On the Job Injury Attorney – Queens, NY 
Workers’ compensation benefits are generally made available for employees who get injured on the job. As a result, your employer is essentially responsible for your medical bills that result from a work-related injury. The amount of benefits you are eligible to receive through the workers’ comp program depends on the severity of your injury and your ability to return to work. An experienced Queens, New York on the job injury attorney from Polsky, Shouldice & Rosen, P.C. can help you to better understand how this benefit program may apply to your situation specifically.
Medical Benefits Start Right Away
If you are injured on the job, you don’t need to file a worker’s comp claim before you receive treatment. In general, as soon as you are injured you should report the injury to your employer and seek medical treatment. If the injury is severe, take care of your health first, then report the injury. If you are concerned about retaliation or otherwise are apprehensive about reporting the injury, simply seek necessary medical treatment and then call a Queens, NY on the job injury attorney in regards to your reporting concerns and in order to file a workers’ compensation and/or personal injury claim as applicable to your situation.
Make sure to tell the doctor that you were injured at work. Your doctor can document the condition and how it happened at work. The billing can be sent to your employer’s insurance carrier or the employer directly. In many cases, the employer is responsible for paying for medical bills related to an injury that occurred at work, whether or not you have opened an active workers’ compensation claim.
Non-Medical Benefits
As part of the workers’ comp program, if you are unable to work or are permanently disabled, you may be able to receive benefits to cover your loss of work and loss of earning power. You may even be eligible to receive re-training in a vocational program. Generally, you will need to file a claim, with the assistance of a Queens, NY on the job injury attorney, in order to receive these non-medical benefits.
You will not receive benefits until the claim is approved or accepted. The benefits you receive will be conditional on your injury and condition. Your doctor may have to submit documentation stating that you are physically unable to work to be considered for non-medical benefits.
The insurance company can also deny a claim. If your claim is denied, you have the option to appeal that decision. An experienced Queens, NY on the job injury attorney can help you through that appeals process. You won’t receive benefits unless you win your appeal. Your workers’ comp benefits end when the employer shows that you can return to work or are no longer entitled to your benefits.
The time it takes for workers’ comp claims to be approved or denied will vary. Make sure to submit documentation and information to the insurance company so that it has the information it needs to adjudicate the claim. It can take a few days to review the claim and approve or deny it.
Accidents Can Happen Anywhere
No matter how comfortable your workplace, you can still get hurt while on the clock – but fortunately, an on the job injury attorney in Queens, New York, can help you get the compensation you need to stay afloat while you’re down for the count.
When we think of workplace accidents, we don’t really think of offices. We think of heavy machinery and workers in hard hats: High risk job sites and high risk jobs in construction, manufacturing, and warehouses. It makes sense to think of these workplaces first. After all, they’re filled with equipment that can seriously injure or even kill employees.
Despite the stereotypes, workplace accidents don’t take vacations if you work in an office. In fact, there are plenty of ways you might injure yourself if you work in a white collar environment. It may not be as dangerous as a steel mill or a coal mine, but the everyday office can still cause plenty of hurt. Read on to learn more about white collar office injuries, and see how the right on the job injury attorney in Queens, New York can help.
White Collar Workplace Injuries
When you work in an office, you can still get hurt. It may not be as major as an injury sustained on a construction site or warehouse, but office-related injuries can still lead to costly medical bills and a major headache with insurance and workers’ compensation.
One of the most frequently mentioned white collar injury is carpal tunnel syndrome. Carpal tunnel is caused by pressure exerted on the underside of the wrist. This pressure compresses a nerve that runs along the bottom of your wrist, eventually causing pain and restricting movement. It can seriously affect your ability to work if your job involves using a keyboard, and in some cases it’s caused by the keyboard in the first place.
Poor ergonomics is a major cause of office-related injuries. Without the proper padding or reinforcement, employees can experience thoracic outlet syndrome. Thoracic outlet syndrome causes shoulder and neck pain, and it’s usually traced back to long hours spent hunched over a computer. An employer should properly educate workers about workplace hazards, no matter how minor they seem on the surface.
Slip and falls can happen anywhere, especially in an office. Think of all the wires running here and there from computers to outlets, and remember that each of those wires is a potential trip hazard. Even the location of your office can cause injuries: If those stairs out front get iced over or there’s improper drainage for water that pools up and causes people to slip, there’s plenty of opportunity for on the job injuries – and lawsuits.
How Can an Attorney Help Me?
