Questions To Ask Your Workers’ Compensation Lawyer
Choosing the right New York workers’ compensation lawyer requires looking for experience, professionalism and dedication. A good lawyer encourages clients to ask questions. At Polsky, Shouldice, & Rosen, PC, we can help you find the answers you need and show you the available options for your case. What questions should you ask?
Does It Matter If I’m at Fault for My Injury?
It’s good to ask specific questions about the circumstances surrounding your injury. After all, you don’t want to discover problems in your case after already investing time in it. In New York, workers’ compensation is generally a no-fault system, meaning that it’s not necessary to assign blame.
On the other hand, if someone injures themselves on purpose, workers compensation doesn’t cover it. There are also prohibitions against being intoxicated or under the influence of drugs when the accident happened.
What Type of Doctor Can I See?
Sometimes, you have to follow a certain list of physicians provided by your employer or the insurance company. If this list isn’t provided, you can see any doctor you want for medical treatment. This is one area where workers compensation lawyers in New York can guide you and help you avoid making mistakes.
When a company doctor (not your personal physician) is attending to your injuries, you need to be careful with what you say. Emphasize that you were hurt on the job and be truthful about the injury. Answer the doctor’s questions briefly. Keep other conversations to a minimum, and don’t discuss what caused the injury.
At Polsky, Shouldice, & Rosen, PC, we can provide you with a list of other questions to ask your doctor. These questions can help to determine if you have other injuries that haven’t appeared yet. Medical records are helpful evidence in your case.
What Benefits Do I Qualify For?
Workers’ compensation can provide many types of benefits, ranging from coverage of medical treatment to payments for disability. The benefits you qualify for depend on the nature of your injury and the amount of time that has passed since the accident. Workers compensation lawyers in New York can let you know how strong your case is and what benefits you can apply for.
Can I Sue My Employer?
The same no-fault system that applies to employees also applies to employers. It’s not generally possible to sue your employer if they provide workers’ comp coverage. However, you may be able to sue a third-party business if defective products were at fault for the accident, such as a poorly built ladder.
Does Workers’ Comp Cover Exacerbation of Preexisting Conditions?
It is important to understand that if work-related activities have caused you harm and you’re eligible for workers’ compensation benefits, chances are very, very good that you’re entitled to receive a properly valued payout for your claim. The major coverage exceptions for those who are eligible (and who have been hurt while engaged in work-related activities) involve harm caused while a worker was drunk or otherwise intoxicated or impaired while on the job, harm caused by a fight or altercation that the worker caused, and harm caused by a worker who was trying to get hurt in an effort to commit workers’ compensation insurance fraud. Otherwise, those eligible for these benefits are entitled to them, provided that their occupational illness or injury was work-related.
With that said, some claims are easier to prove than others. When a construction worker tumbles off scaffolding in front of dozens of witnesses, it isn’t easy for a workers’ compensation claims adjuster to argue that the resulting harm was caused by factors outside of the workplace. By contrast, many repetitive stress (also referred to as repetitive trauma) injuries and harm caused by exacerbation of preexisting conditions can be particularly difficult to prove. Workers’ compensation insurance representatives are trained to devalue and/or reject claims when possible, in an effort to avoid paying out more in benefits than is absolutely necessary. So, if an insurance claims adjuster can find reasons to devalue or reject a claim, they will.
Say that you sustained a shoulder injury in high school while playing varsity baseball. Ten years later, your work as a construction laborer began aggravating that old shoulder injury to the point where you now require surgery and physical therapy. In theory, workers’ compensation should cover the medical costs and lost wages associated with the exacerbation of your old injury because it was aggravated as a result of your work-related activities. However, the insurance claims adjuster in your case attempts to blame your efforts to play with your kids, work out regularly at a local gym, and home improvement projects for your shoulder injury aggravation. This hypothetical illustrates why it is so important to work with the experienced New York legal team at Polsky, Shouldice & Rosen, P.C. as soon as you decide to file a claim. We understand the obstacles that workers often face when attempting to file a workers’ compensation claim successfully and we know how to build the strongest possible case on your behalf – whether your injury is straightforward or not.
Are Undocumented Workers Entitled to Benefits?
Some states choose to deny workers’ compensation insurance coverage to workers who don’t possess proper immigration documentation. Thankfully, New York is not one of these states. Whether you are a documented or undocumented worker, if your worker classification entitles you to workers’ compensation benefits, you are empowered to file a legitimate claim without fear of either denial or retaliation.
Contact Our New York Workers’ Compensation Lawyer Today
There is no legal requirement for injured employees to retain Workers Compensation Lawyers in NY. That said, having a lawyer comes with huge benefits. When you file for a worker’s compensation claim, you may find that your claim has been rejected. This can come as an unwelcome surprise, and you may be unsure about how to proceed. Polsky, Shouldice, & Rosen, PC can help you with the appeals process so that you can make an effective case on why you are entitled to your benefits.
