The Bronx On the Job Injury Lawyer

If you’re considering filing a workers compensation claim, you may benefit with the help of the Bronx on the job injury lawyer with experience. Call us at Polsky, Shouldice & Rosen, P.C. for a free consultation.

Laws that affect workers comp cases can vary depending on where your employer is located. This is why it might be advisable to discuss your circumstances with an on the job injury lawyer in the Bronx. Our attorneys at Polsky, Shouldice & Rosen, P.C. have helped thousands of injured workers in all of the Manhattan boroughs.

Pre-Existing Conditions

Though you may have been injured recently while working at your current job, you may be wondering if your related pre-existing condition disqualifies you from benefits eligibility. Not necessarily. You may wish to speak with the Bronx on the job injury lawyer that workers recommend, but these general guidelines may be helpful to you.

When Current and Past Workers Comp Claims are Related

Claims can become complicated when pre-existing conditions are involved, but they’re even more complicated when past and present claims overlap. It’s often advantageous to rely on the experience of the Bronx on the job injury lawyer that you can hire.

If you injured the same body part in a previous workplace accident, your current workers compensation claim benefits may be reduced.
Your current employer will be responsible for paying your current medical bills related to your most recent workplace injury.
If your current injury has made it impossible to immediately return to work, your current employer will have to pay you temporary disability benefits.
If it becomes necessary to claim permanent disability benefits, you might only receive compensation for the increase in your impairment that is directly attributed to your most recent injury.
Though your injury may seem like a repeat of your previous injury, they may not actually be the same. If a doctor confirms this, you may be entitled to additional benefits. When working with the Bronx on the job injury lawyer you hire, you need to provide medical documentation for your case preparation.
Even if the pre-existing condition was not caused in your workplace and as such you never filed a workers compensation claim for it, benefits for the current injury will be based on how much the condition has worsened.

Pre-Existing and Current Injury Medical Care

If you are already receiving medical care for your pre-existing injury, you may need separate medical care for your recent injury, even if there is overlap between the two injuries. Because different insurance companies may be involved, they may have their own providers that they require you to use. This may not be convenient, but the only choice you have may be to pay for the additional medical care out of your own pocket. An experienced on the job injury lawyer the Bronx turns to in complicated cases can suggest possible alternatives.

Call us today at Polsky, Shouldice & Rosen, P.C. for assistance with workers comp claims from the Bronx on the job injury lawyer with experience.

About Workers Compensation Programs

Every state in the US requires businesses to carry workers compensation insurance. This program protects workers who suffer from injury or illness due to an accident or hazard in the workplace. However, it is not a fail proof system, as there are many instances where a worker’s claim is not handled properly. For example, a worker may be wrongfully denied coverage when the circumstances of the incident qualify them for receiving benefits. Or, an employer may intentionally mishandle the claim, such as filing it late or providing inaccurate details, as a way to save the company money.

Workers compensation programs were established to help reduce conflict between employer and employee in the event of a workplace accident or health hazard. This program was created with good intentions. But, as a Bronx On The Job Injury Attorney has seen before, an injured worker may be treated unfairly and not receive the benefits they are entitled to.

Requirements for Eligibility

The laws for workers compensation does vary by state, and there are specific requirements that must be true in order for a worker to get workers compensation benefits. If you believe you have been unfairly denied benefits or aren’t receiving enough to cover your basic losses and expenses, then we urge you to call us immediately so we can intervene and set things right. The requirements for eligibility include the following:

You were injured during performing a work-related duty. The incident may have happened on the job site itself, or while traveling for work.
You are categorized as an employee for the company. Employees include full-time workers, part-time workers, some seasonal employees, and temporary employees. Independent contractors, volunteers, farm laborers, domestic workers, or undocumented workers may not qualify.
You were not under the influence of drugs and/or alcohol when the incident happened, you didn’t cause the event to unfold, and you did not intentionally harm yourself to get benefits.

