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.
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.
Filing a WC Claim? Follow These Three Tips.
Polsky, Shouldice, & Rosen, PC have worked as New York Workers Compensation Lawyers for years now. Thier time in the business has taught them quite a bit about the inner workings of the Worker’s Compensation system in New York. If you’ve been injured at work, it is not your fault and there are rights afforded to you under the law. You likely have concerns about your recovery, your medical bills, and your income.
With all of that in mind, it isn’t hard to see how the process of pursuing WC benefits can seem overwhelming. Polsky, Shouldice, & Rosen, PC understand this. They work hard to make sure that their clients get the dignity that they deserve. If you or a loved one has been injured at work, here are some tips to keep in mind.
A Worker’s Compensation Claim Is Not a Lawsuit
Understandably, victims of workplace injuries can feel uncomfortable about pursuing benefits after a workplace accident. They are afraid that this will put them at odds with thier employer. The first thing to remember here is that WC is your right as an employee. With very few exceptions, employers are required to carry WC insurance to pay benefits to someone who has been hurt at work. When you file for your benefits, you are not taking legal action against your employer. You are simply requesting the insurance benefits you are entitled to.
Hold On to Your Records
If there is one thing that New York Workers Compensation Lawyers recommend, it is that you should hold on to your paperwork. The WC process can produce lots of paperwork and maintaining good records can be crucial to your case. Be sure that you notify your injury to your employer in writing, and keep any bills or invoices you receive from your care provider. Without these records, you may find that your journey to get benefits is an uphill battle.
Talk to a Lawyer
Every Worker’s Compensation case is different. It is only natural to have questions about the best course of action. Talking to a lawyer can be incredibly helpful. If you’re unsure about something, an attorney will be able to answer your questions. More importantly, an attorney will be able to focus on the administrative tasks that come with a WC claim. Having an attorney on your side will help you get the benefits you deserve while allowing you to focus on recovering.
New York Workers’ Compensation FAQs
At Polsky, Shouldice, & Rosen, PC, our job is to make the process of applying for workers’ compensation as simple as possible. Finding answers to FAQs about workers’ comp can help you avoid mistakes.
Are Repetitive Strain Injuries Covered by Workers’ Compensation Benefits?
Yes, workers’ comp in New York covers repetitive motion disorders. If you feel that you have an RMD, we encourage you to speak with New York workers compensation lawyers right away to plan your next step. Here are several common types of repetitive strains:
- Carpal tunnel syndrome
These issues can happen because your employer doesn’t follow the correct workplace guidelines. Repetitive job injuries require medical care because they can affect your career if left untreated.
Can I Get Workers’ Comp for Pre-Existing Injuries?
In this situation, workers’ compensation coverage depends on the specifics of your injury and what happened. It’s a good idea to discuss the details with New York workers compensation lawyers before filing your claim. That way, you can follow the right avenue for getting the compensation needed.
If a pre-existing injury was made worse due to an accident at work or poor workplace conditions, then you can generally qualify for workers’ comp. Simply having an old injury acting up doesn’t usually qualify.
For example, an old back injury wouldn’t qualify on its own. If your employer required you to carry heavy packages improperly, however, and your back condition was aggravated because of it, you would be able to file a workers’ comp claim.
Can Part-Time Employees Receive Workers’ Compensation?
In New York, workers’ compensation benefits apply to all employees. They cover full-time and part-time job positions. All industries have to follow these guidelines, including transportation businesses, manufacturers and construction companies.
If you’ve been injured on the job, our team at Polsky, Shouldice, & Rosen, PC can help you know your legal rights. We can help you file a claim for workers’ compensation correctly and pursue other applicable lawsuits.
What If the Accident Was Partly My Fault?
In this situation, you need to be completely honest with your lawyer about exactly what occurred. New York workers compensation lawyers can often help you obtain benefits even if the accident was partly your fault. In general, workers’ comp doesn’t rely on placing blame for accidents. What matters is showing proof that you were injured on the job.
