New York Workplace Injury Lawyer
Work environments are not guaranteed hazard-free zones, as a workplace injury lawyer in New York knows. Accidents can happen unexpectedly, even at sites that abide by regulations and have strong safety policies in place. You never know when a workplace injury might happen to you. Emotional suffering, medical expenses, and other losses can take a toll, especially if your insurance coverage doesn’t account for all of your total expenses. If you have sustained an on the job injury, rest assured that you have legal options. There are ways for you to seek compensation and recover your losses. Our team at Polsky, Shouldice & Rosen, P.C. can assist you in your claim, and will fight for your right to receive a fair settlement for your workplace injury.
Table Of Contents
- Common Workplace Injuries
- Critical Steps to Take After a Workplace Accident
- Critical Steps to Take After a Workplace Accident Infographic
- New York Workplace Injury Laws
- New York Workplace Injury Statistics
- What If My Claim Was Denied?
- FAQs About Workplace Injuries
- Polsky, Shouldice & Rosen, P.C. New York Workplace Injury Lawyers
The stress of a workplace injury can be a lot for any individual to bear. Losing the ability to work can threaten one’s livelihood and ability to care for their family. A qualified lawyer will be able to assist their client with the claims process during such a difficult time. Determining the value of a workers’ compensation claim can be difficult without the help of a skilled lawyer, and the process is time-consuming. Additionally, figuring out which benefits you qualify for is not always clear. A NY workers’ comp attorney has the necessary experience working with a variety of claims, and can help workers achieve a fair settlement and set them on a quicker path to recovery.
Common Workplace Injuries
Workplace injuries are a significant concern for employees and employers alike. Understanding the most common types of injuries can help in creating safer work environments and in knowing when to seek legal assistance, especially in places like New York where the industrial and corporate landscape is vast and varied.
Slips, Trips, and Falls
One of the most frequent causes of workplace injuries are slips, trips, and falls. These incidents can occur in any work environment – from offices to construction sites. They can result in a range of injuries, from minor bruises to more serious conditions like fractures or head injuries. Employers are responsible for ensuring that work areas are free from hazards that could cause these accidents. This includes keeping floors clean and dry, ensuring good lighting, and providing proper signage for any potential hazards.
Repetitive Strain Injuries
Repetitive strain injuries (RSIs) are caused by overuse of a particular part of the body, often due to repetitive motions. Common in office environments, these injuries can affect muscles, nerves, and tendons, leading to conditions like carpal tunnel syndrome or tendonitis. Employers can help prevent RSIs by providing ergonomic workstations and encouraging regular breaks.
In industries that use heavy machinery, such as manufacturing or construction, workers are at risk of serious injuries. These can include crushed limbs, burns, or lacerations. It’s crucial for employers to ensure that all machinery is properly maintained and that employees are trained in safe operation procedures.
Exposure to Harmful Substances
Exposure to harmful substances is another common workplace hazard, particularly in industries like manufacturing, healthcare, and cleaning. This exposure can lead to respiratory issues, skin conditions, or even more severe health problems. Employers must provide appropriate protective equipment and training on how to handle these substances safely.
For jobs that involve driving or operating vehicles, there is a risk of accidents and injuries. These can range from minor injuries to more severe outcomes like head injuries or spinal cord damage. Safe driving policies and regular vehicle maintenance are key to preventing these accidents.
Critical Steps to Take After a Workplace Accident
Accidents in the workplace are prevalent, and as New York workplace injury lawyers have seen, victims stand to experience challenges that are the direct result of the accident. Although some professions put employees at greater risk for injuries, even safer careers like office jobs can result in workplace accidents. Whether you were injured on a construction site, while driving a vehicle for work, or have a job that primarily involves office work, it may be necessary to consider workers’ compensation to assist with the losses associated with such an accident. The following are four critical steps recommended by Polsky, Shouldice & Rosen, P.C. to ensure that victims receive necessary medical treatment and much-needed benefits after a work-related injury:
Complete an Accident Report
Regardless of the severity of injuries involving a work-related accident, employees should make sure that they notify their employer of the accident. Employees must notify employers within 30 days of the accident. Despite this extended timeframe, it’s essential to inform the employer immediately for several reasons. Not only does promptly reporting the injury help to prevent any debate over where the accident occurred, but it can also safeguard a workers’ compensation claim. In addition to notifying the employer, an accident report must also be created. The accident report will include the specifics of the accident, the injuries, whether medical treatment was received, and any steps that have been taken to prevent the occurrence of such an accident in the future.
Seek Medical Treatment
New York workplace injury lawyers will recommend that victims of accidents promptly seek medical treatment for several reasons. While in some situations, injuries may not be overtly apparent, seeking care from a physician can ensure that there are no underlying injuries that victims may not be aware of. Additionally, medical care ensures that injuries are properly diagnosed and treated. Those who do not seek medical treatment soon after the accident risk having their injuries downplayed or disputed by the employer. Victims of workplace accidents must seek medical treatment so their rights remain intact, and they have every chance to receive the workers’ compensation benefits they rely upon.