If you’re hurt on the job, you deserve compensation to cover your medical bills. It doesn’t matter if you were hurt in an office or anywhere else – you should report your injuries, and lawyer up if your injuries could have been avoided. You shouldn’t have to pay out of your own pocket because of management’s neglect, and you shouldn’t be intimidated out of filing a workers’ comp claim.
Get the compensation you need as soon as possible. Get in touch with an on the job injury attorney in Queens, NY today, and see how Polsky, Shouldice & Rosen, P.C can help.
Do You Need an Attorney?
Many companies are required to take care of their employees through workers’ compensation insurance. If you have questions about your workers’ compensation claim, talk to a Queens, NY on the job injury attorney who can help you maximize your benefits to receive the compensation you deserve.
Personal Injury vs Workers’ Compensation
In a personal injury case, if you are at fault for your injury, you cannot generally file a successful claim. In fact, most states require do not allow claims to be filed at all if the injured party is more than 50 percent personally responsible for the accident in question. When it comes to workers’ compensation, there isn’t a rule like this. In fact, you could potentially be more than half responsible for your injuries and still collect workers’ compensation. Unlike personal injury, there is no such thing as partial compensation or fault. You collect the entirety of workers’ compensation, not a portion of it. With that said, there are some exceptions to this general rule. A Queens on the job injury attorney can explore whether any exceptions apply to your situation under New York law.
Workers’ Compensation Rules
In most states, workers’ compensation covers employees for injuries that they suffer in the workplace. These rules are supposed to cover as many employees as possible. Workers’ compensation does not hinge on fault. In fact, most workers are allowed to collect, regardless of fault. Now, there are situations where a worker cannot receive workers’ compensation. These instances include:
- The injury is self-inflicted
- Alcohol or illegal substances are the sole cause of injury
For instance, a worker cannot harm him or herself and hope to collect benefits. The injury does have to be either an accident or as a result of the negligence of someone else.
Workers’ Compensation and Fault
When it comes to fault, there is a variety of instances where an employee may be at partial fault. If the employee is using company equipment or if the job is partially responsible for the injury, then he or she can still collect workers’ compensation with the assistance of a Queens on the job injury attorney. It has to be an injury that would not have occurred if the employee wasn’t at work or engaged in work-related activities. For instance, if a landscaper hurts him or herself with a lawn mower or wrecks a company car, they still may be able to collect. Even if alcohol is involved, as long as there are other work-related factors, workers’ compensation claims are valid.
If you suffer a work-related injury, then you may be allowed to collect workers’ compensation. it doesn’t matter if you are at partial fault. Even if you think you might have been at fault, it’s important to consider all of the factors. In order to obtain more information about your specific situation, please contact an experienced Queens on the job injury attorney today.
Not All Businesses Carry Workers Comp Benefits
The first step is finding out whether the company you work for has a workers compensation program. All states are required by law to have workers comp insurance, however, there are jobs that are exempt from this rule. People who are volunteers, independent contractors, business owners, railroad workers, longshoremen, gardeners, and farm workers may not be guaranteed workers comp benefits. If you are not sure whether you qualify and what steps to take next, contact our Queens On The Job Injury Attorneys for a consultation.
Requirements for Eligibility
There are factors that can make someone eligible or ineligible for workers compensation benefits. For example, you may be denied benefits if it is shown that you were under the influence of a substance at the time of the accident, intentionally harmed yourself to get money, or initiated a physical altercation with a coworker. Establishing blame in a workers comp claim is not so much important, as this program was created to reduce tensions between employee and employer if an injury accident were to occur. Other requirements for workers comp benefits include:
- Your employer has workers comp insurance
- You are considered an employee for the company (part-time, full-time, temporary, and seasonal workers are covered. Independent contractors and volunteers are not eligible)
- You were injured or became sick due to job-related responsibilities (this includes situations where you are traveling for work)
Most Common Workplace Injuries
Falls, trips, and slips are some of the most common reasons why workers compensation claims are filed. Other injuries that are common include broken bones, traumatic brain injuries, sprained muscles, soft tissue damage, lacerations, whiplash, and more. These injuries may have been caused due to faulty machinery, defective equipment, lack of safety gear, and unsafe working conditions. Additionally, workers comp programs cover medical expenses for people who have gotten sick after being exposed to things like asbestos and other harmful substances.
If you or someone you care deeply for endured serious and painful injuries while at work or when traveling for their job, then please call Polsky, Shouldice & Rosen, P.C. to book your brief free initial consultation with our Attorneys for On The Job Injury in Queens.
