NY Workers Compensation Lawyer
How to file a workers’ compensation claim?
Imagine you are walking through the office with your coworkers. You both are chatting and you don’t notice that the floors are wet in the hallway. Your dress shoes slip on the wet floor and you fall and sprain your wrist. You have to go to the doctor’s office and they put your wrist in a brace making it impossible for you to type for three days. In this situation, you need to file a claim to receive workers’ compensation for your doctor bill and prescription pain medications. In this article, a NY workers compensation lawyer will walk through how to file a simple workers compensation claim.
Report Your Injury
The first step when filing a workers’ compensation claim is to report your injury. This needs to be done in a timely fashion. Many states have time limits on when you can file your claim. For most states the deadline is thirty days, however, some states can be as short as just a few days while others the deadline can be up to a year. Your NY workers compensation lawyer will know what the rules are for any New York work injury claims.
In any case, it is best to report your injury as soon as possible. Reporting right away prevents any issues with your employer question your claim or if the insurance companies for some reason question your claim. Plus, the sooner you file your claim, the sooner you will receive your benefits.
Regardless of when you report your injury, you need to receive medical attention right away if needed. Don’t wait until you receive your workers’ compensation benefits if your injury requires immediate attention.
File a Claim
Once you’ve reported your injury, your employer will give you the necessary forms you’ll need to fill out. Timeliness is also key when filling out the paperwork. Your employer will generally file these forms for you, but in case they do not, you can file them at your state’s workers’ compensation agency.
What Happens Next?
After your claim has been filed, the insurance company will conduct an investigation to confirm or deny your claim. This is why it’s so important to file your claim in a timely fashion. This investigation can take anywhere from two to four weeks. If approved, you will receive your workers’ compensation benefits. If you haven’t heard from the insurance company in the state time (2-4 weeks), then you can assume your claim was approved and you should start expecting to receive benefits.
If your claim is denied, then you may need to reach out to a workers compensation lawyer in NY to help you file an appeal.
Common Reasons for Claim Denials
If your workers’ compensation claim was denied, or you’re considering filing a claim, you may be wondering why claims are often denied. Understanding what those reasons are and avoiding them can provide your claim with a better chance of being accepted. If you were seriously hurt at work, you can call us at Polsky, Shouldice & Rosen, P.C. for assistance. A skilled workers’ compensation lawyer from our firm can review your case at no charge and determine if we may be able to help you get the benefits you deserve.
Workers Compensation Claim Submission Deadline
One common reason for an injured worker to have their claim denied is that they file past the deadline. Once a worker gets hurt on the job, they have a limited amount of time in which to file their workers’ compensation claim. That time limit varies by state so it’s important to understand how it will apply in your case. At Polsky, Shouldice & Rosen, P.C., we can submit your New York workers compensation claim on your behalf with all of the necessary documentation and make sure that all deadlines and other requirements are met.
Many injured New York workers are mystified that their claim was denied after suffering a serious injury at work. The workers’ compensation insurance carrier might have told them that there was insufficient proof offered that the injury occurred where and how the worker claimed.
At Polsky, Shouldice & Rosen, P.C., we’re very familiar with this scenario. When we accept a client’s case for a workers compensation claim, we make sure that it includes proof of the injury with documentation from a medical expert as well as test results and any other relevant information.
Depending on the nature of the case and the circumstances of the accident, we might also include witness testimony. If the claim is still denied after we submit sufficient documentation, we are prepared to file a damage lawsuit against the parties responsible for our client’s accident and resulting injury.
If the injury you sustained at work is considered minor by your employer, or their workers’ compensation carrier, your claim may be denied. If you believe that your injury is more serious than they say, you may have to seek expert medical advice to provide proof. However, they will likely require you to see one of their pre-approved doctors and if the doctor determines your injury is minor, you may have to pay for that medical visit.
In most cases, if you file a workers’ compensation claim without providing proof from their own doctor that your injury deserves benefits, your claim will be denied. If your own medical doctor provides a diagnosis that your injury is indeed serious, give our office a call. We may be able to file a claim that encompasses alternate proof that your injury should be covered by their insurance. Our New York workers compensation lawyers work with a number of experts, including medical doctors, who can provide testimony in support of our client’s claims, when appropriate.
Hiring a NY workers compensation lawyer might seem like an intimidating process, but if you’ve been injured on the job, it’s something to seriously consider. Workers’ compensation policies are intended to protect both injured employees and their employers. When a workers comp program operates as intended, it certainly can provide protection. However, as a seasoned NY workers compensation lawyer would be able to attest, injured workers may have trouble navigating the regulations and protocols of their employer’s workers comp plan.
