On the Job Injury Lawyer – Long Island, NY
Did you recently suffer an injury on the job? Even if you have health coverage through your employer, you may be entitled to additional financial compensation related to your injury. If you are eligible, you should consider filing a workers’ compensation claim. This benefit could come to your rescue if you incur heavy medical bills from treatments, medications, surgeries or rehabilitation and/or you lose work days due to your physical symptoms. Before you proceed in this direction, it’s important to make sure you’re eligible for coverage. An experienced Long Island, New York on the job injury lawyer from Polsky, Shouldice & Rosen, P.C. can help to clarify your legal options and walk you through any claims process you may be eligible for.
You’re an Employee
In order to file a workers’ compensation claim, you generally must be considered a current employee of a company that has workers’ comp coverage. If the company for which you work has no such plan or you are classified as an independent contractor (as opposed to an employee), you should consider speaking with an experienced Long Island, NY on the job injury lawyer about alternative compensation options. Eligibility does not necessarily require that you are a full-time employee. Part-time and seasonal employees may also be eligible to receive these benefits. However, if you are working for the company on a contract or freelance basis, you will likely not be eligible for this specific compensation. However, a Long Island, NY on the job injury lawyer can help you determine whether you have grounds for a personal injury claim or suitable legal alternative.
You Were Injured at Work
Workers’ compensation is generally only applicable if the injury you suffered occurred while you were performing assigned work duties. You don’t have to be working in the office during the time of the incident to get coverage. For example, many employees work from home, and these workers are still entitled to coverage if they get hurt while working. Also, if you leave the office to make a work-related delivery or pick-up, and you get into an accident, you are eligible for workers’ comp. Injuries that occur outside of normal work hours but during company functions such as parties or conferences also are eligible. On the other hand, if you get injured on your work to or from work, or as you’re going to lunch, you likely can’t get workers’ compensation coverage but may be able to work with a Long Island, NY on the job injury lawyer in order to receive damages in another way.
What Caused the Injury?
If your employer was at fault for your injury, you shouldn’t have to worry about whether you’ll be covered. However, in some situations, you can still be eligible even if the incident was your fault. For instance, mistakes in judgment that lead to injuries can still get you coverage. Exceptions would be if you were using alcohol or drugs, if you hurt yourself on purpose, or if you were engaged in horseplay.
If you fit into these categories, you should be able to successfully file a workers’ compensation claim with the assistance of our firm. Report the injury immediately (if you feel comfortable doing so) and speak to a Long Island, NY on the job injury lawyer about how to proceed.
Factors For Eligibility
Eligibility for workers compensation depends on the industry you work in, state laws, and whether you are employed with the federal government. Most companies do have some form of coverage for injured workers, however, there are certain jobs that tend to not have workers compensation benefits, including:
- Farm workers
- Independent contractors
- Railroad employees
- Seasonal workers
If you are not sure whether you are eligible for workers compensation benefits through your employer, you can ask them for more information. But, we also understand that sometimes companies intentionally discourage or hinder a worker’s ability to get these benefits, even if they are eligible. Call a Long Island On The Job Injury Lawyer today to have your questions answered and best interests protected.
Common Reasons for Claim Denial
A work injury claim may get denied if the injured employee did not file correctly or in a timely manner. It is crucial that you speak with your employer shortly after the accident happened, even if you don’t believe you have any injuries. If pain and other symptoms start to develop later on, you will have a report of what happened to use as a foundation for your claim.
Other reasons your claim may have been denied could be due to missing deadlines, mistakes made by the processor, and employer retaliation. Unfortunately, there have been cases where an employer intentionally attempts to get a workers claim denied in order to save their company money. If your employer discourages you from filing for benefits or seemed to have handled your claim carelessly which led to a denial, then it’s probably time to obtain our legal services.
Tips for Returning to Work After Getting Injured
Many employees who get injured on the job are anxious to get back to work as soon as possible. Although workers comp benefits can help cover your medical bills and lost wages, they don’t replace a full-time salary. Here are some tips for returning to work safely.
- Maintain Communication With Your Employer: No matter how long your doctor has advised you to stay home from work, keep in contact with your employer. It’s a good idea to check in with your boss about once a week. Tell him or her about how you’re feeling and when you expect to return to work. If you make the effort to stay in touch with your employer, it will build a rapport. He or she will know that you aren’t trying to take advantage of the situation.
- Don’t Go Back to Work Without Your Doctor’s Permission: Sitting at home all day can get old, so it’s understandable that you want to return to work. However, as an on the job lawyer in Long Island, NY can attest, that doesn’t mean you should go back before your doctor gives you the okay. Your doctor has your best interests at heart, so you should listen to his or her recommendations. If you return to work before you’re truly ready, you are in danger of re-injuring yourself.
