On The Job Injury Attorney NY
When you’re in need of an on the job injury attorney NY, turn to the team at Polsky, Shouldice & Rosen, P.C. Our team has helped many injured workers recover the compensation they deserve, and we are often asked about the basics of workers’ compensation insurance.
Insurance is a way of life for most. Whether it is automobile insurance or health insurance, the coverage it provides allows people to tap into its resources when an incident arises. Companies, too, may have insurance both on the property and the people who work for them. Workers’ compensation insurance is a policy that covers employees in the event of an accident or illness that is related to work. For more information on what is included and who qualifies under this policy, it is a good idea to become familiar with the ins-and-outs of the process.
Incidents occur that may result in an injury. When they happen at work, an employee may be able to tap into the workers’ compensation benefits carried by the employer. The coverage provided by the insurance carrier may pay for things such as medical treatment, rehabilitation, continuing care, and lost wages. To determine if an injury qualifies for this type of help, the worker must take specific steps. Consult with an on the job injury attorney NY to help you through this process. The team at Polsky, Shouldice & Rosen, P.C. is ready to help.
Reporting an Injury
An employer will not necessarily know that an accident has occurred, much less that it resulted in an injury. Therefore, one of the first things that an injured person must do is tell a supervisor or human resources representative about the accident. This is typically done as a worker’s first report of injury. It is a questionnaire that the employee must answer, and the employer must fill in. In this, the employee must give the details of the incident, including the time and exact location. It is helpful if there was a third-party present that can help add details and provide a statement to support the claim.
Getting Medical Care
A trip to the emergency room, medical clinic or physician is required for a workers’ compensation claim to be filed. Proof of an injury in the form of medical records should accompany the first report of injury. The details given by the medical records may help support that that accident occurred as the employee claimed it did. Be sure to give a copy of the records to your on the job injury attorney NY.
Once the employer gets the report of injury and the employee seeks treatment, a formal claim is filed with the workers’ compensation insurance carrier. This opens the official investigative process. The insurance company will seek witness corroboration and if none, may ask the employer and employee to furnish even more details as to the events surrounding the incident. During the investigation, the insurance carrier may start administering benefits to the employee. These may include further medical treatment and reimbursement for lost wages. These benefits may continue until a medical professional deems the injury is resolved.
Tips from an On the Job Injury Attorney in NY: How to Report Your Workplace Accident
Following a workplace accident, you might be overwhelmed with thoughts. “Was it my fault?” “Were there any witnesses?” “Who should I notify?” “Will I be able to receive workers’ comp?” Asking yourself these questions is absolutely a good idea, but a New York on the job injury attorney would also caution you to do one thing as soon as possible: Report Your Accident.
If you fail to report your accident, you could lose the ability to recover workers’ compensation benefits. In New York, you generally have 30 days to report the accident, injury, or illness. Once it has been reported, you have up to 2 years to file. That said, waiting is generally not recommended.
The First Step is the Most Important
Right after the work accident, it is very important that you report it to someone in management. You can certainly tell your coworkers that you were injured, but if they do not have the authority to document what happened, it may mean nothing. Depending on your workplace structure, you will likely need to report your accident to a manager, supervisor, human resources, or a company owner.
Be sure your report is in writing and not verbal. This will avoid any “he said, she said” conversations later on. Be sure to get at least one copy of the report. You might also consider taking photos and writing down a log of what happened before, during, and after the accident.
Accidents Do Vary
Sometimes an accident is so severe that an ambulance needs to be called. In this case it will likely be obvious that something has gone wrong. If you were taken to the hospital by EMT or ambulance, your employer will likely make a report. Be sure to confirm this as quickly as you can.
Other accidents will not be as obvious. Unless the right people are told, it could go unnoticed. In this case you have to take the first steps. If you have any concerns about this, please call an on the job injury attorney in NY.
When In Doubt, Call Polsky, Shouldice & Rosen, P.C.
After suffering an injury, it might be difficult to focus on anything else except your recovery. With a clouded, or distracted, mind, you could miss important deadlines. Polsky, Shouldice & Rosen, P.C., has put together a simple checklist that provides a general overview of what you should do after an on the job injury.
- Report the incident to management
- Ensure the accident is documented in writing
- Be sure to detail every injury you believe you’ve sustained
- Get medical attention
Point three is critical. For example, if you believe your leg is broken, but your neck is also hurting you, this should be included in your report. Failure to document an injury, or potential injury, could result in a claim denial. In short, be accurate, detailed, and complete.
When it comes to workers’ compensation, there can be many important things to remember. Be sure you know you can reach out to an on the job injury attorney in New York.
Choose the right path for your workers’ compensation case, choose Polsky Shouldice & Rosen PC, an on the job injury attorney New York employees can count on.