Injuries and Illnesses Sustained on the Job
Certain industries and professions inherently present higher risks for workers — it’s no surprise that workers in these jobs often have the highest number of workers comp claims. Individuals working in the construction and manufacturing industries are more prone to injuries sustained from falls, collisions with large objects, and contact with hazardous materials.
It’s still very common for individuals in other industries to sustain injuries in accidents or through repetitive motions. Any business that contains a storage room or small warehouse, for example, might present risks if items are stacked on high shelves. Carpal tunnel syndrome is typically defined as a repetitive stress injury and it’s something that often affects office workers. Even if your profession is not inherently dangerous, there’s no reason to hesitate to contact a NY workers compensation lawyer if you’ve been injured on the job.
Not All Job Injuries Are Caused by Accidents
While many people imagine injuries from work accidents when they hear about workers’ compensation claims, there are also benefits available to those workers who suffer health conditions or diseases that were caused by job-related duties. One of the most common injuries that a NY workers comp attorney knows occurs to workers is carpal tunnel syndrome.
Carpal tunnel syndrome is a condition that develops in the hand and wrist. It occurs when one of the major nerves that run through the hand – the median nerve – becomes compressed or stretched and becomes damaged. Carpal tunnel syndrome is classified as a progressive injury. This means that if the condition is not addressed and treated, it will continue to worsen over time. If the worker receives no treatment for the condition, permanent damage can occur to the nerve.
Some of the more common symptoms of the condition include the following:
- Burning sensations
- Pain that runs up the forearm to the shoulder
- Tingling that runs up the forearm to the shoulder
- Weakness in the hand
- Clumsiness in the hand
What Type of Work Can Cause Carpal Tunnel Syndrome?
Carpal tunnel develops when a person does the same motion repeatedly. That repetitive motion ends up causing trauma to the nerves. Therefore, any occupation that requires a worker to move their hands and/or wrist in the same motion over and over again throughout their work shift puts that worker at high risk of developing carpal tunnel.
Our NY workers comp attorney has successfully represented many clients who have come to our firm after developing carpal tunnel syndrome because of their job. Some of the more common job duties required by the clients that we have represented include:
- Assembling parts in a manufacturing plant
- Cutting hair
- Keying or typing on a computer
- Painting and other types of construction work
- Scanning at a cash register
- Scrubbing motions, such as custodial and/or housekeeping
New York workers’ compensation law does recognize carpal tunnel syndrome and other types of repetitive motion injuries as valid injuries that entitle workers to receive benefits for medical expenses and wages if the worker is unable to work or the condition limits the type of worker the employee can perform.
The amount of time the worker can collect benefits depends on a number of factors, depending on how extensive the damage is, whether the condition will heal and whether the worker has suffered permanent damage. In some cases, the worker may not be able to return to the type of work they were doing and may also be limited to only occupations where there will not be the same type of motion required. A NY workers comp attorney from our firm can determine what type of benefits you may qualify for based on the circumstances of your particular case.
How a NY Workers Compensation Lawyer May Be Able to Help
Workers who are injured on the job have legal protections to ensure that they are not placed at a disadvantage due to their injury. While it’s never required to hire a workers compensation lawyer in NY to assist with a workers comp claim, there are many reasons why individuals choose to do so.
Injured workers may reach out to an attorney simply to learn more about the protections they may have through workers’ compensation. Each state has its own legislation that regulates workers comp policies, and it’s easy to get confused about which regulations may apply in your own case.
In other situations, an injured worker might run into problems with his or her employer. Employers with workers comp policies are required to file all necessary paperwork when an injured employee wishes to make a claim. Employers are also required to provide fair treatment to their employees who have made claims. It may be wise to seek an attorney for counsel when an employer disputes a claim.
If a claim is completely denied, it still may be possible to file an appeal. An attorney may be able to help with the appeals process by filling out all necessary paperwork and by collecting supporting evidence.
Contact Polsky, Shouldice & Rosen, P.C.
If your workers’ compensation claim was unfairly denied, or you would like assistance from a legal professional to file a claim, call us for a free consultation with a trusted NY workers’ compensation lawyer.
If you would like to speak with a workers compensation lawyer NY residents trust, call Polsky, Shouldice & Rosen, P.C. today. Our team of lawyers is experienced when it comes to handling workers’ compensation cases for individuals throughout the New York metro area. Our four locations make it easier for our clients to speak with an attorney close to them, and our team is equipped with a diverse array of litigation experience.
“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.”