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On The Job Injury Attorney NY

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.

Workplace Injuries

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.

Administering Benefits

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. 

  1. Report the incident to management
  2. Ensure the accident is documented in writing
  3. Be sure to detail every injury you believe you’ve sustained
  4. 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. 

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.