In New York, thousands of workers are injured every single year. Although some will only require a few days off from work, there will be those who are so severely injured that several weeks or months are needed to recover. Whenever an on the job injury happens, workers compensation benefits may be available to cover the costs of your medical expenses and a portion of your wages.
Although this process is meant to be relatively easy, an on the job injury attorney New York has to offer might tell you otherwise. Our firm has known of cases that have taken six months to one year to resolve. Although this might not be the typical case, it is certainly a possibility. Should this happen, you might wonder how you’ll pay for your medical care and other costs. Here, at Polsky Shouldice & Rosen PC, we can help you through this process – from start to finish. We’ll answer your questions, and review your case to make sure there are no other routes to recovering compensation. For a consultation with an on the job injury attorney New York provides to injured workers, call Polsky Shouldice & Rosen PC.
Seeking Medical Attention is Vital
As part of the workers compensation process, it is prudent that you seek medical attention immediately after the injury takes place. You should also keep these tips in mind:
- Tell your doctor the injury occurred at work
- Notify your doctor of any pain you are feeling
- Give a detailed account to the doctor and employer about how the injury occurred
If you’re able to do so, you should ask your employer whether there are certain approved doctors who must treat you. Finally, be sure to notify your employer about the injury as quickly as possible. This can be before you get treatment, as long as you’re able to do so, while you are at the hospital, or after. In the event of your incapacitation, a family member or on the job injury attorney New York men and women prefer may be able to help you with the notification process.
What Type of Workers Are Eligible for Workers’ Compensation?
Depending on the work you do, you could be more susceptible to injuries on the job than the next person. Of course, no matter what you do, you expect your employer to create an environment where you can work safely without worrying about your well-being. If you suffer an accident and get hurt, workers’ compensation coverage could be an option. If you’re eligible, you’ll receive payment for your medical costs, including medication, treatments, hospital and doctor’s visits, and everything else related to the incident. However, not all workers can file claims. Consult with an on the job injury attorney New York to see if your employment status and injury, qualify.
If you are employed at your company for at least 40 hours per week, you will be eligible for benefits such as health insurance, life insurance, paid holidays and a retirement plan. You’ll also be able to file a workers’ compensation claim if you’re injured in an accident. An on the job injury attorney New York can help you file this claim whether you’re injured while at work or performing required duties away from the office such as picking up supplies from the store or offsite at a conference or workshop.
If you work less than 40 hours per week, you probably won’t be able to take advantage of many company benefits; however, workers’ compensation will still be open to you. You don’t have to be on the clock for a certain number of hours, nor does it matter how long you’ve been with the company. As long as you are considered an employee, you are automatically eligible.
More and more workers are doing their jobs from home nowadays. If you have this flexible setup, you, too, are eligible for workers’ compensation if you get hurt. In order to file a claim, you must have been hurt while doing your job from a designated office space at home or other off-site location. For example, if you got injured by falling down the stairs at home before beginning work, your claim wouldn’t be approved. An on the job injury attorney New York can examine the particulars of your at-home injury to see what you may be eligible for.
Contractor, Freelancer, Consultant
These three categories are not eligible for workers’ compensation because they are not considered employees of the company. You are lending your expertise to the organization on a project, but you cannot receive company benefits.
When it comes to filing claims for workers’ compensation, you must understand the situations in which you would be protected. If you’re a regular employee, regardless of the number of hours you work or where you work, you have coverage. This should give you peace of mind and confidence to file a claim if you get injured.
Make the Choice to Get Legal Advice
An on the job injury is not the same as an injury sustained in a car accident. Furthermore, the way in which these cases are handled are unique and different from personal injury claims. For example, it is your right to be treated by your own doctor (usually after you’ve been evaluated by an approved physician). You also have the right to take one doctor’s advice over another’s. In the event of your employer, or the insurance company, not being pleased with your choices, an on the job injury attorney New York respects will be there to help you.
Turn to Polsky Shouldice & Rosen PC
Time is paramount. You have a very limited amount of time to recover workers’ compensation benefits. To begin the process on the right start, turn to an on the job injury attorney New York residents appreciate, choose Polsky Shouldice & Rosen PC.
Work Injuries While Traveling
Many people have jobs where they are required to travel. This is true of many industries. For example, an employee may have to travel to meet with a client in another town or another state. This type of required traveling could be anywhere from a day to weeks to months, depending on the situation.An architect may need to spend months in another state to oversee new construction his or her company designed.
Employees who travel are also at risk of a work accident or injury, just like employees who are on site every day. A worker who sustains an injury while on a business trip may be entitled to workers compensation benefits. The claim process, however, may be more complicated for an employee who is injured while traveling. This is why the assistance of an experienced on the job injury attorney in New York can make a difference in how successful the claim process can be.