There are exceptions, however. For example, if an employee purposely hurts themselves, was under the influence of drugs or alcohol, or was doing something illegal, workers’ comp doesn’t apply.
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.
The Do’s and Don’t of Worker’s Compensation
No one expects to get injured on the job, so going through the process of worker’s compensation can be overwhelming. If you don’t follow the correct procedures and meet your deadlines, the insurance company may deny your claim. Here are the most important things to do and not do if you get injured at your job.
Do Report Your Injury To Your Employer Immediately
Regardless of the initial extent of your injury, New York Workers Compensation Lawyers insist you report it to your employer right away. Not only do they need to be aware that there’s a potential for additional accidents, but you need to protect yourself if pain takes time to develop. Documenting an injury immediately also ensures that you and your employer can collect witness statements while they are fresh in everyone’s mind. At the same time, you can take photos before someone cleans up or changes the scene. Since this is the primary source of evidence in an injury, lawyers from Polsky, Shouldice, & Rosen, PC may need these documents to file a lawsuit against the insurance company should they deny your claim, so proper documentation of the scene is a high priority.
Don’t Let Your Employer Insist on You Using Your Personal Health Insurance
Your employer may resist filing a worker’s compensation claim on your behalf to avoid an investigation into their work safety practices. When an accident happens at work, you are not required to use your health insurance to cover your injures, even if your manager tells you so. New York Workers Compensation Lawyers recommend that you notify all medical providers that your injury occurred at work so they can document that in your file. This also keeps them from automatically billing your private insurance.
Do Seek Medical Treatment If Pain Persists
Injuries don’t always show up right away. Even if you don’t notice pain at your initial medical visit, you must report new ailments to your doctor right away. There are time limits on injury cases, and your physician must document any further injury that may be related to your accident. If you don’t seek treatment, the insurance company may deny treatment for the additional damages. Lawyers from Polsky, Shouldice, & Rosen, PC may be able to help if you find yourself in this situation.
Don’t Accept a Settlement Without Consulting an Attorney
If your injury prevents you from working or has left you permanently disabled, consult with New York Workers Compensation Lawyers before accepting a settlement. An attorney can review your case and ensure that you are getting everything that you’re entitled to.
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.
What if My Accident Occurred While I Was Driving?
One of the most common causes of work-related injuries is traffic accidents. Both individuals who drive as a function of their employment and those who travel for work-related purposes may be eligible to receive workers’ compensation benefits in the event that they sustain injuries while involved in an auto accident. Essentially, if you were driving for a work-related purpose at the time of your crash, you weren’t drunk or high at the time of your collision, you weren’t trying to get hurt, and you hadn’t instigated a road rage scenario that led to your accident, you should be entitled to benefits in the wake of your crash.
What exactly is a work-related purpose in this context? The answer to that question is somewhat nuanced, so it is important to connect with our firm if you have questions about your particular circumstances. For example, generally speaking, everyday commutes are not considered “work-related” but if you engage in work-related activities during your commute, there may be an exception to this rule that applies to your situation. Say that your boss asked you to pick up doughnuts for a weekly staff meeting on your way in and you were rear-ended while making that doughnut run. That would be considered travel for a work-related purpose.
Note that you can only collect workers’ compensation benefits for a work-related accident if you are eligible for this coverage.
Are There Options Available if I am Not Covered by Workers’ Compensation?
Not everyone is entitled to collect workers’ compensation benefits. Those who are rightfully classified as independent contractors, workers in certain specialty industries, and employees of very small companies may be exempt from coverage. If you have questions about your eligibility for workers’ compensation benefits, don’t hesitate to connect with the experienced New York legal team at Polsky, Shouldice & Rosen, P.C. Our firm has extensive experience assisting individuals in ascertaining whether they are rightfully entitled to benefits or not; all too often, workers are misclassified in ways that lead them to believe that they are ineligible for benefits when – in reality – they are entitled to this coverage.
