Your Dedicated Work Injury Attorney
If you’ve been hurt on the job, our Queens, NY work injury attorney is here to help. Getting injured at work isn’t something you expect and can be quite overwhelming. Unfortunately, your employer and their insurance company might make things harder for you. They may try to drive down the value of your claim to save themselves money. Be aware of this, and don’t let them take advantage of you or manipulate you out of the compensation you deserve. Our qualified attorneys can help you seek the compensation you deserve and protect your legal rights. Workers’ comp is all we do. Put our dedication and decades of experience in your corner today. Contact our team at Polsky, Shouldice & Rosen, P.C. today to schedule a free consultation.
Table of Contents
Common Misconceptions About Workers’ Compensation
If you suffer an injury at work, you have the right to file a workers’ compensation claim. If your claim gets approved, your medical bills and lost wages that resulted from the injury will be taken care of. However, believing certain untruths about workers’ compensation may prevent some people from going after the compensation they deserve.
Here are a few common myths about workers’ compensation that you shouldn’t believe.
- You can only receive benefits for serious injuries. Many work accidents result in serious injuries, like traumatic brain injuries and spinal cord injuries. However, that doesn’t mean that workers don’t suffer minor injuries from time to time. Minor injuries can still result in hefty medical bills, and you deserve to be compensated for that.
- Filing a workers’ compensation claim can put your job at risk. Unfortunately, some injured employees shy away from filing a workers’ compensation claim because they’re afraid of losing their jobs. However, it’s illegal for any employer to fire a worker for filing a workers’ compensation claim. If your employer still tries to fire you or retaliate against you in any way, contact a Queens NY work injury attorney immediately.
- If your claim gets denied, there’s nothing you can do. It’s not uncommon for initial workers’ compensation claims to get denied. That does not mean that all hope is lost. If you believe that your employer wrongly denied your claim, you can file an appeal. An experienced work injury attorney can help you with the appeals process.
- If the accident was your fault, you’re not eligible for benefits. This is another common misconception about workers’ compensation. The reality is that fault isn’t a factor considered in workers’ compensation cases. If you suffered an accident because you were inattentive, for example, you’re still eligible to receive benefits. On the other hand, if the accident occurred while you were under the influence of drugs or alcohol, you can’t receive benefits.
- If I got injured off-site, I don’t qualify for workers’ compensation. This isn’t true either. Just because you didn’t get injured at your work site, doesn’t mean that you are not eligible for benefits. As long as you were performing your job while you got hurt, the location doesn’t matter. For instance, if you drive a vehicle for work and got into a car accident, you still qualify for benefits.
White-Collar Work Injuries
Accidents can happen anytime, any place – all the more reason to get in touch with a Queens, New York work injury attorney. When you clock in, you expect your employer to take care of your health and safety, and they should. You’re an employee, and a valuable asset for them, whether you’re working in a dangerous job site or a simple office.
Most people assume workplace injuries only happen when there’s a high risk of injury. They think of factories or heavy machinery. And they’re right to immediately assume that work injuries happen in these locations. However, people aren’t completely safe because their job involves sitting down and looking at a computer all day.
White collar injuries happen. And when they do, they deserve to be treated just as seriously as an injury on an industrial jobsite. If you work in an office and you sustain an injury, you should be cared for and accommodated, and our Queens work injury attorney can help you get the care you deserve. Read on to learn more about white collar accidents and injuries, and see how Polsky, Shouldice & Rosen, P.C. can help.
Offices Aren’t As Safe As You’d Expect
Unfortunately, offices aren’t the comfortable paradises many people think of when they hear “white collar”. While there’s certainly less heavy equipment and risk of serious physical injury, offices come with their own charming hazards.
We’ve all heard of carpal tunnel syndrome. Improper ergonomics can lead to a compressed nerve on the underside of your wrist, greatly impairing your mobility and your ability to keep working at your computer. While cushions or padding is intended to help avoid carpal tunnel syndrome, there’s no guarantee your employer was concerned enough to provide you with what you need to keep yourself safe.
And of course, offices aren’t free from minor slip ups, either. Slip and falls are a major problem whether you’re at work or not – they’re those innocuous little trips, slips, and spills that seem minor until a few weeks down the line, and you realize that something is seriously wrong. Most people are too embarrassed or intimidated to report their slips and falls, and in an office there may be a culture of toxicity that keeps people from getting the care they need. Nobody wants to be the “tripped over an electrical cord” guy.
Office injuries deserve the same attention as any injury sustained in a construction site, warehouse, or factory. And if your employers refuse to provide compensation for your office-related injury, it’s time to pursue legal action with our work injury attorneys possible.
How To Choose An Attorney
Ask For Referrals
Some of your family and friends have probably worked with a work injury lawyer. So, ask about their experiences. Make sure you get the details on what working with the lawyer was. Ask about whether the outcome was favorable, the lawyer’s helpfulness, the lawyer’s consideration, and their trial experience.
Research Your Options
An online search is also another way to get some names. While it’s tempting to stay close to home, you should also search nearby areas and be ready to travel to your lawyer. Browsing rating and review sites are one way to find the best options quickly. For example, you’ll notice our staff at Polsky, Shouldice, & Rosen, PC on them with many positive ratings.