Being Informed About State Laws

The laws pertaining to workers’ compensation benefits can vary, so it is crucial that you don’t browse the internet looking for information from just any source. Please meet with a legal professional who is knowledgeable in worker’s injury cases for correct insight. There are some state laws that help protect employees as they apply for and receive workers’ compensation benefits. An on the job injury attorney in the Bronx in New York can also oversee the process to ensure your employer is not in violation of these state protections.

On the Job Injury Lawyer the Bronx Trusts Discusses When Benefits Are Not Enough

Injuries in the workplace are not unusual. Sadly, thousands of workers are injured every year while on the job. The seriousness of these injuries ranges from mild to fatal. Workers compensation benefits are intended to pay workers benefits if they are injured at work and require funds to pay for medical treatment and lost wages.

However, workers compensation benefits may not be sufficient, particularly for the most serious or fatal injuries that occur. If this describes your situation, we may be able to help you. At Polsky, Shouldice & Rosen, P.C., we have helped thousands of injured workers whose workers compensation benefits were not enough. Call us if you would like to find out more.

Workers Compensation Benefits

Every state in America has a workers compensation benefits program. Each program has its own workers compensation board that manages it. Each state’s program may vary somewhat from other states’ programs. Based on the unique details of your case, an on the job injury lawyer in the Bronx can provide more details specific to your circumstances. However, workers compensation benefits will generally include the following:

Necessary medical treatment. What constitutes as “necessary” may seem subjective in some cases, but some types of medical treatment are clear cut. For instance, if you broke your arm at work, a doctor’s exam, x-rays, and a cast should not be questioned. If you broke your arm and included chiropractic care, you may have to prove that it was necessary for your treatment.
Medications. These might include antibiotics and pain medication, depending on the nature of your injury.
A percentage of your salary or hourly wages. When someone is injured in a workplace accident and misses work while they recover, they might wonder why they are not given the full amount of money they would have otherwise earned. Unfortunately, this is how workers compensation operates.
Medical equipment. Common examples are crutches, medical cushions, or portable shower benches.

Additional Injury Costs

For most workers who sustain an injury on the job, workers compensation benefits will be enough to cover most of their costs until they can recover and return to work. In fact, all of their injury-related costs might be covered and the most significant financial loss they might experience is the less-than-full wages.

However, those who sustain a catastrophic injury at work may require significantly more medical treatment. They may also need a full-time, home healthcare aide and will never be able to return to their regular job because they are left permanently disabled from their injury. In situations like these, the maximum amount of workers compensation benefits available to them may be insufficient.

Litigation

An on the job injury lawyer from Polsky, Shouldice & Rosen, P.C. can review your case, medical records, and other details to determine if workers compensation benefits will be sufficient to cover your costs. If they will not be enough, it may be feasible to pursue litigation against your employer to recover your full damages. If you decide to move forward with that option, this will be instead of accepting workers compensation benefits.

For this reason, it’s very important that you not agree to accept workers compensation before consulting with an on the job injury lawyer the Bronx clients recommend from our firm. Call us today to schedule a free consultation with no obligation.

Construction Accident Injuries

There are what seems like an unlimited number of ways that a construction workers can get hurt. If you have been harmed or been diagnosed with a work-related illness, then it is imperative that you get legal assistance promptly. It is crucial that you have a Bronx, NY on the Job Injury Attorney provide legal counsel if you need to file for workers compensation benefits, fight a denied claim, seek restitution from a third party, etc. The most common ways that construction employees suffer injury is due to:

Trench collapsing: if a trench falls, the worker could be cut off from sufficient air supply or get crushed under the rubble.
Falling from heights: workers may have to do tasks from very tall heights, and if something goes awry they could take a serious fall.
Electric shock: construction employees often have to work with power tools, generators, electrical wiring, and machinery that can cause serious burns or shock.
Scaffolding collapse: a raised platform that is attached to the building so workers can reach high places, if not secured properly the scaffold may collapse.
Repetitive motion injury: if the body is used to repeatedly perform the same movements over and over, the soft tissues and muscles can get worn, decreasing mobility and causing pain.
Protective gear failing to work: manufacturers of protective construction gear may be held liable if a worker was injured because the product did not work as it should have.

