New York Workers Compensation Lawyers
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.
Protect Your Right to Work in a Safe Environment
Though working in the field of construction can be very dangerous, the dangers can be mitigated on the part of your employer. They have a legal, moral, and ethical responsibility to ensure the workplace is reasonably safe and free from hazards. If you were severely injured while working on a construction site, do not delay in contacting our New York workers’ compensation lawyers for a free consultation.
New York Workers’ Compensation Lawyers Discuss Benefit Qualifications
If you or someone you know has been hurt at work or has suffered a work-related injury or illness, you may have heard about workers’ compensation. If this is your first experience with a work-related illness or injury, you may not know much about workers’ compensation, including whether you qualify for workers’ compensation benefits, or, if you do, how to go about filing your workers’ compensation benefits claim.
If this sounds like you, consider reaching out to the workers’ compensation lawyers at Polsky, Shouldice & Rosen, P.C. Our workers’ compensation lawyers have over 25 years combined experience helping people just like you determine whether they may qualify for workers’ compensation benefits and helping them file their workers’ compensation claims. The competent, caring New York lawyers at Polsky, Shouldice & Rosen, P.C. are here to help you understand and navigate the claims process. They can offer a range of services including:
- Helping you determine whether you may have a valid workers’ compensation claim: Workers’ compensation is a type of insurance that most employers are required by state law to carry for their employees to provide payment if an employee is injured at work. Depending on the state, employers may be required to carry different amounts of workers’ compensation insurance and the specifics of what kind of work-related illness or injury they are required to cover may vary.
However, if you have been injured in a workplace accident and you did not intentionally injure yourself, and you weren’t under the influence of alcohol or drugs, you may qualify for benefits. Likewise, if you have suffered an injury over time, such as back or knee problems related to your work, or if you have an illness related to your work, you may also qualify for benefits. The workers’ compensation lawyers at Polsky, Shouldice & Rosen, P.C. can help you determine whether you should seek benefits under your state’s workers’ compensation law.
- Helping you file your New York workers’ compensation benefits claim: After you report your injury or illness to your employer, your employer should provide you the forms necessary to make your workers’ compensation claim. After completing the forms, your employer will submit them to their workers’ compensation insurance carrier who will evaluate your claim. The attorneys at Polsky, Shouldice & Rosen, P.C. can guide you through this process, making sure that your employer is following the law and helping you make your claim as strong as possible.
- Helping you realize the benefits you deserve: The insurance carrier and your employer may dispute the circumstances or seriousness of your injury or illness. You will need to be prepared to negotiate the amount and type of benefits that you receive and, in some cases, your claim may even end up in a legal proceeding. Our New York workers’ compensation lawyers are experienced negotiators and litigators and are ready to help you get the benefits to which you are entitled.
Let the New York workers’ compensation lawyers from Polsky, Shouldice & Rosen, P.C. take the burden of filing and pursuing a workers’ compensation claim off your shoulders. Their kind, compassionate, and professional representation will give you the time and energy back that you need to focus on recovering from your work-related ailment. Call our office today to schedule a no-obligation initial assessment.
Workers’ Compensation and Post-Traumatic Stress Disorder
There are many things you can get workers’ compensation for. In fact, some people find it easier to get it than others but it is a system designed to give many workers the benefit of the doubt. Even if you were the one at fault for your injuries, workers’ compensation benefits will typically still kick in except under extenuating circumstances. However, the New York, NY workers’ compensation lawyers at Polsky, Shouldice & Rosen, P.C. know that in many situations, workers’ compensation benefits are not designed to help workers even if they desperately need it. If you are suffering from post-traumatic stress disorder because of an incident on the job, you may be wondering if you can file for workers’ compensation. We are here to help because this will not be an easy battle for you to fight alone.
What is Post-Traumatic Stress Disorder (PTSD)?
PTSD is often associated with someone who comes back from fighting in a war or who has been in some kind of life-threatening fight. While this is correct, most people do not realize that you can get PTSD from everyday events, such as car accidents, sexual abuse, or personal injuries that occur in or outside of work. A few examples of how one could get PTSD from work situations are:
- You work in the line of duty as an EMT or a police officer and see gruesome, horrifying acts of violence;
- You work at a grocery store and are held up at gunpoint or witness a shooting inside your store;
- You work at a bank and are held hostage by a disgruntled employee;
- You witness another co-worker who has died on the job due to mechanical failure.
As one of our New York, NY workers’ compensation lawyers can explain, all of these are ways in which you may get PTSD from working your job, so it stands to reason that you would wonder if workers’ compensation benefits cover therapy or any pain and suffering you may be experiencing.
Learn More About New York Workers’ Compensation
After you have filled everything out and believe that you have everything you need for a successful workers’ compensation claim, the New York workers’ compensation lawyers know that it is still possible for your employer to deny your workers’ compensation claim. For people who are depending on these benefits to pay for medical bills or wages they missed when they were unable to work, this can be completely devastating. Developing a medical condition or becoming injured on the job can cause you to have very expensive medical bills and it may take months to recover from hospital stays and physical therapy. If your workers’ compensation claim was denied, this is not the end of the road for you. Instead, you should reach out to our workers’ compensation lawyers New York residents rely on. We can help with your appeal.
What are the most common reasons a workers’ compensation claim may be denied?
When you feel that your case is clear, it can come as quite a shock to you when you get the news that your claim was denied. Unfortunately, not all employers and their insurance companies want to help their employees out and may look for the smallest thing so that they can deny your claim. There are common reasons your employer or their insurance company may have denied your claim.
- Getting injured on the job. If you were at work when you were injured, you may believe it is obvious that your injury was sustained while working. However, just because you are at your place of employment does not mean you got a work-related injury and your employer may be looking for anything that points to the contrary. It is possible your employer will state that you got the injury somewhere else and blamed it on your work, that you were not following the rules when you were injured, or that you weren’t actually on the clock at the time of the injury.
- You missed the deadline. This is an important one because typically there is no wiggle room when it comes to the deadline. There are usual steps you must follow, including reporting your injury to your supervisor or employer as soon as possible after the accident (best to do so in writing) and reporting it to the state agency. There is a time limit on how long you have to do this, so speak with our New York workers’ compensation lawyers if this was the issue.
If you have any other questions about a denied workers’ compensation claim, please contact our New York workers’ compensation lawyers now.
Can you get workers’ compensation?
While difficult, it is possible to get workers’ compensation benefits to cover this type of claim. A psychological injury like this is known as a “mental-mental workers’ compensation claim” and it is seen as a mental health problem stemming from a psychological problem that happened at work (as opposed to a mental health problem stemming from a physical problem at work). Many states only grant workers’ compensation benefits to those who serve in the line of duty (like police officers) or that the employer is more responsible for the negative health conditions than the employee. Because this type of injury is extremely hard to receive compensation for, we recommend you get in touch with our office as soon as possible to speak with one of our New York, NY workers’ compensation lawyers.
We want to get you the help you need. This is not a battle you should be fighting on your own. To see how we can help, contact the New York, NY workers’ compensation lawyers at Polsky, Shouldice & Rosen, P.C. now.
“My experience with the law firm is great I recommend five star .in outstanding job Polsky,Shouldice &rosen is the best law firm for all working related injuries.great job .”