On the Job Injury Lawyer – Queens, NY Queens NY On The Job Injury Lawyer

Nearly all states have very strict laws about the illegality of an employer retaliating against an employee who has filed for workers’ compensation benefits. If you believe you are being retaliated against after being injured while at work, it is important to seek the guidance of an experienced Queens, New York on the job injury lawyer. The legal team at Polsky, Shouldice & Rosen, P.C. has extensive experience dealing with all manner of workers’ compensation and job injury matters, so please do not hesitate to reach out to us today. 

Workers’ compensation laws do vary by state; however, these laws generally require most employers to carry insurance coverage for employees who fall ill or are injured while working. There are special exemptions, and these typically apply to employers who have fewer than a certain number of employees, own an agricultural company, or are federally registered. If an employer is exempt from carrying workers’ compensation insurance, you may not be able to receive these specific benefits. In the event this is true for you, it may be possible that you can recover your lost expenses through other means; such as, a personal injury claim. Please consider scheduling a consultation with a Queens, NY on the job injury lawyer today in order to explore your legal options fully. 

Understanding Workers’ Compensation Insurance

The amount of money an employer will have to pay for workers’ compensation is dependent on the number of claims that have been filed in the past. In general, the more injuries and illnesses that have occurred, the higher their insurance premium will be. For this reason, it is certainly possible that an employer would try to avoid having certain injuries reported in an effort to minimize financial liability. In this case, the employer might ask the employee not to file a workers’ compensation claim. Alternatively, an employer may try to retaliate in the event that a worker files a claim. As such retaliation is illegal, it is important to connect with a Queens, NY on the job injury lawyer if this is happening to you.  

On the Job Injury Attorney - Queens, NY

Some jobs require workers to move their bodies in repetitive ways. Oftentimes, unnatural motions performed repeatedly can result in a repetitive stress injury which can not only be painful, but also result in the inability to work. If you have been diagnosed with a repetitive stress injury, it is recommended that you speak with a Queens, New York on the job injury attorney today. Workers’ compensation benefits may be available to you; however, to receive them in their maximum amount, you may benefit from having the legal team at Polsky, Shouldice & Rosen, P.C. on your side. 

Repetitive Stress Injuries

According to OSHA, repetitive stress injuries account for at least one third of all workers’ compensation claims filed in the US. These types of injuries are broad and can be located on all parts of the body. They are a result of repetitive movements, motions, or postures that cause strain, and eventually an injury. It may take several months or even years to notice the physical symptoms. In general, the longer it takes to notice them, the more damage has been done. 

Because of the complexity of workers’ compensation claims, particularly in relation to repetitive stress injuries, you may benefit from speaking with a Queens, NY on the job injury attorney before you attempt to file a claim. Legal guidance can be valuable under such circumstances, because some workers’ compensation providers tend to reject repetitive stress claims as injuries resulting from non-work activity. An experienced Queens, NY on the job injury attorney understands how to successfully counter this stance, whenever possible. 

How Repetitive Stress Injuries Happen

Today, many workplaces are fast moving and request employees to exert their bodies to the limit. Sitting or standing for excessive periods of time, while conducting tasks, can lead to inflammation, pain, and injury. Certain worker populations may be especially prone to repetitive stress injuries:

Computer Workers – Sitting in front of a computer for hours every day can result in neck and shoulder pain, carpal tunnel syndrome, and eye problems. 

Construction Workers – People who work in the construction industry may be especially prone to repetitive stress injuries. Repetitive motions of swinging a hammer, heavy lifting, looking upwards for long periods of time, or using a jackhammer can cause long term injuries. 

Workers Who Sit or Stand a Lot – Excessive standing or sitting can damage the body. Whether you sit at a desk for 7 hours a day or work as a waitress for many hours, you may be at risk for developing a repetitive stress injury. 

Commercial Painters – Painters, as well as window washers, use the back, neck, and shoulders while working. They may develop neck pain and pain in other parts of their body that is a result of standing or constant looking upwards. 