Make Your Own List Of Criteria
Once you have a list of names, you need to figure out what criteria are essential. For instance, it may be vital to hire a lawyer that charges no upfront fees. Narrowing your search like this will help you eliminate lawyers who won’t fit your bill.
Additionally, we recommend considering the injury type to narrow the search further. For instance, some lawyers specialize in work injuries while others are better at medical malpractice. You want to ensure your lawyer meshes with the needs of your case. Other things to include in your criteria are success rates, client ratings, case fees, experience, availability, credentials, firm size, and specialty.
Create A List Of Suitable Candidates
Now that you have a substantial list, narrow it down to four or five you want to consult. Narrowing your options will help because you will need to speak to each of the candidates before choosing one. Provide each attorney with the details of your case and go over it with them. Consultations can be lengthy, so it’s best to go with the top options than all candidates.
Choose The Best Fit For You
After consulting with several lawyers, you’ll be ready to choose the best Queens work injury attorney for your case. Aside from considering the criteria, you laid out, think about your instincts. You don’t want to change lawyers in the middle of the case. Therefore, you want to make sure you take the time to get a feel for the attorneys and discuss your case. Get an idea of their methods and how they want to handle your situation. The right lawyer will make you feel heard and meet your needs.
What To Do After You’ve Been In A Work Accident
After you’ve been injured in an accident at work, it’s normal to be in shock. However, in order to receive the workers’ compensation you’re entitled to, it’s necessary to take quick action. Here are the steps you should follow after getting injured.
- Tell Your Employer Immediately: It’s important to inform your boss about the work accident as soon as it happens. In the state of New York, you have just 30 days to report an injury to an employer. Once that time has passed, you may no longer be eligible for compensation. When you tell your employer about the accident, be sure to mention where and how it occurred. They will then file the workers’ compensation claim on your behalf.
- See A Doctor: Even if your injury seems fairly minor right now, you should still see a doctor right away. Some injuries get worse over time and you don’t want to put your health at risk. Plus, if you wait too long to seek treatment, your employer’s insurance company may argue that you aren’t as hurt as you claim to be. Keep in mind that your employer may require to see a certain doctor initially. However, if you’re not satisfied with the doctor, you may be able to choose your own physician.
- Follow Your Doctor’s Instructions: After your doctor diagnoses your injury, he or she will determine the appropriate treatment plan. For instance, if you suffered a whiplash injury, your doctor may advise you to go to physical therapy. It’s important to take your doctor’s instructions seriously and follow through on them. Don’t skip appointments just because you’re starting to feel better. You could jeopardize both your health and settlement.
- Speak With A Lawyer: While straightforward workers’ compensation cases may not require legal assistance, other cases may need a lawyer. If your case has any complexities, it may be necessary to hire our Queens work injury attorney. For instance, if your employer has retaliated against you for filing a claim, you need legal assistance.
Queens Work Injury Infographic
FAQs
Can I Receive Benefits If I Am Not Injured At My Workplace?
You can still receive benefits if you are injured somewhere other than your workplace, as long as you are injured while you are working, and your injury was caused by a work-related activity. If you have a question about whether your illness or injury qualifies as work-related, our team at Polsky, Shouldice & Rosen, P.C. may be able to help you.
Does Workers’ Compensation Cover Illnesses And Injuries That Develop Over Time?
Some injuries or illnesses, such as chronic back pain or repetitive stress injuries, that develop over time may be covered by workers’ compensation. However, special rules may apply and these cases can sometimes be more difficult to prove.
Does Workers’ Compensation Cover All Employees?
Not all employers are required to purchase workers’ compensation coverage. State laws dictate which employers must have coverage, but the rules usually depend on what type of business it is, how many employees it has and what type of work the employees do. Many states exclude certain types of workers, such as domestic employees, farmworkers and seasonal workers from coverage. If you are not sure whether you qualify for coverage, a Queens, NY work injury attorney may be able to help.
Can I Choose My Doctor?
States determine whether employers can require employees to see a specific doctor. In New York, employees usually have the right to choose their doctor. If a dispute arises, you may want to contact your attorney for clarification about the law.
What Can I Do If My Workers’ Compensation Claim Gets Denied?
You should receive a letter that explains why your claim was denied. That letter should also provide you with information about how to appeal the denial decision. If you need help with your appeal, our attorneys at Polsky, Shouldice & Rosen, P.C. may be able to provide assistance.
Will I Receive A Workers’ Compensation Settlement?
Most workers’ compensation claims are resolved through a settlement agreement. However, if your injuries are minor, you may opt not to request anything beyond coverage for your medical expenses and missed work. If you are unable to reach a settlement agreement with the insurance company, you may have a hearing or a trial where a workers’ compensation judge will make a ruling on your case.
Contact Our Workers’ Comp Firm Today
At Polsky, Shouldice & Rosen, P.C., we understand how frustrating it can be to voice your concerns and complaints, only for them to fall on deaf ears. We know that your injury has brought you pain and suffering, and we know that your injury has also prevented you from carrying on with your daily routine. Injuries and medical care take time and money, and you shouldn’t have to pay out of pocket if your injuries were due to someone else’s irresponsibility.
Get in touch with Polsky, Shouldice & Rosen, P.C. today, and see how our Queens work injury attorney can help you get the compensation you deserve.