Follow Through with All Treatment Recommendations
When victims receive medical care for their injuries, their physician will provide treatment recommendations that must be adhered to. Victims may be required to take medications, undergo surgery, physical therapy, and more. Sometimes, an injured worker may start to feel better and, as a result, discard recommendations from their doctor. Not only could this cause the victim’s medical condition to deteriorate, but it could also impact their ability to achieve the best recovery possible. It’s also important to note that when a victim does not follow treatment recommendations, it could leave employers, their lawyers, and insurance adjusters to believe that injuries are not as bad as they were.
Keep Clear Documentation
After an accident, it’s critical to keep clear documentation. Documentation will act as an essential piece of evidence when seeking workers’ compensation benefits. Taking the time to write down an account of what happened clearly, the steps that were taken to seek medical treatment, the treatment recommendations that were followed, and the impact the injuries have had on a person’s ability to function normally can help to prove the accident happened in the workplace and tie the injuries to the accident. Following an accident, memories of what happened can fade over time, and capturing what happened soon after will be valuable evidence.
Critical Steps to Take After a Workplace Accident Infographic
New York Workplace Injury Laws
Understanding The Legal Weave Of New York Workplace Injuries
Navigating the interwoven paths of laws pertaining to workplace injuries in New York can be a complex endeavor. With a spectrum of regulations, statutes, and case law to consider, gaining a foundational understanding of the legal terrain becomes pivotal for both employers and employees alike.
Layers Of Laws And Legal Frameworks
In the vibrant and perpetually active work environments across New York, the governing laws have meticulously crafted to ensure fairness and justice in cases of workplace injuries. A dominant component of this legal tapestry is the New York Workers’ Compensation Law, which serves as a protective shield for employees who may encounter the unexpected event of an injury at the workplace. This statute mandates employers to provide insurance that covers medical expenses and wage replacements should an employee become injured or ill due to work-related circumstances.
Concurrently, the Occupational Safety and Health Administration (OSHA) imposes precise standards and obligations on employers, ensuring a safe and healthful work environment. It meticulously delineates the rights of employees and the responsibilities of employers, fortifying the framework that looks after the wellbeing of the New York workforce.
Amidst the myriad of protections provided to employees, the assurance of a retaliatory-free zone post-injury claims is crucial. New York law strictly prohibits any form of retaliation against employees who seek workers’ compensation benefits. This robust safeguard enables employees to pursue their rightful claims without fear of unjust repercussions, fostering an environment of transparency and justice within the workplace.
Moreover, specific attention is paid to the aspect of disability discrimination. The New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) both provide stringent protections against disability discrimination, ensuring that employees who have been injured are not unjustly treated or unlawfully terminated due to their injury-related disability.
Encompassing Employer Obligations And Liabilities
Employers, on the other hand, are sheathed with a multitude of obligations and potential liabilities. Ensuring compliance with safety regulations, providing comprehensive workers’ compensation insurance, and adhering to lawful processes post-injury all become pivotal in aligning with the legal requirements set forth by New York law.
Experienced New York Workplace Injury Lawyers, such as those at Polsky, Shouldice & Rosen, P.C, often underline the importance of adhering to these laws not only to safeguard the welfare of employees but also to protect employers from potential legal quagmires. Navigating through claims, negotiating settlements, and ensuring compliance with the myriad of workplace injury laws necessitate a nuanced understanding and expertise, particularly in complex cases that may involve severe injuries or disputes regarding liability and compensation.
Encouraging A Journey Of Knowledge And Expert Guidance
Embarking on a journey through the complex weave of New York’s workplace injury laws can indeed be a daunting task. But with knowledge as your shield and expert New York Workplace Injury Lawyers as your guiding light, navigating through the legal pathways becomes decidedly less arduous.
If you or someone you know is grappling with the complexities of a workplace injury and its ensuing legal journey, allow the experts to light your path. Reach out to seasoned professionals, and embark on a journey towards justice, compensation, and peace of mind, with the assurance of expertise and compassionate guidance at every step.
Although the workers’ compensation process may appear straightforward, victims should also consider consulting with a legal professional. Having our New York workplace injury lawyers at Polsky, Shouldice & Rosen, P.C. reviewing the case can help ensure the proper steps are taken and determine whether it may be possible to seek further legal action against negligent parties.
New York Workplace Injury Statistics
In New York, workplace injuries are a significant concern, reflecting a broader national trend. According to the Bureau of Labor Statistics, in 2021, there were approximately 140,000 nonfatal workplace injuries and illnesses reported among private industry employers in New York State alone. This statistic underscores the importance of stringent safety protocols and the need for effective legal representation, such as that provided by firms like Polsky, Shouldice & Rosen, P.C., to assist employees in navigating the complexities of workplace injury claims and ensuring their rights are adequately protected.
What If My Claim Was Denied?
Facing a claim denial can be a frustrating and overwhelming experience, especially when it pertains to something as critical as a workplace injury or an insurance claim. Understanding the reasons behind the denial and the steps you can take thereafter is essential in ensuring your rights are protected.
Common Reasons for Claim Denials
Claims can be denied for various reasons. It’s important to carefully review the denial letter, as it should specify the reason for rejection. Common reasons include:
- Lack of Evidence: If there’s insufficient evidence to support your claim, it may be denied. This could be due to inadequate documentation of the injury or the circumstances surrounding it.