General injuries that can be caused from construction sites are burns, electrocution, eye injuries, broken bones, spinal cord damage, head injury, toxic chemical exposure illnesses, and knee or ankle injuries. If any of these injuries have happened to you in a construction environment, then you must meet with an on the Job Injury Attorney in Bronx, NY for advice on how to get the compensation needed to recover financially and physically from the accident.

How an Attorney Can Help

Without having legal representation, an employee may not even realize something isn’t right in how their workers’ compensation claim is being handled. An employer may intentionally file the paperwork late or otherwise do something to cause a denial. Employers may be more or less obvious when it comes to unlawful behavior. If any of these following factors are true for your situation, please contact your attorney immediately:

Your injuries were severe enough to necessitate surgery or other procedures.
Your injuries were moderate to life-threatening.
The injury was so severe that you may not be able to recover fully and need to pursue permanent partial disability.
You feel as though you can’t return back to your original workplace, but are confident you could work in some capacity elsewhere.
You want to dispute an action taken on behalf of your employer or by the employer’s insurance company regarding the compensation claim.
You were denied medical benefits.
Your employer has retaliated against you in some way for either reporting the accident, applying for workers benefits, and/or receiving benefits.

Seek Legal Help From an On The Job Injury Attorney in The Bronx

An employee who is having trouble with their workers’ compensation claim, may want to talk with an attorney as soon as possible. The employee may feel they aren’t getting the amount they need to cover all expenses related to the injury, or they may worry that they are enduring employer retaliation and a hostile work environment. Sadly, an employer may try to fire or seek revenge against an employee for using workers’ compensation benefits.

An attorney at Polsky, Shouldice, & Rosen, P.C. can evaluate your situation to determine whether you are entitled to more benefits than you are currently getting, and if your employer has violated state laws. It is highly encouraged that an injury worker seeks help from a legal professional, before the first signs of trouble. We encourage you to contact an on the job injury attorney in the Bronx today.

Common Causes Of Work-Related Accidents

Our Bronx on the job injury lawyer will share that both employers and employees, work-related accidents are of significant concern. They can lead to severe physical injuries, financial burdens, and emotional distress for the victims. Understanding the common causes of these accidents can help in preventing them and ensuring a safer working environment. At Polsky, Shouldice & Rosen, P.C., we are committed to assisting those affected by work-related injuries, helping them secure the compensation they deserve. As a prominent lawyer, with more than 30 years of experience, our team recognizes the importance of addressing these issues comprehensively.

Lack Of Proper Training

One of the primary causes of work-related accidents is inadequate training. Employees who are not sufficiently trained may not understand the correct procedures for handling machinery, hazardous materials, or complex tasks. This lack of knowledge can lead to mistakes that result in serious injuries. Proper training programs should be implemented to ensure that all employees are well-versed in their job duties and safety protocols.

Poor Workplace Design

A poorly designed workplace can also contribute to accidents. This includes factors such as inadequate lighting, poor ventilation, and cluttered workspaces. These conditions can create hazardous environments where accidents are more likely to occur. Employers should regularly assess their workspaces and make necessary improvements to enhance safety and reduce the risk of accidents.

Equipment Failures

Malfunctioning equipment is another common cause of workplace accidents. Whether it’s faulty machinery, tools, or safety gear, equipment that fails to operate correctly can pose significant risks. Regular maintenance and inspections are crucial to ensure that all equipment is in good working condition and safe for use. Our Bronx on the job injury lawyer will share that employees should also be trained to recognize signs of equipment failure and report them immediately.

Overexertion And Fatigue

Two factors that can significantly increase the likelihood of accidents are overexertion and fatigue. Workers who are tired or overworked are more prone to making mistakes, which can lead to injuries. Employers should monitor workloads and ensure that employees are not overexerting themselves. Implementing adequate rest breaks and promoting a healthy work-life balance can help mitigate the risks associated with fatigue.

Hazardous Materials

Handling hazardous materials is inherently risky and can lead to severe accidents if not managed properly. This includes exposure to chemicals, flammable substances, and other dangerous materials. Employers must provide appropriate protective gear and training on how to handle these materials safely. Additionally, clear labeling and proper storage of hazardous materials are essential to prevent accidental exposure or spills.

