On the Job Injury Lawyer – Queens, NY
Over the years, researchers have determined that when you are exposed to asbestos, whether it is at work, home, or simply through second-hand exposure, that exposure can be deadly. It is an employer’s job to protect their employees and contractors when it comes to asbestos exposure. This does not necessarily mean that the building you work in does not have asbestos in it. In fact, simply working in a building that has some form of asbestos does not mean you are at risk. However, it is when the asbestos is exposed, so that you can inhale its fibers, you can be at risk for developing asbestos-related diseases. Thus, when your employer does not properly protect you from asbestos at your job or on a job-site and you inhale it, this could result in a life-threatening disease. If you were exposed to asbestos on the job and are suffering from an asbestos-related injury, contact Polsky, Shouldice & Rosen, P.C. in order to schedule a consultation. Once we understand your circumstances, we will be able to advise you of all of your legal options accordingly.
You use your knees in your everyday life and at work. If you sustain a knee injury, it will become very difficult to bend, stand and even sit down. Unfortunately, it’s possible to suffer knee injuries just about anywhere, including the workplace. While most knee injuries occur in strenuous jobs, like construction, they can also occur in sedentary jobs. If you believe you injured your knee at work, you may be eligible for workers’ compensation benefits. An experienced Queens, New York on the job injury lawyer will be able to clarify your situation and help you to fully explore your legal options.
Causes of Knee Injuries at Work
Falls are one of the most common ways employees suffer knee injuries at work. Whether it’s a big or small fall, you can suffer serious knee damage. Here are some examples of the type of damage that your knee can suffer during a fall:
– Dislocated Knee: It’s possible to dislocate your knee during a fall. When this happens, you knock it out of its normal position. These knee injuries typically occur during blunt force trauma.
– Chrondromalacia Patallae: If you bend your knee after taking a fall, you could develop this injury. The cartilage can tear and you can experience acute pain at the front of your knee. In addition to pain, you may experience a grinding or clicking noise when you bend or straighten your knee.
-Fractured Kneecap: A fall can also fracture the patella at the front of the knee. You may also injure the surrounding tendons and ligaments.
If you are eligible for workers’ compensation benefits, the exact nature of your injury should and the nature of your fall should not matter in re: receiving the benefits you are entitled to. If you are not eligible for such benefits, a Queens, NY on the job injury lawyer may be able to help you file an alternative legal claim.
Treatments for Knee Injuries
There are many types of treatments available for knee injuries these days. The type of treatment you will receive will depend on several factors, such as the type of injury you sustained. For example, if your knee injury was fairly minor, your doctor may suggest to get plenty of rest and keep the knee elevated. Alternating ice and heat may also reduce pain and swelling.
If your knee injury more severe, physical therapy may be necessary. A physical therapist will have you do several exercises to make your knees stronger again.
Surgery may be needed for the most severe knee fractures, but it’s generally a last resort. Allowing a Queens, NY on the job injury lawyer to help you secure any compensation you may be entitled to will help to ensure that your medical costs (now and into the future) remain manageable.
Getting Workers’ Compensation Benefits for Knee Injuries
If you suffered a knee injury at work, it’s important to file a workers’ compensation claim as soon as possible. The compensation should be able to cover your medical bills and lost wages.
However, if your knee injury requires extensive treatment, your claim may get more complicated. Severe injuries often require tens of thousands of dollars in treatment costs and many insurance companies don’t want to pay that. That’s why it’s very important to hire an experienced Queens, NY on the job injury lawyer to handle your case. The legal team at Polsky, Shouldice & Rosen, P.C. can make sure your legal rights are protected and improve your chances of getting a fair settlement.
Asbestos exposure: Construction Workers
Some of the highest-risk jobs that you can have when it comes to asbestos exposure involve working on the construction industry. Asbestos fibers are microscopic and are found in many items and tools that construction workers use on a regular basis, including floor tiles, ceiling tiles, pipes, insulation, and many other construction materials. While it is generally illegal for companies to use asbestos in their materials, a construction worker can be unknowingly exposed by renovating buildings, demoing buildings, and even conducting small repairs. It is therefore important to connect with a Queens, New York on the job injury lawyer as soon as you learn you have been exposed and/or harmed by this substance. Acting quickly can not only be beneficial medically, it can help you to protect your fellow workers from getting sick as well.
