NY Workers Compensation Lawyer

NY Workers Compensation Lawyer

Settling a workers’ compensation case and understanding when to seek legal assistance can be crucial for anyone involved in a workplace injury or illness. This comprehensive guide will cover the typical duration of settling a workers’ compensation case and common reasons to seek a workers’ compensation lawyer, particularly highlighting the services we can provide you with at Polsky, Shouldice & Rosen, P.C.

As a NY workers compensation lawyer knows, there is a large and complex network of laws that were created to ensure that workers who are injured or ill while employed can have access to monetary benefits. At Polsky, Shouldice & Rosen, P.C, we understand that navigating the complexities of workers’ compensation can be overwhelming. That’s why our team of experienced workers’ compensation accident lawyers is here to guide you through the process. Review the specific New York laws explained below related to workers’ compensation, shedding light on your entitlements and how our legal experts can assist you.

Understanding Workers’ Compensation In New York

New York has a set of workers compensation laws designed to provide benefits to workers who have suffered an injury or illness while on the job, as well as cover related costs for employers. The essence of this law is to ensure that injured workers receive medical care and compensation for lost wages without having to prove fault. This no-fault system is designed to expedite the process and alleviate the burden of costly litigation.

New York’s workers’ compensation law Section 10 mandates that virtually all employers in the state provide workers’ compensation coverage for their employees. This law ensures that injured workers, regardless of the size or type of their employer, have access to the necessary benefits, including medical care and wage replacement, if they suffer an eligible injury in the course of their employment. We know that this law plays a critical role in safeguarding your rights as a worker, so we are committed to providing the legal assistance necessary to protect you. 

New York Workers’ Compensation Law Section 15: Medical Treatment And Care

Under New York workers’ compensation law Section 15, injured employees have the right to receive prompt and appropriate medical treatment and care for work-related injuries. This law ensures that medical expenses related to the injury are covered by the workers’ compensation system, alleviating the financial burden on the injured worker. Clients can expect skilled workers compensation lawyers familiar with this section to fiercely advocate for them by reviewing the necessary expenses and preparing a strong case. 

Navigating The New York Workers’ Compensation Board

One key component of the New York workers’ compensation system is the Workers’ Compensation Board. This administrative body oversees claims and disputes, striving to ensure fairness and efficiency. If you intend to pursue a claim, abiding by the board’s policies and deadlines is essential. Failure to do so may jeopardize your benefits. Our accident lawyers have a deep understanding of the board’s regulations and can help you navigate this process effectively.

What Benefits Come From Workers Compensation

When discussing the benefits of workers’ compensation, it’s crucial to understand its impact on both employees and employers. As a NY Workers Compensation Lawyer at Polsky, Shouldice & Rosen, P.C., we have extensive experience in navigating the complexities of workers’ compensation claims and ensuring that our clients receive the benefits they are entitled to. This article aims to elucidate the various advantages of workers’ compensation.

Medical Benefits and Care

One of the primary benefits of workers’ compensation is that it covers medical expenses for injuries or illnesses sustained at the workplace. This coverage includes hospital visits, medical treatments, prescriptions, and sometimes even transportation costs to and from medical facilities. As legal professionals, we at Polsky, Shouldice & Rosen, P.C., emphasize the importance of understanding that these benefits are designed to ensure that an injured worker receives necessary medical care without the burden of the costs.

Disability Benefits

Workers’ compensation provides disability benefits, which are crucial for employees unable to work due to their injury or illness. These benefits are categorized into four types: temporary total, temporary partial, permanent partial, and permanent total disability. Each category addresses different levels of incapacity and loss of earnings. As experienced NY Workers Compensation Lawyers, we guide our clients through the process of claiming these benefits, ensuring they understand their rights and the compensation they deserve.

Rehabilitation and Retraining

In cases where an injury prevents an employee from returning to their previous job, workers’ compensation may cover rehabilitation and retraining costs. This aspect of workers’ compensation is particularly beneficial as it helps injured workers to reintegrate into the workforce, possibly in a new capacity that accommodates their physical abilities post-injury.

Death Benefits

In the unfortunate event of a work-related death, workers’ compensation provides benefits to the dependents of the deceased. These benefits typically include a portion of the worker’s earnings and cover funeral expenses. At Polsky, Shouldice & Rosen, P.C., we understand the emotional and financial toll such events can take on a family, and we strive to ensure that they receive the support they need during such difficult times.