Slips, Trips, And Falls

Slips, trips, and falls are among the most common workplace accidents. These incidents can occur due to wet floors, uneven surfaces, loose cables, or inadequate footwear. To reduce the risk of such accidents, employers should implement strict housekeeping practices, ensure that all walkways are clear and dry, and provide appropriate footwear for employees. Regular inspections of the workplace can help identify and address potential hazards before they cause harm.

Lack Of Safety Protocols

The absence of comprehensive safety protocols can lead to a higher incidence of work-related accidents. Safety protocols are essential for providing employees with clear guidelines on how to perform their tasks safely. Employers should develop and enforce robust safety policies, conduct regular safety drills, and ensure that all employees are familiar with the procedures. A culture of safety should be promoted within the workplace to encourage adherence to these protocols.

Creating Safer Work Environments To Prevent Accidents

Employees and their families stand to face devastating consequences from work-related accidents. By addressing the common causes of these accidents—such as lack of training, poor workplace design, equipment failures, overexertion, hazardous materials, slips and falls, and inadequate safety protocols—employers can create safer work environments and reduce the risk of injuries. At Polsky, Shouldice & Rosen, P.C., we are dedicated to supporting those who have suffered from work-related accidents as we exclusively practice workers compensation law. As your trusted the Bronx on the job injury lawyer, we are here to help you navigate the legal process and secure the compensation you deserve. If you or a loved one has been injured on the job, contact us today to discuss your case and explore your options for justice and recovery.

Understanding Workers Rights Following An On-The-Job Injury

Our Bronx on the job injury lawyer believes that a safe and fair working environment is something that every employee deserves. Unfortunately, accidents happen, and when they do, it’s essential to know your rights and the steps you can take to protect yourself and your livelihood. This article aims to shed light on workers’ rights following an on-the-job injury and the support available to those who need it.

The Immediate Aftermath Of An Injury

When an injury occurs at work, the immediate concern is health and safety. Seeking medical attention is the priority, regardless of the severity of the injury. Documenting the injury is also crucial. This documentation includes notifying your employer as soon as possible and ensuring the incident is recorded accurately. A formal report should be filed to create an official record of the event, which can be critical in any future legal or compensation processes.

Workers’ Compensation Benefits

Understanding the workers’ compensation system is fundamental in the aftermath of a workplace injury. Workers’ compensation is designed to provide benefits to employees who suffer job-related injuries or illnesses. These benefits can cover medical expenses, rehabilitation costs, and a portion of lost wages during the recovery period. As Bronx on the job injury lawyers, we often encounter clients who are unaware of the full extent of benefits they are entitled to. It’s vital to recognize that these benefits are a right, not a privilege, and ensuring you receive them can significantly impact your recovery and financial stability.

Your Rights And Employer Responsibilities

Employers are legally required to maintain a safe working environment and adhere to occupational safety and health regulations. When these standards are not met, and an injury occurs, the employer must be held accountable. Workers have the right to file a claim without fear of retaliation. Any attempt by an employer to dismiss, demote, or discriminate against an employee for filing a claim is unlawful and should be challenged.

Additionally, employees have the right to seek medical attention from a doctor of their choice and to receive compensation for any necessary treatments and rehabilitation. Employers are also responsible for providing information about the workers’ compensation process and assisting with the filing of claims.

The Role Of Legal Support

The workers compensation system can be complex and challenging to manage, despite the fact that the system is intended to be straightforward. Legal support can play a crucial role in ensuring that your rights are protected and that you receive the compensation you deserve. Our team is dedicated to supporting injured workers through every step of the process. With more than 30 years of experience, our team can offer comprehensive guidance and representation, helping to secure the best possible outcomes for our clients.

Long-Term Considerations And Return To Work

The impact of a workplace injury can extend far beyond the immediate physical and financial consequences. Long-term effects might include ongoing medical treatment, permanent disability, and emotional distress. It is essential to address these issues proactively, seeking appropriate medical advice and legal counsel to ensure all aspects of your recovery are managed.

