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.
New York Workplace Injury Lawyer
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 Types of Injuries in the Workplace
Injuries sustained in work environments can range from mild to severe. A workplace injury is defined as an injury that occurred while one is at the work site and conducting their designated occupational tasks. Some common injuries are slip and falls, tripping over objects, stress injuries caused by repetitive movements, falling objects, machinery malfunctions, and exposure to harmful chemicals. Most of these injuries, sometimes even psychological trauma, may be covered by workers’ compensation.
How Do I Know if My Accident is Covered?
Workers’ compensation grants protection to workers in the event of a work-related accident. However, not every injury will result in workers’ compensation benefits being distributed. Some cases involve legal complexities that may be tough to evaluate without a professional opinion. For some individuals, such as those with pre-existing conditions, it may be more difficult to file a claim for a workplace injury. An employer may attempt to argue that an injury was a result of a pre-existing condition. To find out if your workplace accident is covered, it may be beneficial to get the assistance of a lawyer who can help you with filing a claim correctly.
Sit Down With Attorney Adam Rosen to Discuss Facets of Modern Workers’ Compensation Cases:
Here are some of the most common injuries in the workplace.
Some occupations, like delivery driving and bus driving, require employees to operate a vehicle on a daily basis. If they aren’t cautious while behind the wheel, they’re in danger of getting into accidents. Collisions with other vehicles can lead to traumatic brain injuries, spinal cord injuries, broken bones and other severe injuries. It’s important for employees to receive proper training on how to operate the company vehicle before they get behind the wheel. There are different reasons, as to why vehicle accidents end up happening. However, some of the most common examples pertain to accidents, focusing on tailgating, running through traffic lights, as well as road rage. It is important to talk about each. When it comes to tailgating, this is when someone is trying to get ahead of an individual, through trying to get them to speed up and move faster. The reason that the driver does is because they may feel as if the driver is moving too slowly, and the aggressive driver might be in a hurry to get somewhere. The reason why this can end up being an issue, is because if the driver that is being tailgated has to make a sudden stop, a vehicle accident can happen. Moreover, this can be even more severe, if there is traffic ahead of the car that is being tailgated. In other words, a pile up could happen, causing more severe injuries, car damage, and even death These are some factors to take into consideration. The reason why, is because although people know the rules of the road, sometimes, they will not always follow them.
In factories, employees use various heavy machines every day. While these machines help them complete their tasks more efficiently, they can increase the risk of life-threatening injuries if not used correctly. They are at risk of getting their fingers, clothes, and hair caught in a machine. To minimize these accidents, it’s important for employees to avoid wearing loose clothing and jewelry and put on protective equipment. One of the reasons why machine entanglement issues happen, is because of a lack of safety, when it comes to machinery within the workplace. One of the strongest examples of this, would be unclear or vague instructions, when it comes to how to operate machinery properly, without sustaining injury. For example; let’s say that someone is working a machinery that involves processing and working with tems, that have a strong focus on furnace disposing. This can be a very dangerous job, which could lead to injuries, if there are no instructions about keeping distancing from the flame even when working with certain items, and more. While being burned by a furnace is not entanglement, it is still an example of the consequences that can take place, where there is a lack of quality control and proper aspects pertaining to instructions, when it comes to business and company work, that focuses on operating machinery.
Repetitive Motion Injuries
Repetitive motion injuries are temporary or permanent injuries to the muscles, nerves and ligaments in the hands and wrists. They occur when workers repeat the same movements over and over. These injuries are more common among assembly line workers, cashiers and office workers. New York workplace injury lawyers know it’s critical for employers to show workers how to use ergonomic equipment properly to reduce the risk of these injuries.
Slip and Fall Accidents
Slip and fall accidents are especially common in employee break rooms. Employees may spill water, juice, or other liquids on the floors and forget to clean it up. When this happens, others are in danger of slipping and falling and getting seriously hurt. Employees should take the time to clean up their spills immediately to prevent these types of accidents.
Falling Object Injuries
These types of injuries occur when objects fall from shelves and hit employees. Head injuries are one of the most common injuries that result from falling objects. Items should be secured carefully on shelves and employees should wear protective gear like hard hats to protect themselves. Examples of falling objects would be those that happen at construction sites. Some examples would be concrete falling from a height and causing injury, steel bars becoming loose and falling below, which can injure workers that are working at ground level, and more.
Falling from Heights
These types of accidents occur on elevated areas, such as ladders and roofs. Employees who fall from high areas are in danger of suffering traumatic brain injuries and other life-threatening injuries. To avoid these accidents, workers should wear the proper gear and exercise caution when working on elevated areas.
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:
#1. 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.
#2. 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.
#3. 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.
#4. 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
Reasons Why Claims Are Denied
One of the New York workplace injury lawyers from our firm can explain to you that when an employee is injured at work, they can file for workers’ compensation benefits for medical expenses and partial replacement wages while they recover. Many workers’ compensation claims are approved, however, there are also a large number of claims that are denied. It is important to remember that the more serious the injury, the more complex the claim, and that puts the claim at an even higher risk of being denied. The following are the most common reasons why claims are denied.