Legal Protection for Employers

Workers’ compensation also offers benefits to employers. It provides a degree of legal protection, as employees receiving workers’ compensation benefits typically cannot sue their employer for injuries sustained. This system creates a more straightforward and less adversarial process for handling workplace injuries.

Promotes a Safer Workplace

Finally, the existence of workers’ compensation encourages employers to maintain a safer workplace. Knowing that they are liable for workplace injuries, employers are more likely to implement safety measures and training programs to prevent accidents and illnesses.

In conclusion, workers’ compensation is a vital aspect of the employer-employee relationship, offering significant benefits to both parties. It ensures that injured workers receive the care and support they need while providing legal protection and incentives for safety to employers. At Polsky, Shouldice & Rosen, P.C., we are committed to helping our clients navigate the complexities of workers’ compensation claims. If you or someone you know has been injured at work, do not hesitate to contact us for professional legal assistance.

Accepted Injuries For Workers Compensation

Understanding the scope of injuries accepted for workers’ compensation benefits is crucial for employees and employers alike. As NY Workers Compensation Lawyers at Polsky, Shouldice & Rosen, P.C., we have extensive experience in guiding clients through the often complex landscape of workers’ compensation claims. This article aims to provide a comprehensive overview of the types of injuries typically covered under workers’ compensation.

Physical Injuries

Physical injuries are the most recognized category under workers’ compensation. These include but are not limited to:

• Traumatic Injuries: Such as fractures, burns, or cuts sustained in workplace accidents.
• Repetitive Stress Injuries: Resulting from repetitive motions, like carpal tunnel syndrome.
• Occupational Illnesses: Such as lung diseases in miners or chemical exposure-related conditions.

These injuries are often visible and quantifiable, making them relatively straightforward in terms of workers’ compensation claims.

Psychological and Stress-Related Injuries

Workers’ compensation also recognizes psychological injuries that can result from workplace activities or environments. These include:

• Work-Related Stress: Leading to conditions like anxiety or depression.
• Post-Traumatic Stress Disorder (PTSD): Especially in professions with high exposure to traumatic events.

It’s important to note that proving psychological injuries can be more complex, as they require clear evidence linking them to the workplace.

Occupational Diseases

Occupational diseases are conditions developed over time due to exposure to harmful substances or environments in the workplace. Examples include:

• Asbestos-Related Diseases: Like mesothelioma among construction workers.
• Skin Diseases: Caused by chemical exposures.

Such diseases are covered under workers’ compensation, provided there is a direct correlation between the disease and the workplace exposure.

Aggravation of Pre-existing Conditions

Workers’ compensation may also cover the aggravation of pre-existing conditions if the workplace activity exacerbates an existing medical issue. However, distinguishing between the pre-existing condition and the aggravation due to work can be complex.

Cumulative Trauma Injuries

These are injuries that develop over time due to repetitive activities or prolonged exposure to harmful workplace conditions. Examples include back injuries from constant lifting or hearing loss due to prolonged exposure to loud noises.

Death

In the unfortunate event of a death resulting from a work-related injury or illness, workers’ compensation provides benefits to the dependents of the deceased worker.

At Polsky, Shouldice & Rosen, P.C., we emphasize the importance of understanding the range of injuries and conditions covered under workers’ compensation. Each case presents its unique challenges, and the complexities of workers’ compensation law require skilled navigation. Our team of experienced NY Workers Compensation Lawyers is adept at handling a variety of claims, ensuring that our clients receive the compensation they deserve.

If you or someone you know has suffered an injury or illness related to their work, it’s crucial to seek legal advice promptly. We encourage you to contact us at Polsky, Shouldice & Rosen, P.C., where our team is ready to provide the guidance and support needed to navigate your workers’ compensation claim. Remember, protecting your rights and well-being is our top priority.

How Long Does a Workers’ Compensation Case Take To Settle

Settling a workers’ compensation case and understanding when to seek legal assistance can be crucial for anyone involved in a workplace injury or illness. This comprehensive guide will cover the typical duration of settling a workers’ compensation case and common reasons to seek a workers’ compensation lawyer, particularly highlighting the services we can provide you with at Polsky, Shouldice & Rosen, P.C.

Factors Influencing the Timeline

Settling a workers’ compensation case varies in duration, depending on several factors:

• Complexity of the Case: More complex cases involving severe injuries or disputed claims may take longer.
• Medical Treatment Duration: Settlements often wait until the claimant reaches maximum medical improvement (MMI).
• State Laws and Procedures: Each state, including New York, has specific laws and timelines affecting the settlement process.
• Insurance Company Negotiations: The willingness of the insurance company to negotiate can impact the timeline.