Returning to work after an injury can be a significant milestone in the recovery process. Employers are often required to accommodate injured workers, providing modified duties or adjusted schedules to facilitate a safe and effective return to work. Understanding your rights in this context is critical to ensuring a smooth transition back to the workplace.

Ensuring Comprehensive Recovery And Compensation

Worker’s rights following an on-the-job injury encompass a range of protections and benefits designed to support employees during a challenging time. From immediate medical care and workers’ compensation benefits to long-term considerations and legal support, knowing your rights is the first step towards recovery and financial stability. If you or someone you know has been injured at work, don’t hesitate to seek professional legal assistance. As Bronx on the job injury lawyers, we at Polsky, Shouldice & Rosen, P.C. are here to help you understand your rights and secure the compensation you deserve. Contact us today to learn more about how we can support you through your recovery journey.

Key Benefits And Drawbacks Of Settling A Workplace Injury Case Out Of Court

One of the critical decisions that we must make during the aftermath of a workplace injury is whether to settle the case out of court or proceed with litigation. Each option has its benefits and drawbacks, and understanding these can help us make an informed choice that best suits our circumstances. Here, The Bronx on the job injury lawyer outlines the key points to consider when deciding to settle a workplace injury case out of court.

Benefits Of Settling Out Of Court

1. Faster Resolution

One of the most significant advantages of settling out of court is the speed at which a resolution can be reached. Court cases can drag on for months or even years, whereas settlements can often be concluded in a matter of weeks. This quicker resolution allows us to receive compensation and move on with our lives much sooner.

2. Lower Costs

Litigation can be expensive. Attorney fees, court costs, and other related expenses can add up quickly. By settling out of court, we can significantly reduce these costs. This means that more of the compensation goes directly into our pockets, rather than being eaten up by legal fees.

3. Less Stressful

Going to court can be a highly stressful experience. The process can be emotionally draining, involving multiple court appearances, depositions, and potentially even a trial. Settling out of court is generally a less stressful alternative, providing a more straightforward and less adversarial resolution.

4. Confidentiality

Settlements typically include confidentiality agreements, ensuring that the details of the case and the settlement amount remain private. This can be particularly important for us if we wish to keep the specifics of our situation and the compensation received out of the public eye.

5. Predictability

When we settle out of court, the outcome is more predictable. We agree on the terms of the settlement and know exactly what we will receive. In contrast, going to court with The Bronx on the job injury lawyer always carries an element of uncertainty, as the final decision rests with the judge or jury.

Drawbacks Of Settling Out Of Court

1. Potentially Lower Compensation

It’s important to know that when settling out of court compensation is likely to be lower than the compensation you may receive if we one a court case. Insurance companies and employers may offer a settlement amount that is less than what we might be awarded in a court judgment.

2. No Admission Of Liability

Settlements often come with no admission of liability from the employer. While this may not affect the compensation we receive, it means that the employer does not have to formally acknowledge any wrongdoing. This can be frustrating if we feel strongly about holding them accountable.

3. Limited Recourse

Once we agree to a settlement, we generally waive our right to pursue further legal action related to the injury. This means that if we later realize that the compensation was insufficient or if our condition worsens, we cannot go back and seek additional funds.

4. Lack Of Public Record

While confidentiality can be a benefit, it also means that there is no public record of the settlement. This can be a drawback if we wish to highlight the issue or if there is a broader public interest in our case.

5. Pressure To Settle Quickly

There can be pressure from the other side to settle quickly, sometimes before we fully understand the extent of our injuries or the long-term impact on our lives. This rush can lead to accepting a settlement that does not fully compensate for our losses.

Weighing Your Options

It will be key to involve weighing the various benefits and drawbacks when deciding whether to settle a workplace injury case out of court. While settling can offer a faster, less costly, and less stressful resolution, it may also result in lower compensation and limit future recourse.

