation is a benefit available to help injured employees be made whole after the accident. Typically, workers compensation offers benefits such as:
- A Portion of Lost Wages
- Medical Care
- Vocational Training
- Death Benefits
- Disability Benefits
Workers compensation is a no-fault system, meaning regardless of whether the employee or employer is at fault, the injured party has a right to access available benefits. Additionally, in exchange for accepting these benefits, the employer is protected from the possibility of a lawsuit. Unfortunately, our workers compensation lawyer in New York, New York, shares that when an employee is injured and files for workers compensation, it’s possible that they may experience retaliation from their employer as a result.
Understanding Workplace Retaliation After Filing a Claim
Retaliation in the workplace is a form of discrimination, first developed under the Civil Rights Act of 1964. The U.S. Equal Employment Opportunity Commission enforces laws making it illegal to discriminate against either an applicant or employee based on race, religion, age, gender, sexual orientation, or disability. One of the most common types of discrimination is retaliation. It is illegal to retaliate against an employee for:
- Filing a complaint to the EEO
- Reporting harassment to an employer
- Refusing to discriminate against others in the workplace
- Requesting accommodation for a disability
- Experiencing poor or unfair treatment as a result of pursuing workers compensation
Retaining workers compensation benefits should be a relatively straightforward process, but, unfortunately, victims can experience claims problems. Retaliation is a very real possibility for injured workers, and when the victim expects this, they must reach out to a lawyer if they have not already done so.
Steps to Take if Retaliation is Suspected
Retaliation can be challenging to identify because there may be nuances of adverse treatment in the workplace at times. Common signs of retaliation include:
- Being assigned a lower-ranking position
- Experiencing a demotion
- Receiving a pay cut
- Having hours reduced
- Being fired
Experiencing a work-related injury is hard enough; suffering retaliation as a result of accepting workers compensation benefits can not only be challenging to contend with, it can also result in further unexpected frustrations. Knowing where to turn or what to do next can be overwhelming, consider taking the following steps:
- Contact the HR department to report what is happening
- Keep clear documentation of the events unfolding
- Gather as much evidence as possible
- Try to refrain from quitting
The road ahead will likely be difficult, especially for victims still recovering from their injuries. Polsky, Shouldice & Rosen, P.C. has the tenacity and experience to protect the rights of victims who have been injured and are experiencing adverse treatment in the workplace. Initiate the process of receiving the legal protections necessary by reaching out to a New York workers compensation lawyer.
If you’ve been in an accident, are you worried that your insurance carrier is not paying your bills, and if so have you reached out to a New York workers compensation lawyer? New York workers compensation lawyers such as the ones available at Polsky, Shouldice and Rosen PC are going to best know how to help you if your claim is denied or if the insurance is not covering your bills.
What can I do if my insurance carrier is not paying my bills after a work injury?
Obviously if your bills are not being paid, and you receive a medical bill in the mail and you are expecting to be paid you’re going to be very surprised. You’re going to receive the denial on a form called C – 8.1 B and this is going to tell you why the bill was denied. And you’re probably not going to agree with it, because here and say I got hurt at work, and my doctor said I need this to go back to work.
When a New York workers compensation claim is filed, the injured worker must go to the doctor and the new dock or the medical provider involved is going to bill the insurance carrier. The carrier is then going to pay or deny that bill for any number of reasons, up to their discretion. A New York workers compensation lawyer is going to be able to tell you if the bill was denied for a false reason and if there’s anything you can do.
Sometimes the bill is going to be denied because the case is controversial, the treatment provided was for a non-established injury or the treatment falls outside of the medical guideline standard of care and was not medically necessary. This means if you are getting treatment for a work-related injury you need to ensure that it is as published as this injury was indeed caused by something on the workforce and job.
After the bill has been denied there are a few ways that your lawyer can help you deal with it.
My case was established but the insurance carrier disputed the bill. What should I do?
In this instance, the NYS Workers Compensation Board is usually going to send you a proposed decision which finds those in favor of the medical provider or the insurance carrier, though it heavily depends on the circumstances surrounding the dispute. This decision is a proposal by the board to resolve the outstanding issue of your case. Usually this is going to become final after 45 days after it has been issued, giving both the worker and insurance carrier time to review.
