Workers' Compensation Lawyer Smithtown, NY
If you have been injured on the job in Smithtown, the period following a workplace accident involves far more than physical recovery. There are forms to file, statutory deadlines to meet, and an insurance carrier working to limit the value of your claim.
Our Smithtown, NY workers' compensation lawyer has represented injured New Yorkers since 1991. Polsky, Shouldice & Rosen, P.C. focuses exclusively on workers' compensation law. Our partners each bring more than 30 years of experience to this single area of practice. That focus is significant because the system is highly specialized, and procedural missteps can reduce or eliminate benefits an injured worker is otherwise entitled to receive.
We have represented Suffolk County workers across a wide range of industries, including construction, healthcare, retail, and transportation. Our Hauppauge office serves Smithtown and the surrounding communities, and we handle cases throughout the New York Workers' Compensation Board system. Contact our firm today to schedule a free consultation.
Why Choose Polsky, Shouldice & Rosen, P.C. for Workers' Compensation in Smithtown, NY?
Selecting the right attorney after a workplace injury has a direct impact on the outcome of a claim. Insurance carriers are represented by counsel throughout the process, and injured workers benefit from having experienced representation as well.
Over 30 Years of Workers' Compensation Experience
Mark Polsky has practiced workers' compensation law in New York since 1987. He serves as President of the Nassau County Bar Association's Workers' Compensation Committee and is a long-standing member of the Injured Workers' Bar Association. Donald Shouldice has practiced since 1992 and sits on the Board of Directors of the Workers' Compensation Alliance. Adam Rosen has practiced since 1995 and serves as Chairman of the Nassau County Bar Association Workers' Compensation Committee. All three partners devote their entire practices to this one area of law.
Proven Results for Injured Workers
Our firm has recovered millions of dollars in benefits for injured New Yorkers. Those recoveries include wage replacement, approved medical treatment, permanent disability awards, and lump-sum settlements. Contested matters involving hearings and appeals before the Workers' Compensation Board are handled from initial filing through final resolution. Our client base includes construction workers, nurses, first responders, commercial drivers, and office employees involved in claims of every size and complexity.
No Out-of-Pocket Cost
Attorney fees in New York workers' compensation cases are approved by the Workers' Compensation Board and paid from any award recovered. Clients do not pay fees up front, and no fees are owed if benefits are not secured.
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"I wanna Thank Mr Polsky and his staff for taking care of my workers comp claims. I've been a client with his law firm for 10 years and never been disappointed. Always professional and fights to get you a good compensation. I would recommend anyone getting hurt on the job to definitely let Polsky Shouldice & Rosen to take care of your claim!" – Lou Serafini
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Types of Workers' Compensation Cases We Handle in Smithtown
Workers' compensation in New York covers a wide range of workplace injuries and illnesses. Some claims arise from a single traumatic event such as a fall or equipment failure. Others develop over years of repetitive physical stress. In either situation, benefits may be available under state law. Every matter in our practice is evaluated on its individual facts, and the categories below represent the claim types we address most frequently:
- Construction accidents. Falls from scaffolding, being struck by equipment, trench collapses, and electrocution injuries are common on construction sites. These cases often involve both a workers' comp claim and a potential third-party claim against a party other than the employer.
- On-the-job injuries. Any injury sustained in the course of employment qualifies for benefits, regardless of fault. Covered employees include office staff, service workers, healthcare personnel, warehouse employees, and workers across most industries.
- Repetitive stress injuries. Carpal tunnel syndrome, tendonitis, rotator cuff tears, and back conditions caused by years of repetitive work are compensable under New York law even in the absence of a single identifiable accident.
- Occupational diseases and illnesses. Exposure to asbestos, chemicals, mold, or excessive noise on the job can cause serious long-term health consequences. We handle claims involving hearing loss, respiratory disease, and other occupational conditions.
- Motor vehicle accidents. Delivery drivers, sales representatives, and other employees who drive as part of their job duties may file for workers' comp when a crash occurs during work hours. These claims frequently overlap with auto insurance coverage.