Typical Timeline

While it’s challenging to pinpoint an exact duration, a general timeline can be outlined:

• Claim Filing: Immediately after the injury.
• Medical Evaluation and MMI: Can take weeks to months.
• Negotiation Phase: Varies, but may take several weeks to months.
• Final Settlement: Once an agreement is reached, the paperwork and final approvals can add additional weeks.

Importance of Legal Assistance

Having a competent NY Workers Compensation Lawyer, at Polsky, Shouldice & Rosen, P.C., can streamline this process. We can negotiate effectively and expedite settlements, ensuring you receive fair compensation in a timely manner.

NY Workers’ Compensation Law Statistic

According to the Bureau of Labor Statistics, there are an estimated 3.8 million workers’ compensation claims filed each year in the U.S.

• The average workers’ compensation claim costs $30,000.
• The most common types of workers’ compensation claims are injuries to the back, neck, and head.
• Workers’ compensation benefits can include medical care, lost wages, and vocational rehabilitation.

Workers Compensation FAQs

If you need a NY Workers Compensation Lawyer, the professionals at Polsky, Shouldice & Rosen, P.C. are standing by to help you file your claim and get the compensation you need to get your life back on track. You shouldn’t have to suffer if you were hurt on the job, and you shouldn’t be afraid to ask questions. Read on to learn more about workers’ compensation, and see how the right workers’ compensation lawyer can make all the difference.

Where do workplace accidents happen?

It’s a common misconception that if you’re injured on the job, you need to be working in a high-risk field such as construction, manufacturing, or anything else that requires heavy machinery. Many workplace accidents happen in offices and retail spaces, and with 54% of Americans trying to continue working from home after the pandemic, workplace accidents even happen in your own home.

What is the coming and going rule?

The coming and going rule means you can’t file a workers’ compensation claim if you were injured coming to work or going home after work. However, with more and more people working form home, the home can qualify as a second workplace. If you’re driving back from work to continue working at your house, you could be covered by workers’ compensation for any injuries you experience during this commute.

Are dog bites covered by workers’ compensation?

Yes. This question may seem strange, but with dog-friendly offices quickly becoming the norm, it’s important to remember that dog bites can cause serious injury – and you shouldn’t be left paying out of pocket because of someone else’s poorly trained dog. Dog bites in the office are covered by workers’ compensation, but you still need to prove you were clocked in and performing company-related tasks at the time of your injury.

What happens if I did not report my injury?

As with a car accident, it’s important to report your workplace injury as soon as possible. There’s always the chance of an injury fading away, only to resurface in a couple of months. The more time that passes between your accident and your accident report, the harder it will be to secure workers’ compensation. Fortunately, you can count on a NY workers’ compensation lawyer to help you move forward with your case.

What should I look for in a workers’ comp lawyer?

Sadly, most lawyers are only in it for a paycheck. When you’re shopping for workers’ compensation lawyers, you need to make sure you’re getting in touch with a lawyer who really has your best interests in mind, rather than how much you can pay them. Make sure a workers’ compensation lawyer offers free consultations and personalized case management, and you’re already halfway there.

Schedule Your Consultation Today

NY Workers Compensation Lawyers play a pivotal role in navigating the complexities of workers’ compensation claims, ensuring that injured workers receive the benefits and support they are rightfully entitled to. At Polsky, Shouldice & Rosen, P.C., our team of experienced attorneys brings a wealth of knowledge and dedication to each case, offering personalized legal assistance to those affected by workplace injuries. We are committed to advocating for our clients’ rights, guiding them through every step of the claims process, and striving for the best possible outcomes. Our expertise in workers’ compensation law ensures that our clients can focus on their recovery, confident in the knowledge that their legal matters are in capable hands.

Client Review

“Polsky , Shouldice and Rosen is a competent law practice that delivers results. The office is always clean and inviting, and the staff is pleasant. They have parking in the back which makes things that much easier. I was lucky enough to have Adam L Rosen represent me in a workers compensation case. Adam Rosen is a pleasant, down to earth and respectful individual. As for my case, he and his staff took care of everything, kept me informed and made the experience stress free along the way. Most importantly, he and his law firm delivered a relatively good result. I hope this review helps someone looking for a good lawyer.”
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