- Policy Exclusions: Sometimes, certain conditions or incidents are excluded under the terms of a policy, leading to a claim denial.
- Missed Deadlines: Failing to file a claim within the specified time frame can result in a denial.
- Disputes Over Liability: If there’s a dispute over who is liable for the injury or damage, this can lead to a claim denial.
- Procedural Errors: Errors in the application process, such as incomplete forms or missing information, can also lead to denials.
Steps to Take After a Claim Denial
- Review the Denial Letter: Understanding the specific reason for the denial is crucial. This information is key in determining your next steps.
- Gather Additional Information: If your claim was denied due to insufficient evidence, gather more documentation or evidence that supports your claim.
- File an Appeal: Most insurance policies and workers’ compensation plans have an appeals process. Follow the guidelines provided for filing an appeal.
- Seek Legal Assistance: This is where professional legal advice becomes invaluable. An experienced attorney can help you navigate the complexities of the appeals process.
How Polsky, Shouldice & Rosen, P.C. Can Help
As experienced attorneys specializing in claim denials, we at Polsky, Shouldice & Rosen, P.C., understand the nuances of these cases. We can assist you in several ways:
- Evaluating Your Claim: We will review the details of your claim and the reasons for denial, offering a professional assessment of its validity and the best course of action.
- Gathering Evidence: We can help in compiling the necessary documentation and evidence to support your claim, enhancing the chances of a successful appeal.
- Navigating the Appeals Process: We are well-versed in the appeals procedures of various policies and can guide you through each step, ensuring all deadlines and requirements are met.
- Representing You in Disputes: If your claim requires negotiation or litigation, we are prepared to represent your interests assertively and effectively.
A claim denial is not the end of the road. With the right approach and assistance, you can challenge the decision and work towards a favorable outcome. We at Polsky, Shouldice & Rosen, P.C., are committed to supporting our clients through this challenging process. If your claim has been denied, we encourage you to reach out to us. Together, we can evaluate your case, strategize an appropriate response, and take the necessary steps to protect your rights and interests.
FAQs About Workplace Injuries
What should I do immediately after a workplace injury in New York?
After sustaining a workplace injury in New York, your first step should be to seek medical attention, even if the injury seems minor, as some symptoms might not be immediately apparent. Subsequently, report the injury to your employer as soon as possible, ideally in writing, to create a record of the incident. New York State law requires this report to be made within 30 days of the accident. Documenting the incident, including taking photographs if applicable and noting any witnesses, is also crucial. These initial steps are vital for your health and for any future workers’ compensation claim.
How does workers’ compensation work in New York?
Workers’ compensation in New York is designed to provide benefits to employees who are injured or become ill as a direct result of their job. This program, mandated by state law, covers medical expenses, a portion of lost wages, and rehabilitation costs. To receive these benefits, you must file a workers’ compensation claim with your employer, and the injury or illness must be directly related to your job. It’s important to note that these benefits are provided regardless of who was at fault for the injury. However, accepting workers’ compensation usually means you cannot sue your employer for the injury.
Can I sue my employer for a workplace injury in New York?
In most cases, New York’s workers’ compensation laws prevent you from suing your employer directly for a workplace injury. Workers’ compensation is typically considered an exclusive remedy, providing benefits regardless of fault. However, there are exceptions, such as in cases of intentional harm or gross negligence. Additionally, if your injury was caused by a third party (someone other than your employer or a co-worker), you may have the right to file a personal injury lawsuit against that party. It’s advisable to consult with a legal expert to understand the specifics of your situation.
What if my employer does not have workers’ compensation insurance?
In New York, most employers are required to have workers’ compensation insurance. If your employer does not have this insurance, you may still be able to receive compensation for a workplace injury through the New York State Uninsured Employers Fund. Additionally, employers who fail to carry workers’ compensation insurance may face severe penalties, including fines and criminal charges. If you find yourself in this situation, it’s essential to seek legal advice to explore all available options for compensation.
Are all employees in New York covered by workers’ compensation?
Most employees in New York are covered by workers’ compensation insurance from the first day of their employment. This includes part-time and full-time employees, and in most cases, even temporary and seasonal workers. However, there are some exceptions. For instance, independent contractors, volunteers, and certain types of workers like those in specific agricultural or domestic roles may not be covered. It’s important to clarify your status with your employer and understand your rights under New York labor laws.
Polsky, Shouldice & Rosen, P.C. New York Workplace Injury Lawyers
500 Merrick Road, Rockville Centre, NY 11570
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If you were injured at work, you have the right to file a workers’ compensation claim. The New York workplace injury lawyers from Polsky, Shouldice, & Rosen, P.C. have helped many workers like you obtain compensation for their injuries and want to help you get justice; call us today to schedule a free consultation.
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You should not have to go through the ordeal of a workplace injury on your own. Legal assistance is available for you so you can expedite your healing so you can improve your ability to work and take part in your daily activities. Get the financial compensation you deserve by making a free appointment with a workplace injury lawyer that New York residents trust today.
“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.”