The Employee Failed to Report the Injury Within the Required Time
Each state has its own rules and regulations regarding the workers’ compensation process, including how long an employee has to report the injury to his or her employer. If the employee fails to notify their employer within the required time, the claim could be denied. This is why an injured employee should report the incident immediately, making sure that they follow whatever procedure the employer has in place.
The Injury Occurred Somewhere Other Than Work
A claim could be denied if the incident that caused the injury did not occur at the workplace. However, there are exceptions. If the employee was away from the work site but was performing duties related to their job when they were injured, then they would qualify for benefits. Another example would be if the employee was traveling for their job and was injured.
The Employee Had a Pre-Existing Condition
If the worker had a pre-existing condition, the workers’ comp claim may be denied. For example, if the employee had a history of back issues but injured their back on the job, the insurance company could attempt to deny the claim by saying the injury was not a new injury. New York workplace injury lawyers know that if the accident aggravated the prior condition, the employee would likely qualify for benefits.
There Were No Witnesses to the Event That Caused the Injury
When there were no witnesses to the accident that injured the employee, the insurance company may try to deny the claim by alleging the employee has filed a fraudulent claim. The workplace injury lawyers at our firm have successfully represented many clients who were injured in accidents without supervisors or other employees present.
The Employee Was Under the Influence of Alcohol and/or Drugs or Was Otherwise Engaged in Unsafe Behavior
If the employee was under the influence of alcohol or drugs or they engaged in dangerous or forbidden behaviors, their claim will be denied. When an employee puts themselves in a position where they can get themselves injured, the employer and the insurance company are not liable for the injury and no benefits will be paid.
What Can an Employee Do If Their Claim Is Denied?
Unless the employee was engaged in dangerous behavior or under the influence, there are steps an injured worker can take if their claim is denied. This is where having a skilled lawyer can make all the difference. Having one of our New York workplace injury lawyers advocating for you minimizes the chances your claim will be denied, but if it is, your lawyer can file an appeal with the state’s workers’ compensation board. The board has the power to overturn the insurance company’s decision.
HOW TO CHOOSE THE RIGHT LAWYER?
There are a few elements to look for before choosing the right workplace injury attorney:
- How many years of experience and whether or not they specialize in workplace injuries
- If they have a proven track record of winning cases
- If they’re willing to go to court if it becomes necessary
- Do they and/or their team have enough time to devote to your case
- Do they provide clear communication and set realistic standards
- Do they answer any questions or concerns that you may have
- Is their payment structure adequate for your financial needs
Review Your Case with a Lawyer
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.
See How New York Workplace Injury Lawyers Can Help You!
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.
WHY SHOULD YOU CALL A WORKPLACE INJURY LAWYER?
Workplace accident cases can be tricky even if you and your employer are on good terms. Sometimes you’ll want to hire an attorney simply to help fill all your necessary paperwork and ensure your case meets the proper guidelines. However, sometimes you need an attorney to help if your case gets denied or if your employer or insurance company is unwilling to negotiate. It’s not uncommon, for example, for a claim to get denied even when a worker is qualified for compensation. For example, an insurance company may try to argue out of bad faith, blame the worker for the injury, or minimize the damage caused.
HOW MUCH DOES A WORKPLACE INJURY LAWYER CHARGE?
It’s natural not to want to hire a lawyer to help manage your workplace injury case due to not wanting to spend money. However, in many cases, instead of an attorney charging an hourly rate, flat fee, or retainer fee, they charge a contingency fee instead. This contingency fee means they take a percentage of the final settlement or court award and only if they win the case. This percentage can range. In New York, however, this percentage is typically around 10 – 15%.
WILL MY CASE GO TO COURT?
The suitable attorney will have experience settling out of court and going to trial if necessary. The vast majority of workplace injury cases, however, are settled outside of the court system for two main reasons:
- Taking a case to trial takes too much time and money for both parties
- A case that goes to trial can often be unpredictable for either party
Due to these two reasons, an employer and insurance company will prefer to settle before a case ever ends up in court. Occasionally, however, a case can go to court.
WHAT CAN A CASE COVER?
Following a workplace injury, you might be eligible for different expenses like:
- Lost wages, including job rehabilitation
- Disability benefits
- Medical expenses, including emergency room visits, ambulance rides, prescriptions, surgeries, etc.
- Any future medical treatment like physical therapy
- In the case of death, funeral expenses and death benefits paid out to the victim’s family
Unfortunately, some states don’t require workers’ compensation for jobs like real estate agents, farmhands, casual workers, or insurance agents. By working with the proper attorney, they can help determine precisely if you qualify and what your case might cover.
Polsky, Shouldice & Rosen, P.C. New York Workplace Injury Lawyers
500 Merrick Road, Rockville Centre, NY 11570
Schedule a Risk-Free Consultation
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.”