With that said, if you are not entitled to claim benefits after a work-related injury, don’t panic. Chances are good that you can file a personal injury claim as a result of the harm you have suffered. As a “bonus” to your ineligibility status, you may sue the company that you provide work-related services for, which is an opportunity not generally afforded to part-time and full-time employees who are eligible for workers’ compensation benefits.
Can I File a Personal Injury Claim and a Workers’ Comp Claim Simultaneously?
If you are eligible for workers’ compensation benefits, you may be able to file a personal injury claim against any party – other than your employer – whose negligent, reckless, or intentionally dangerous conduct led (in part, or totally) to the occurrence of your injuries. Workers commonly sue motorists, manufacturers of faulty equipment, owners of dangerous property, etc. after sustaining work-related injuries.
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.
ARE PROFESSIONAL ATHLETES ENTITLED TO WORKERS’ COMPENSATION AND SHOULD THEY HIRE A NEW YORK WORKERS COMPENSATION LAWYER?
Professional athletes are entitled to workers’ compensation and various coverage advantages if they are not given a fair payment through the settlement program. Based on the kind of sport, workers’ payment laws differ from one state to another.
For instance, pro boxers and jockeys, who have to handle physical damage in every match, deal with the most problems with their employees’ payment coverage. Since it’s common for individuals to get grave injuries in the sports sector, it is essential for athletes to ensure that they’re insured and can get settlement for their injuries. If you’re questioning whether you’re entitled to workers’ settlement as an athlete, here’s what you need to know.
WHY IS THERE A NEED FOR WORKERS’ PAYMENT INSURANCE COVERAGE FOR PHYSICAL FITNESS AND SPORTS BUSINESSES?
A workers’ compensation insurance coverage program is used to cover lost salaries and medical expenses for work and sports health problems and injuries. It can assist employees, including pro athletes obtain financial assistance to either restore their original strength to return to their profession or change their profession or retire with a pension to sustain their lives. Furthermore, it’s obligatory insurance that every sports team needs to have for its employees.
- IT CAN BE A LIFE SAVER
There is constantly a physical risk to players when it pertains to fitness and sports activities. If a player sustains a muscle injury while practicing or performing a sports activity, it is considered a work-related injury. In this circumstance, it is the responsibility of the sports group business owner to make up for the medical costs due to the sports injury.
Instead of paying the complete amount from their pocket, the sports group owner can get payment for dealing with the injury utilizing the employees’ compensation scheme. If you are located in NYC and you are unsure of your benefits you may need to reach out to a New York Workers Compensation Lawyer.
- IT ASSISTS SPORTS COMPANY OWNERS
There can be a case where the player used by the teams owner chooses to sue the business owner over a sports injury. In such cases, employees’ compensation schemes can assist employers get the monetary help required to combat the claim. This kind of scheme is known as a company’s liability insurance, and it can assist cover the following:
- Court costs
- Attorney’s fees
- Judgments and settlements
Whether the claim is strong or not, a sports entrepreneur might still require to compensate for the injuries of the player expense if no insurance coverage covers it.
KINDS OF SPORTS INJURIES
Professional athletes can get hurt throughout a game or have physical issues that establish over an extended period. No matter what type of injury, they are entitled to payment under this program so they can sustain their income while they recuperate or re-train for other work (if irreversible impairment). The most typical injuries for which professional players are entitled to receive employees’ settlement are:
- Spinal column or back injury
- Herniated disks
- Torn ligaments or ACLs
- Joint injuries to the elbow or knee
- Muscle tears
- Distressing injuries to the brain and concussions
- Fractures and damaged bones
- Rotator cuff issues and shoulder impingement
Since it’s common for people to get serious injuries in the sports sector, it’s crucial for athletes to make sure that they’re insured and can get payment for their injuries. An employees’ compensation insurance coverage program is suggested to cover lost wages and medical expenses for work and sports health problems and injuries. If you are in need of a New York workers compensation lawyer do not hesitate to reach out to Polsky, Shouldice & Rosen, P.C.
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