On The Job Injury Attorney, The Bronx
If you are the victim in a workplace injury, you need the help of an on the job injury attorney in the Bronx from Polsky, Shouldice, & Rosen, P.C. When a terrible accident occurs in the workplace, tensions between employer and employee can build. Even though workers’ compensation programs don’t really focus on who was at-fault per say, things can inevitably become awkward. Not only can the dynamic become uncomfortable, but an employer may actually retaliate or mishandle the worker’s claim. Anyone who is pursuing a workers’ compensation claim can benefit from talking with a Bronx on the job injury attorney. We can help you get the amount you need to overcome the workplace incident, while seeing that you are not being mistreated along the way.
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.
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.