What kind of claim can a construction worker submit for asbestos-related illnesses?
When a construction worker is dealing with an asbestos-related illness that occurred because they were exposed on the job, they can file a legal claim with the assistance of a Queens on the job injury lawyer. In a personal injury case, there are three things that they must prove:
- The defendant (perhaps the building owner or construction company) had the duty to protect the construction worker from the asbestos.
- The defendant did not hold up their end of the deal and did not protect the construction worker.
- Because of this breach of duty in care, the construction worker was harmed.
Examples of Breaches in Duty
A few examples of breaches in duty are:
- Not monitoring the air quality properly.
- Not providing construction workers with their own personal devices to monitor exposure.
- Not using the appropriate ventilation systems to eliminate or reduce the asbestos.
Are there regulations regarding employee safety?
Yes. The Occupational Safety and Health Administration has strict rules and regulations regarding the safety of employees, and this means that the employer is required to monitor the air quality in environments where there is likely to be asbestos. While asbestos is common and airborne (many people breathe in certain amounts of asbestos particles every day but not in dangerous quantities), the employer should successfully monitor a site to determine when it becomes dangerous. There are often many ways that a Queens on the job injury lawyer can hold negligent employers accountable for their behavior.
If you are a construction worker and you are suffering from an illness because your employer allowed you to be exposed to asbestos, please connect with a Queens on the job injury lawyer as soon as you can. Your legal options may become more limited over time, so it is important to act now.
Responsibilities Of Legal Professionals In The Workplace
When we think of the legal profession, we often picture courtrooms, judges, and high-stakes trials. However, much of the work of a lawyer happens behind the scenes, particularly within their own work environments. Here’s a look at what a skilled Queens NY on the job injury lawyer
does on a daily basis. Always reach out to Polsky, Shouldice & Rosen, P.C. if you need assistance.
Drafting And Reviewing Legal Documents
One of the primary responsibilities involves the creation and scrutiny of legal documents. Whether it’s contracts, agreements, wills, or trusts, ensuring that these documents are legally sound and accurately reflect the intentions of the parties involved is crucial. Precision and attention to detail are key skills in performing this duty effectively.
Advising Clients
Legal advisors provide invaluable advice to clients on a wide range of issues. They must interpret how the law applies to a client’s specific situation and provide clear, actionable advice. Often, this involves translating complex legal jargon into understandable terms to help clients make informed decisions.
Negotiating Deals
Negotiation is a fundamental aspect of legal work. Lawyers often find themselves mediating between parties, striving to reach agreements that serve the interests of their clients while maintaining fairness and compliance with the law. This requires a combination of keen insight, strategic thinking, and persuasive communication.
Conducting Legal Research
To effectively advise, negotiate, and draft documents, lawyers spend a considerable amount of time researching relevant laws, regulations, and precedents. This is vital to ensure accurate information is used to support legal arguments and strategies.
Representing Clients In Court
While not all Queens on the job injury lawyers appear in court, those who do must be adept at arguing their cases before a judge or jury. This involves a thorough understanding of legal procedure and the ability to think quickly and react to developments in the courtroom.
Maintaining Client Confidentiality
A fundamental aspect of legal practice is maintaining the confidentiality of client information. Protecting sensitive data is not only a matter of legal compliance but also of trust and professionalism.
Developing Strategies
Strategic planning is crucial in the legal field. Whether preparing for a court case or negotiating a deal, lawyers need to develop strategies that position their clients for the best possible outcomes. This involves foresight, innovative thinking, and a deep understanding of legal and business contexts.
Managing Case Files
Effective case management is essential to keep all legal matters organized and progressing smoothly. Lawyers must maintain detailed records of their cases, which involves coordinating various tasks, deadlines, and documentation.
