On The Job Injury Attorney Hauppauge, NY On The Job Injury Attorney Hauppauge, NY

Have you been injured while working at your job in New York? If so, an on the job injury attorney Hauppauge, NY has to offer would like to speak with you. Call Polsky Shouldice & Rosen PC, right now.

In a perfect world, no one would be injured while working; however, accidents do happen. Regardless of whether you were injured due to the nature of the job scope, negligent actions of another coworker, or a freak accident, workers compensation benefits may be available.

New York laws mandate that every employer must have workers compensation insurance. In the event a worker is injured, or becomes ill, and will need time off work to recover, he or she can file a claim with the insurance company to receive compensation benefits. Depending on the facts of the case, and the applicable laws, these benefits may cover your medical care, lost wages, and in some cases, your travel costs. If you would like to speak with an on the job injury attorney Hauppauge, NY resident’s trust, please call our firm now.

The Legal Process

In order to recover maximum benefits, you will likely need the advice of an experienced on the job injury attorney Hauppauge, NY provides. A lawyer can explain your rights and how to take advantage of each and every one. A lawyer might also review your case to determine whether there are any further legal options. For example, in some cases, an injured worker can file for workers compensation along with a personal injury claim.

New York Workers Compensation

If you’ve been injured while working, the first source of compensation will be to file for workers comp benefits. This process will involve the following steps:

  • Get medical attention
  • Tell your doctor the incident happened at work
  • Notify your employer about the injury
  • File a workers compensation claim by filling out a special form
  • Save all of your medical bills and other related invoices
  • Call an on the job injury attorney in Hauppauge, NY

Workers compensation benefits are meant to cover medical care and lost income due to being unable to work. Unique to this form of compensation is that it is available regardless of who is at fault.

Unfortunately, it can be difficult to recover all of the benefits you are entitled to. This could be a result of an improper denial of a claim or unreasonable expectations from the insurance company or your employer. It can help to have an on the job injury attorney Hauppauge, NY recommends on your side.

Personal Injury Lawsuits in Addition to Workers Comp

It is possible for some injured NY workers to file a personal injury lawsuit. This pathway is not often available, unless at least one of the following applies to your case:

  • The employer does not have workers compensation insurance
  • A third party is responsible for your injury

Preexisting Conditions May Complicate Workers’ Compensation Claims

Suffering an injury at work may seem pretty cut-and-dry. You fell on your knee when you slipped on a slippery floor. All of your medical treatment should fall under workers’ compensation, correct? While this may be true in most cases, the entire process may come to a screeching halt if you have had any other injuries or conditions associated with the knee. These preexisting conditions may make the administration of benefits tougher, and the amount of money spent on your treatment may be much less in some cases.

Defining Preexisting Conditions

In the above scenario, the knee you fell on may have been the same one you injured in a car accident a decade ago. That injury resulted in surgery and physical therapy. While the knee healed, a re-injury could make treatment more difficult since there is likely now scar tissue in the area. A preexisting condition is any previous trauma, illness, or injury to an affected area. An on the job injury attorney Hauppauge, NY can examine your prior medical history and be prepared to manage anything that could put your current claim into question.

Prior Workers’ Compensation Claims

If a previous injury also occurred while on the job, your current employer and workers’ compensation carrier may have access to those records, even if the injury occurred years ago. These records may reveal pertinent information such as:

  • Course of treatment
  • Money paid in benefits
  • Resulting in permanent disability assigned

The last element, the permanent disability assigned, maybe the most telling to the current adjuster. When an injury happens, a claimant receives treatment for as long as the physician prescribes. After treating for a while, the physician may determine that the body part is not going to improve past its current point, and may assign a permanent disability rating to the body part. This means that instead of your knee working at full capacity, it will now only function at 90%. This rating may become vital in determining how much your current claim will pay. A trusted on the job injury attorney Hauppauge, NY will examine these records and help you to navigate this complication with your claim.

The Current Claim May Not Pay Out as Much

If the new injury is determined to have aggravated a preexisting one, the workers’ compensation carrier may take the permanent disability rating into account when paying benefits. The adjuster may assume the best-case scenario for your recovery is 90%, and therefore, only pay for treaters to get you to that level at best.

Reinjuring yourself at work can prove problematic for the claims process, but it is not impossible to get the treatment you should. Contacting an on the job injury attorney Hauppauge, NY to advocate on your behalf may prove to be quite helpful in this situation.

If you would like legal advice and assistance with your workers compensation claim, or believe you also have the right to file a personal injury lawsuit, an on the job injury attorney Hauppauge, NY community members rely on, such as Polsky Shouldice & Rosen PC, would like to speak with you.