If you disagree with the findings of this decision then you can send an objection to the board and it will either amend the decision to bring the case to a hearing to readdress it.
You should work closely with your New York workers compensation lawyers to ensure that everything is filed on time, appropriately, with the correct forms, and that you are indeed working on receiving workers compensation.
Our NY workers’ compensation lawyers know that a construction worker has one of the most dangerous jobs in the United States. Workplace safety laws are intended to protect employees, including construction workers, but their rights are often violated. When construction workers are injured as a result, they have the right to seek legal recourse with the help of workers’ compensation lawyers in New York. Best Ways to Promote a Safe Construction Worksite.
At Polsky, Shouldice & Rosen, P.C., our workers’ compensation lawyers have helped thousands of injured workers across the state of New York recover their damages. In fact, we have negotiated substantial settlements for our clients which enabled them to get the costly medical treatment they needed. Find out if we can help you too by scheduling a no-cost meeting with our construction accident lawyer.
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
In 1970, the Occupational Safety and Health Act created OSHA within the Department of Labor. Its mission is to reduce workplace hazards as well as implement programs that focus on the health and safety of workers. OSHA regulations apply to construction sites as well. As our workers’ compensation lawyers in New York can tell you, as a construction worker you have certain legal rights under the law. They include:
- Your employer must have copies of OSHA regulations, rules, requirements, and standards available for you to access while in the workplace.
- You have the right to access records of work-related illnesses and injuries.
- You can request your OSHA area director to inspect your workplace if you believe a hazardous condition exists or that OSHA safety violations are occurring. During the inspection, an authorized employee representative can accompany the OSHA inspector.
- You have the right to a copy of the test results resulting from workplace hazard inspections.
- You can request OSHA to withhold your name on any written complaints you sign and submit to them regarding safety violations made by your employer.
- You cannot be retaliated against or otherwise discriminated against by your employer for having filed a complaint about them to OSHA.
YOUR EMPLOYER’S SAFETY OBLIGATIONS UNDER OSHA REGULATIONS
If your employer’s violation of any of the following contributed to your accident and subsequent injury, contact our New York workers’ compensation lawyers immediately.
- They must provide a workplace that is free of any recognized hazards.
- They must ensure that their employees have the use of safety equipment and tools.
- They must inform their employees of all applicable health and safety standards as set forth by OSHA.
- They must prominently display the OSHA poster that explains the employees’ rights under the OSH Act.
- They must create an understandable and clearly written method of communication that informs employees of potential hazards by employing material safety data sheets as well as some form of an employee training program.
Types of OSHA Violations
An example of a serious violation would be if the employer did not implement adequate safety procedures for equipment that had caused prior crushing injuries. A documented willful violation may be used against an employer when an injured worker is seeking workers compensation. Willful violations are the most serious because they show disregard for employee health and safety.
A documented serious violation may be used against an employer when an injured worker is seeking workers compensation. Failure to ensure that employees wear PPE such as hardhats when potential falling debris hazards are present is an example of a serious violation.
Failure to provide copies of safety regulations and failure to post required documentation in work areas are considered other-than- serious OSHA violations. Other-than-serious violations should be available for reference by the one who was injured, and their workers compensation attorney for use in legal proceedings. There are large fines for Other-than-serious violations, but inspectors can choose not to impose a fine.
OSHA may cite an employer for a repeat violation if an employer is cited for a particular violation and a subsequent inspection shows another similar violation. Inspectors cannot consider a violation of the same type to be a repeat violation if the employer contests the original violation. A documented repeated violation can be used against an employer when an injured worker is seeking workers compensation.
For example, when the distance between rungs exceeds the distance stated in OSHA regulations a de minimis violation can be filed against an employer. A de minimis violation is a technical violation of OSHA rules that have no direct impact on health or safety. A de minimis violation may still create a hazardous condition which leads to an injury.
Failure to abate
If the employer doesn’t remedy the condition before the specified date, it will be liable for a large fine per day from the day after. Failure to abate means that the employer failed to take corrective action following a prior documented violation. Failure to abate violations should be available for reference by the one who was injured, and their workers compensation attorney for use in legal proceedings.
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