- Follow Your Doctor’s Restrictions: When your doctor allows you to go back to work, he or she may want you to adhere to certain restrictions. For instance, your doctor may want you to avoid heavy lifting and just concentrate on light work. The type of restrictions your doctor recommends will depend on your injury. It’s important to follow them closely to avoid injuring yourself again.
- Bring a Copy of Your Restrictions to Work: If your doctor wants you to go back to work with certain restrictions, don’t forget to bring a copy of these restrictions to your job. This way, your employer will be fully aware of your restrictions and won’t ask you to perform tasks that your doctor doesn’t want you to do.
- Talk to Your Lawyer If Your Employer Doesn’t Treat You Fairly: If your employer is aware of your restrictions, but still asks you to perform duties that are off-limits, it can be frustrating. However, you don’t have to put up with this kind of treatment. Inform your on the job lawyer in Long Island, NY promptly.
TIPS FOR RETURNING TO WORK AFTER GETTING INJURED INFOGRAPHIC
Should I Go to an Occupational Health Clinic?
As an on the job injury lawyer in Long Island, we help injured workers every day. Some of these clients have been asked to seek treatment, or an exam, at an occupational health clinic. These clinics present themselves as “experts” in occupational medicine and can be found throughout the city.
In general, a medical group with “occupational medicine” or “occupational health” in their name is likely one of these clinics. Typically, these are not recommended when you’re seeking workers’ compensation benefits.
Why Visiting an Occupational Health Clinic Could Harm Your Case
Occupational health clinics receive the majority of their business from workers’ compensation insurance companies and employers. To gain a profit, clinics rely on employers to send injured or ill employees to them. Typically, the patient is not the client, but rather it is the employer. Occupational clinics rely on employers and insurance companies to make money; thus, they want to ensure their “client” is happy.
As you can see this could create a conflict of interest. In theory, they should be providing care to the injured or ill worker. Instead they might favor the interests of their client (i.e. the employer/insurance company). The doctor of the clinic might tell you that the injuries are not as bad as you claim, they cannot take you out of work, and so forth.
Some clinics have worked alongside insurance companies to develop protocols which are designed to minimize treatment, testing, and lost time from work. For example, an injured worker might have slipped and fallen; injuring his leg, lower back, and neck. Their employer may send him to an occupational clinic where the doctor addressed only the leg. The neck and back pain was not only ignored, but never included in medical records. This resulted in an initial denial of a claim, appeals process, and a trial. Although the aforementioned is only an example, it is possible to have a similar experience.
You might wonder how this is legal, or whether running a facility like this would give rise to malpractice claims. In truth every case is different. We would recommend that you call an on the job injury lawyer in Long Island if you’ve been asked to go to an occupational health clinic, have already gone to one of these clinics, or need advice for your work injury.
Most doctors genuinely have your best interests in mind. Even occupational clinics may want to do the right thing, but are put into a vulnerable position by their clients. Ideally, laws and changes in legislation will put a stop to these issues.
Can An Employer Force You to Go to an Occupational Clinic?
In general, an employer cannot tell you that you must go to an occupational health clinic. In New York, unlike most other states, injured workers typically are able to receive treatment from any doctor who accepts the New York workers’ compensation billing schedule. Your employer or their insurance company can ask you to undergo an independent medical exam. In this case you should certainly call a Long Island on the job injury lawyer.
The Top Reasons Why You Might Need a Job Injury Lawyer
Some workers are hesitant to hire a lawyer following an injury from a fall that occurred while on the job. Ideally, workers should receive the necessary compensation following a fall without any issues. However, conflicts or complications can arise. Let’s explore five reasons why it’s smart to hire a Long Island on the job injury lawyer:
- They Can Help With Requirements
Making sure you’re correctly filling out and filing the necessary paperwork on time isn’t always a straightforward process. Even when your employer and their insurance company aren’t giving you any issues, it’s not uncommon to miss deadlines. An attorney can ensure you have all the necessary paperwork and that you file in a timely manner.
- They Know the Law
The law is constantly changing, and it can be difficult to stay informed on any recent state or federal changes. An attorney specializing in on-the-job injuries and worker’s compensation will know of any new changes. This knowledge will ensure they know how to handle your case, from filing to negotiating with the other party to taking the case to trial if they have to.
