You deserve to feel safe at work. Unfortunately, accidents do happen, but you do have the right to seek workers’ comp benefits if you get injured on the job. The process of filing a claim can get complicated, which isn’t something you want to have to worry about after an injury. You also don’t want to risk missing out on the funds you need to cover medical expenses or lost wages from any time you had to take off work to recover, and working with a Queens, NY workers’ compensation lawyer for comprehensive legal support may help maximize your compensation.
At Polsky, Shouldice & Rosen, P.C., we offer over 30 years of experience advocating for New York workers. We’ll work hard to protect your rights, advocate for better safety in your workplace, and maximize your compensation. Whether you’ve been denied benefits or are just starting the claims process, our attorneys are here to help. Call us today to get set up with a free consultation.
What You Should Know About Workers’ Comp Benefits
Workers’ compensation laws exist to protect employees who have been injured or become ill on the job by providing them with necessary medical care and wage replacement benefits. As long as the injury was work-related, it should be covered.
New York’s workers’ compensation program operates under a no-fault system. This means that employees in the state do not need to prove that their employer was negligent to receive benefits. In exchange for these no-fault benefits, New York employees generally can’t sue their employer for their work-related injury or illness, unless their case involves gross negligence or intentional harm.
You should also know:
- You’re required to report your injury to your employer within 30 days and file a claim with the New York Workers’ Compensation Board within two years to be eligible to receive benefits.
- All necessary medical treatment for the injury or illness will be covered. This includes doctor’s visits, hospital stays, surgeries, and physical therapy.
- If you’re unable to work for more than seven days due to the injury, you’re eligible to receive wage replacement benefits. (These typically equal two-thirds of the worker’s average weekly wage, but there are caps based on statewide averages.)
- If you’ve suffered permanent injuries, you may be entitled to additional compensation based on the extent of the disability.
Common Workplace Injuries
Our Queens workers’ compensation lawyers have handled a variety of cases, from serious construction site injuries to carpal tunnel syndrome caused by assembly line work. The following are examples of some more common work-related injuries that clients have come to us with:
- Repetitive strain injuries (RSIs)
- Vision and hearing loss
- Slips, trips, and falls
- Fractures and broken bones
- Concussions and other head injuries
- Respiratory illnesses
- Burns, cuts, and lacerations
The Process Of Filing A Claim
Once you’ve reported your condition to your employer (remember—do this within 30 days of the incident), they’re required to provide you with a C-3 form. This form will detail the nature of your injury, how it happened, and any medical treatment you’ve received for it. You’ll generally have two years to complete and file this paperwork with the New York Workers’ Compensation Board. Certain exceptions are in place for workers whose ailments manifested after a period of time (asbestos and mesothelioma cases, for example).
After you file your claim, your employer’s insurance provider will investigate your case. If it’s approved, you’ll start receiving benefits. If it’s denied, you have the option to appeal it and request a hearing before the Board.
Put Our Experience To Work
No matter where you’re at in the legal process, enlisting the help of an attorney can make all the difference in the outcome of your case. Our Queens workers’ compensation lawyers at Polsky, Shouldice & Rosen, P.C. have the knowledge and insights needed to seek the benefits you need and deserve. Let’s work together to position your claim for success. Contact our firm today to book your free consultation.
Injuries That Qualify For Workers’ Compensation Benefits
Medical costs and lost income can have a financial impact on those injured on the job, and workers’ compensation coverage can serve as a crucial safety net for victims experiencing these types of hardships. When injuries occur, it can be overwhelming for individuals to figure out what’s covered and how to seek compensation. In general, many physical injuries that happen during the course of employment may qualify, regardless of the work setting. From accidents involving machinery to slip-and-fall injuries, understanding which types of injuries commonly fall under workers’ compensation is helpful for facing the recovery process and financial support. For those in need of guidance, a Queens, NY workers compensation lawyer can provide further clarification.
Common Workplace Injuries That Are Covered
Workplace injuries come in various forms and can range from minor to life-altering. One of the most common injuries covered includes repetitive strain injuries (RSIs), such as carpal tunnel syndrome. These injuries typically occur over time due to repetitive motions, which may lead to inflammation, pain, and limited mobility. While they might not appear severe initially, RSIs can significantly affect a person’s ability to work effectively and may require medical intervention or even surgery.
Another prevalent category includes injuries caused by slip-and-fall incidents, which often occur in settings with uneven floors, spills, or cluttered pathways. These accidents can result in fractures, head trauma, and soft tissue damage. Workers in manufacturing or construction are particularly vulnerable to these injuries, although they can happen in almost any industry. These incidents highlight the importance of safe work environments, as even a minor fall can lead to extended recovery periods and expensive medical treatment.
Traumatic Injuries From Machinery And Equipment
Traumatic injuries are unfortunately all too common in environments that rely on heavy machinery. These incidents can involve anything from crushed limbs to deep lacerations. Manufacturing, construction, and agricultural sectors frequently see injuries related to equipment operation, particularly when machines malfunction or safety protocols are overlooked. Employers are typically required to provide adequate training for operating machinery, yet accidents can still occur due to unforeseen circumstances or mechanical failures. Traumatic injuries often demand emergency medical attention, and many workers may be eligible for compensation to aid in their recovery and cover lost wages during this period.
Our Queens workers compensation lawyer often sees workers with back injuries, which can stem from various physical demands such as lifting heavy objects or twisting in confined spaces. Back injuries can include anything from strained muscles to severe spinal damage, sometimes leading to chronic pain and reduced mobility. These types of injuries can greatly impact a worker’s quality of life and may limit their ability to perform essential job functions, making compensation essential to cover ongoing care.
Mental And Emotional Impact Of Workplace Injuries
While physical injuries are the most apparent aspect of workplace incidents, it’s essential to recognize the psychological impact that can accompany these events. After a significant injury, many individuals experience stress, anxiety, or even post-traumatic stress disorder (PTSD). Workplace incidents can be traumatic, especially when workers face long recovery periods, financial stress, and career uncertainty. Fortunately, workers’ compensation benefits sometimes extend to mental health treatments related to work injuries, offering support to help employees recover more comprehensively.
Emotional recovery is often as essential as physical healing, and resources are available to assist in that process. For example, therapy and counseling services might be covered as part of workers’ compensation to address emotional and mental health concerns stemming from a workplace injury. Addressing these areas can make a meaningful difference in a worker’s ability to fully recover and re-engage with their role when the time is right.
Steps To Take When Recovering From A Workplace Injury
Workers’ compensation benefits support the medical recovery and financial stability of workers who have been injured on the job. Filing a claim and managing the process can be challenging, particularly while dealing with an injury. Securing legal assistance from those experienced in the field can make a significant difference in the outcome of a claim. Workers who suffer injuries in a range of fields can benefit from knowing their rights and seeking guidance to secure the support they’re entitled to receive. If you’re looking for help, consulting with a Queens workers compensation lawyer can clarify the benefits you qualify for.
In sum, the path to recovery from a workplace injury often extends beyond physical treatment, encompassing financial and emotional support that helps individuals regain their well-being and productivity. For those with questions or concerns about qualifying for these benefits, reaching out to Polsky, Shouldice & Rosen, P.C. for a free consultation can be the first step in securing the assistance they need. Our team is prepared to provide you the support you need, when you need it, by offering 24/7 live phone answering.
