On The Job Injury Lawyer Long Island
At Polsky, Shouldice & Rosen, P.C., an On The Job Injury Lawyer Long Island residents depend on to understand just how overwhelming it can be to receive notice that your workers compensation claim was denied. We are well aware that medical bills, pain and suffering, and lost wages do not simply dissolve into thin air. Being faced with a workers comp denial means that you have to pay for expenses out of your own pocket. If you were the victim in a recent workplace injury accident and were denied coverage, we strongly encourage you to reach out to our offices today for assistance.
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.
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.
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!