- You Have Serious Injuries
Some injuries may only take you out of commission for a few weeks or months. Other injuries, however, can lead to a worker being permanently disabled. It’s important to ensure that all of your medical expenses and lost wages are covered in any settlement. Since these can be expensive costs for employers and their insurance companies, they may try to attempt to prevent you from receiving the necessary compensation you need. Their strategy might include outright denying your claim or providing an inadequate settlement. Even when a settlement sounds good at first, you’ll want to consult with a lawyer to ensure you’re receiving a fair amount.
- Your Claim is Denied, or the Other Party Won’t Negotiate
There can be many reasons why your claim gets denied, and it can range from a simple filing error to an insurance company denying your claim based off of:
- Prior medical conditions
- A worker not following proper protocol or training
- A worker “horseplaying”
- A worker being injured while using drugs or alcohol
Sometimes a denied claim is perfectly valid, but other times the other party might deny it based off a bad-faith argument or outright lying. Besides outright denying your claim, an insurance company can use softer techniques like avoiding your calls, taking a long time to process your claim, offering a small settlement, or outright refusing to negotiate. Whether your claim got outright denied or the other party is using sleazy techniques, an attorney can help prevent these issues.
- A Third Party is Involved
Not every case is clear as to who the negligent party is. For example, if a driver is driving a vehicle while on the job and gets into a collision with a negligent driver, then would their job be held responsible or this third-party driver? The answer isn’t always clear, and many times you may need to file a claim against the third party and this negligent driver. Contact a Long Island on the job injury lawyer at Polsky, Shouldice & Rosen, P.C today for help.
Work from Home FAQ
If you’re looking for an on the job injury lawyer Long Island trusts, the professionals at Polsky, Shouldice & Rosen, P.C. can help you get the compensation you need for your injuries.
An accident on the job shouldn’t be any more punishing than it already is, but unfortunately, the injury is often just the tip of the iceberg. The right lawyer can help you navigate the complicated claim process, and can also serve as a useful source of information when you’re feeling completely lost. Read on to learn more about workers’ compensation, and get some answers about common questions our clients ask.
Can I get workers’ comp if I work from home?
Yes, and it’s a good thing, too. According to Pew Research, 54% of Americans have expressed interest in continuing to work from home after the pandemic. It’s understandable to have some questions about the new workplace, and a home office is no different. Many are surprised to learn that they can qualify for workers’ comp if they’re hurt while working from home, but it’s far from the easy money many people think.
How do I file a workers’ comp claim if I’m injured at home?
Like all other workers’ comp claims, it all starts with an injury report. However, you’ll have to prove that you were hurt on the job, while you were clocked in, and while you were performing company-related tasks. An on the job injury lawyer in Long Island can help you figure out whether or not you have a valid claim on your hands, so make sure you get in touch with one as soon as possible.
What is the personal comfort doctrine?
The personal comfort doctrine is a holdover from working in an actual office, rather than just working from home. There are certain tasks that aren’t exactly work-related, but still covered by workers’ compensation if they cause injury. For example, getting up and getting a drink of water isn’t necessarily a work-related task, but it’s necessary for personal comfort. If you tripped and fell on the way to the kitchen for a drink, you may have a claim on your hands.
Does my house count as a secondary workplace?
Some people have a hybrid setup for work: They work some days in the office, and some days at home. However, if they’re injured during their commute, this hybrid arrangement may mean they can file a workers’ compensation claim. Ordinarily, your commute to work isn’t covered by workers’ comp. However, if your home is acknowledged by your management to count as a secondary workplace, that commute to and from home suddenly becomes business travel, and should be protected as such.
How can a workers’ compensation lawyer help me?
Workers’ comp isn’t easy. It takes a mountain of paperwork, and it can be frustrating, stressful, and confusing to file a claim. Fortunately, a workers’ compensation lawyer can help you navigate the challenges of your workers’ comp claim, so you can focus on your recovery instead of on all the paperwork.
Get in Touch with Us Today
At Polsky, Shouldice & Rosen, P.C., your recovery is what matters most. If you’ve been injured on the job (whether at home, at the office, or anywhere in between) get in touch with us today. Contact us for a free consultation, and see how an on the job injury lawyer in Long Island can help you rebuild your future.
Call Polsky, Shouldice & Rosen, P.C.
Please call us if you need questions answered regarding your workers compensation claim. All too often people handle their claim on their own, but there are so many ways that things can go wrong. You may have even been approved for workers comp benefits but then saw your amount doesn’t cover what you need. Whatever the case may be, we are happy to help by providing quality legal services and support. Reach out to a Lawyer for On The Job Injury in Long Island from Polsky, Shouldice & Rosen, P.C. now for more details about how we can help you![/vc_column_text][/vc_column]