At Polsky, Shouldice & Rosen, P.C., we understand the complexities involved in making this decision. As your trusted The Bronx on the job injury lawyer, we are committed to providing the guidance and support you need to make the best choice for your situation. If you have been injured on the job and are considering your legal options, contact us today to discuss your case during a complimentary consultation. Let us help you achieve the best possible outcome and secure the compensation you deserve.

Common Mistakes To Avoid When Filing A Workplace Injury Claim

Victims of workplace injuries can be left feeling unsure over what steps to take after an accident. Filing a workplace injury claim is a critical process that can significantly impact your ability to receive the compensation you deserve. However, many individuals make common mistakes that can jeopardize their claims. At Polsky, Shouldice & Rosen, P.C., we believe it’s essential to understand these pitfalls to ensure a smoother and more successful claims process. As your trusted The Bronx on the job injury lawyer, we want to help you avoid these mistakes and secure the best possible outcome for your case.

1. Delaying Medical Treatment

One of the biggest mistakes we see is delaying medical treatment after an injury. Immediate medical attention is crucial, not just for your health but also for your claim. Insurance companies might argue that your injury isn’t severe if you wait to seek treatment, potentially affecting your compensation. Always see a doctor as soon as possible and follow their recommendations diligently.

2. Failing To Report The Injury Promptly

Another common error is failing to report the injury to your employer immediately. Most workplaces have specific timelines and protocols for reporting injuries, and not adhering to these can lead to your claim being denied. Ensure you notify your employer as soon as the injury occurs and document this notification in writing if possible.

3. Not Documenting The Incident

Proper documentation is vital in supporting your injury claim. This includes keeping records of the incident, medical treatments, and any correspondence with your employer and insurance company. Photos of the injury and the accident scene can also be invaluable. Without sufficient documentation, proving the extent and cause of your injury becomes challenging.

4. Misrepresenting The Injury

Honesty is crucial when filing a workplace injury claim. Exaggerating or misrepresenting the nature or extent of your injury can lead to severe consequences, including denial of your claim or even legal action against you. Always provide accurate and truthful information to your medical providers, employer, and insurance company.

5. Overlooking Follow-Up Appointments

The injury may believe that your injury isn’t as severe as you original claims should you skipp follow-up medical appointments. It’s essential to attend all scheduled medical visits and follow your doctor’s advice to the letter. This not only aids in your recovery but also strengthens your claim.

6. Handling The Claim Alone

Many people think they can handle their workplace injury claim without professional assistance. However, the legal process can be complex and filled with potential pitfalls. Working with a seasoned lawyer can provide you with the guidance and support needed to face the claims process effectively.

7. Accepting The First Settlement Offer

Insurance companies often try to settle claims quickly and for the least amount possible. Accepting the first settlement offer is rarely in your best interest. It’s essential to evaluate the full extent of your injuries and potential long-term impacts before agreeing to any settlement. Consulting with a knowledgeable attorney can help you understand the true value of your claim.

8. Not Understanding Your Rights

Many workers are unaware of their rights when it comes to workplace injuries. This lack of knowledge can lead to accepting unfair treatment or inadequate compensation. Educate yourself about your rights and legal options, or consult with a lawyer to ensure you are fully informed.

9. Ignoring The Statute Of Limitations

Every state has a statute of limitations for filing a workplace injury claim. Missing this deadline can result in losing your right to seek compensation altogether. It’s crucial to be aware of the timeframe for your specific case and take timely action to file your claim.

10. Failing To Seek Legal Advice

Perhaps the most significant mistake is failing to seek legal advice. A skilled attorney can help you avoid all the aforementioned mistakes, ensuring that your claim is handled correctly from the start. Since 1991, our the Bronx on the job injury lawyer has been committed to providing the support and representation you need to achieve the best possible outcome.

Ensuring A Successful Workplace Injury Claim

To significantly improve your chances of a successful outcome, it’s important to avoid these common mistakes when filing a workplace injury claim. At Polsky, Shouldice & Rosen, P.C., we are dedicated to helping you through this challenging time. If you have been injured on the job, don’t hesitate to reach out to us. Contact us today for a consultation with a trusted The Bronx on the job injury lawyer and let us help you secure the compensation you deserve.