This is just a sampling of those working populations especially prone to repetitive stress injuries. If you have developed a repetitive stress injury, and would like to know whether or not you can get workers’ compensation, please call a Queens, NY on the job injury attorney today. 

Queens On The Job Injury Lawyer

A Queens On The Job Injury Lawyer from Polsky, Shouldice & Rosen, P.C. is used to answering questions people have about recent work injury accidents. If you or a loved one was injured or became ill at work, you may need legal guidance to better understand your options and how to handle the situation with your best interests in mind. If your employer has a workers comp program, then you may receive coverage for medical care, loss of wage, and more.

We provide free initial consultations for new clients who are interested in getting advdice from a legal professional. While your friends, family, and coworkers may give you advice for your workers comp claim, it is important that you get insight that is personal for your unique circumstances. 

It is required that I have a workers compensation lawyer help me?

If you missed a couple days of work and your injury wasn’t severe, then you may not need help from a lawyer. However, even in what may appear to be a simple case, there are times when things can go wrong. For example, your employer may mishandle your claim intentionally so you don’t receive benefits. Or, you may be wrongfully denied coverage when you are rightfully due benefits. You may even have been approved for workers benefits, but aren’t getting enough to cover your expenses.

What if the accident was my fault?
Unless you had engaged in risky behavior, were under the influence of drugs or alcohol, or started a fight at work, then determining who was at-fault is not so much of a concern. In fact, worker comp programs were established to protect both employee and employer in the event of a workplace injury accident. The priority of your Queens, NY On The Job Injury Lawyer will be to oversee the process of your workers comp claim and ensure that your case is being treated fairly.

What types of benefits can I get from workers comp?

At the very least, your employer’s workers compensation program should cover medical bills that are reasonable based on the severity of the injury. There are paymentn limits for specific kinds of treatment, such as physical therapy and chiropractic care. If you miss more than a few days at work, you may also be entitled to get temporary disability benefits to fill the gap in your lost income.

If your injury is going to last long-term or permanently, you may be eligible for permanent disability benefits. Other benefits you may be qualified for include coverage for retraining and classes. If a family member passed away at work, then the surviving family may be awarded death benefits under workers compensation.

What if a claim adjuster calls me?

Claim adjusters handle workers comp claims, and may contect you to verify the details of your injury and the accident. You must be wary of what you say to this representative, as your words may be misconstrued and taken for your injury or condition not actually being as serious as you claim. This person is not your friend, no matter how friendly they may be, so we suggest letting us take over the call instead.

Job Injury workers comp claim Infographic

Call Polsky, Shouldice & Rosen, P.C. to book your free initial consultation with an On The Job Injury Lawyer in Queens today. 

Compensation for an Employee Who Was Discriminated Against After Filing for Workers’ Compensation

If you had the right to file for workers’ compensation, and you can prove that you were retaliated against after you filed for the benefits, a separate lawsuit may be filed against your employer. A Queens, NY on the job injury lawyer can help. If you win your case, you may recover damages for:

  • Past wages
  • Future wages
  • Emotional anguish
  • Legal fees
  • + More

Retaliation for workers’ compensation lawsuits tend to be very expensive for the employer because most states do not have any caps on these claims. This means an employer will likely want to settle out of court, and as fast as possible. 

Main Office:

Contact Our New York
Workers Compensation Lawyers

500 Merrick Rd, Rockville Centre, NY 11570
(516) 594 0909

Brooklyn Office:

Contact Our Brooklyn
Workers Compensation Lawyers

One Pierrepont Plaza, 300 Cadman Plz W 12th floor, Brooklyn, NY 11201
(718) 875-0909

Brooklyn Office:

Contact Our Brooklyn
Workers Compensation Lawyers

One Pierrepont Plaza, 300 Cadman Plz W 12th floor, Brooklyn, NY 11201
(718) 875-0909