Continuing Legal Education
The law is constantly evolving, and staying updated is non-negotiable for legal professionals. This includes attending seminars, taking courses, and reading up on the latest legal developments. Ongoing education is crucial to maintaining legal acumen and providing the best service to clients.
Building Professional Networks
Networking is key in the legal industry. Establishing and maintaining relationships with other legal professionals, as well as industries related to their areas of practice, can lead to new opportunities and insights that enhance a lawyer’s ability to serve their clients effectively.
Ready To Seek Professional Legal Guidance?
Understanding the diverse roles and responsibilities of a Queens on the job injury attorney within their professional setting helps illuminate the breadth and depth of their expertise. If you find yourself in need of legal assistance, consider reaching out to our team. We are dedicated to providing top-tier legal support, guided by years of experience and a commitment to excellence. Contact us today to see how we can assist you in navigating your legal challenges.
Understanding The Types Of Compensation Available In Legal Claims
When facing legal issues, one of the most common concerns is what type of compensation or remedies are available. Whether you’re dealing with a personal injury case, employment dispute, or any other legal matter, understanding the potential compensations can significantly impact your decisions and expectations. Here’s a comprehensive guide to the various types of compensation you might encounter in legal claims. A Queens NY on the job injury lawyer can help. Contact Polsky, Shouldice & Rosen, P.C today!
Compensatory Damages: Addressing Your Losses
Compensatory damages are intended to make the injured party “whole” again from a monetary standpoint. These damages cover the actual losses incurred as a result of the wrongdoing or negligence of another party. They can be categorized further into two types:
-Economic Damages: These include quantifiable losses such as medical expenses, lost wages, property damage, and future lost income.
-Non-Economic Damages: These are intended to cover losses that are not monetary but still significant, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive Damages: Discouraging Wrongdoing
Unlike compensatory damages, punitive damages are awarded not to compensate the plaintiff but to punish the defendant for particularly harmful behavior and to deter similar actions in the future. These are not awarded in every case and are subject to specific legal standards that vary by jurisdiction. A Queens on the job attorney can determine if you may deserve this compensation.
Restitution: Preventing Unjust Enrichment*
Restitution is often used in cases involving contracts and unjust enrichment. This type of compensation is aimed at restoring the injured party to the position they would have been in had the wrongdoing not occurred. It involves the return of stolen or misappropriated funds, assets, or other benefits.
Statutory Damages: Predetermined Awards
In some cases, particularly those involving statutory violations such as copyright infringement, the law specifies the amount of damages that can be awarded. Statutory damages are awarded when actual damages are difficult to determine, providing a means to calculate compensation based on a per incident or per violation basis.
Liquidated Damages: Contractually Agreed Upon
Liquidated damages are specific damages that the parties agree to in a contract, to be paid if one of the parties breaches the contract. These are predetermined amounts and are enforceable if they are a reasonable estimate of actual damages that might result from a breach.
Injunctive Relief: Preventing Future Harm
Sometimes monetary compensation isn’t adequate to resolve a legal issue. Injunctive relief involves a court order to stop or start doing a specific act to prevent further harm or injustice. Examples include cease and desist orders or orders to comply with environmental protection standards.
Equitable Remedies: Fairness-Based Resolutions
When monetary damages are insufficient or inappropriate for the situation, courts may award equitable remedies. These include specific performance, where the court orders a party to perform their part of a contract, or reformation, where the terms of a contract are rewritten to better reflect the intentions of the parties.
Navigating Your Legal Options
Understanding the different types of compensation can help you navigate your legal journey more effectively. Whether you’re initiating a lawsuit or find yourself defending one, knowing what’s at stake can guide your strategy and negotiations. If you have questions about compensation in your specific case, our experienced Queens on the job injury lawyers are here to help. We provide expert advice tailored to your unique situation, helping you achieve the best possible outcome. Reach out today to discuss your legal needs and how we can assist you.