There is a difference between a work-related injury and a non-work-related injury when an employee is traveling for their job. For example, an employee who is having a lunch meeting with a client and sustains an injury during the lunch would be covered under workers’ compensation. But an employee who takes advantage of being in the same town where a friend lives, meets them for lunch, and sustains the same injury would not be covered. This is because at the time of the injury, they are not on the “company clock.”
Other times an injury would be covered under workers’ compensation for a traveling employee would be if it occurred when the employee is driving, flying, on mass transit, or in a hotel room.
If you are an employee who is injured while traveling for business, there are steps you should take to ensure that your claim will be protected and not denied by the insurance company. A New York on the job injury attorney recommends the following:
- Report the accident: No matter where an injury occurs, you should report the incident to the management of that location (i.e. the hotel, a restaurant, etc.)
- Document the accident: Try to obtain witness information, including their account of the accident, take photos of the area, and write down your recollection of what happened. It is important to do this right away, so you don’t forget details.
- Seek medical attention: Do not delay, even if you think you only have a minor injury. Symptoms could be delayed and waiting before the injury is documented could give the insurance company ammunition to claim the injury happened later on and was not work-related. Make sure to tell the physician how the injury occurred and that you were working when it occurred.
- Notify your employer: Most companies have a procedure in place of how an employee should report any work accidents. Make sure you adhere to this process. Again, failure to follow the procedure could jeopardize your right to benefits.
- Contact a New York on the job injury attorney: Since your work injury occurred while traveling, not only may you qualify for workers’ compensation benefits, you may also be able to file a third-party claim. An attorney can help with both legal actions.
A work accident can spell disaster, especially when it results in a severe injury that leaves you out of work. A loss of income and increasing medical bills may cause significant financial setbacks that are difficult to overcome. Thankfully, each state has workers’ compensation laws on the books to protect employees in the event of a work-related injury or illness. Not all workers are eligible for this coverage, but most are. And even in the event that you are not eligible for workers’ compensation benefits, you may be able to take advantage of other legal options at this time. An experienced New York on the job injury attorney from Polsky, Shouldice & Rosen, P.C. can help to clarify which legal options are relevant to your unique situation.
Companies are often required to carry specialized insurance coverage that triggers when an employee is hurt or falls ill as a direct result of their job. Some examples of this include:
- Injuries that result from a fall
- An illness that develops due to poor environmental conditions
- Repetitive motion injuries resulting from common work tasks
- Psychological damages caused by workplace violence
Depending on the type of company you work for, there are a set of safety rules imposed by OSHA that dictate what practices are in place to keep employees safe from harm. If any of these standards gets ignored or broken, the employer may have to file a claim with their insurance company. Regardless, you should be entitled to workers’ compensation benefits no matter whose fault the accident in question was. A NY on the job injury attorney can explain if any exceptions apply in your situation, but usually workers’ compensation benefits are available after an accident regardless of fault.
While employers need to adhere to a set of safety standards, so, too, must their workers. Getting hurt as the result of ignoring safety protocols may not affect your ability to receive workers’ compensation benefits under certain limited circumstances. Things like medical treatment and income may not be paid out by the insurance company if you directly caused your accident. For example, if you were injured due to a fall off a roof while working construction but you were visibly drunk at the time, your legal options may be more limited than they would otherwise be.
Workers’ Compensation Benefits
If your injury qualifies for workers’ compensation insurance coverage, you may get medical care for your injuries. The insurance company may pay for some or all of your treatment and any ongoing care or rehabilitation medical professionals deem appropriate for your injury. The insurance company may also pay for some or all of your lost wages if you cannot go to work while recovering. In extreme cases, you may not be able to return to your prior position due to physical limitations. These instances may necessitate retraining and alternate vocation options for you to continue working at all. A NY on the job injury attorney can speak with you about all of the details regarding how compensation may be paid out in regards to your unique situation.
If you suffer an injury at work, you may want to consult with a NY on the job injury attorney for help in navigating the workers’ compensation claims process. Sometimes legal action is required to get benefits from the insurance company. In these instances, an attorney can provide the best chance for you to obtain what you deserve under the laws where you live.
Contact a New York on the Job Injury Attorney Today
If you were injured on the job, you may be entitled to workers compensation benefits. Contact an on the job injury attorney New York families turn to from Polsky Shouldice & Rosen PC to find out what benefits you may qualify for. Call our office today to schedule a free and confidential consultation.
For further questions regarding the workers’ compensation claim process, seek the help of an on the job injury attorney NY. The team at Polsky, Shouldice & Rosen, P.C. is ready to examine your case and show you how we can help secure the benefits you deserve.
“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.”