- Slip and fall accidents. Wet floors, uneven surfaces, and cluttered walkways cause serious workplace injuries every year. The rules that apply to a workplace slip and fall differ from those in a typical premises liability case.
- Denied claims and appeals. Insurance carriers deny legitimate claims on a regular basis. We handle hearings and appeals before the Workers' Compensation Board and build the medical and factual record required to secure a favorable outcome.
New York Legal Requirements for Workers' Compensation
New York's workers' compensation system imposes strict procedural requirements. A missed deadline can result in the loss of benefits regardless of the severity of the underlying injury.
Under WCL § 18, an injured worker must provide written notice to the employer within 30 days of the injury. The notice should identify when, where, and how the injury occurred. Notice should be provided by letter or email so that a clear record exists. Employers occasionally dispute whether an injury was reported at all, and contemporaneous written notice eliminates that defense.
The statute of limitations for filing a formal claim is two years from the date of the accident, or two years from the date the worker knew or should have known that an illness was related to employment. The claim is filed on Form C-3 with the Workers' Compensation Board.
New York law also requires that treating physicians be authorized by the Board. Treatment from an unauthorized provider, outside of an emergency, may not be covered by the insurance carrier. Many injured workers are unaware of this requirement at the outset of their claim.
Benefits are calculated at two-thirds of the injured worker's average weekly wage, multiplied by the percentage of disability, up to a statutory maximum. The maximum weekly benefit is adjusted each July based on the state average weekly wage. The applicable rate is determined by the date of injury and is not affected by subsequent increases.
Cases are heard and decided by Workers' Compensation Law Judges at district offices throughout the state. Hearings are conducted by video or in person depending on the nature of the proceeding. Most cases involve multiple hearings before reaching final resolution.
Important Aspects of a Smithtown Workers' Compensation Case
Every workers' comp case in New York proceeds through the same general framework. The outcome generally turns on how well the specific details of a claim are managed.
Prompt Reporting and Documentation
The first 30 days following an injury are the most significant. The injury should be reported in writing, authorized medical care should be obtained, and the treating physician should document the injury as work-related in the initial medical records. Gaps in reporting or treatment give carriers grounds to dispute the claim later in the process. Procedural issues that arise in the early weeks of a claim can take months to correct. Our firm walks clients through the claim process beginning with the first consultation.
Medical Evidence
Workers' compensation cases are decided largely on the strength of the medical record. A treating physician's reports determine the benefits awarded, the duration of those benefits, and any permanent impairment findings. We coordinate with medical providers to ensure that reports are complete, submitted on the correct forms, and filed within applicable deadlines.
Wage Replacement Benefits
If an injury keeps a worker out of employment for more than seven days, the worker is entitled to lost wage benefits. These benefits are paid at two-thirds of the worker's average weekly wage, multiplied by the disability percentage, subject to the statutory maximum. Workers who return to reduced hours or lower-paying positions may still qualify for partial benefits.
Schedule Loss of Use and Permanent Disability
Some injuries result in permanent loss of function or diminished wage-earning capacity. Schedule loss of use awards provide cash compensation for permanent impairment of arms, legs, hands, feet, eyes, and ears. Non-schedule awards apply to injuries involving the back, neck, head, and internal organs. Both categories require detailed medical evidence and careful calculation under the applicable statutory framework.
Section 32 Settlements
Many cases resolve through a Section 32 settlement, which is a lump-sum agreement that closes the claim permanently. A Section 32 settlement is not appropriate in every matter. We evaluate current and future medical needs, wage replacement value, and Medicare set-aside requirements before advising a client on whether to accept one. A poorly structured Section 32 agreement waives rights that cannot be recovered. Settlements accepted prematurely have left injured workers with unpaid medical expenses years after closing the file.
Denied Claims and Appeals
Carriers deny legitimate claims for a variety of reasons. Common grounds for denial include disputes over whether the injury is work-related and whether recommended treatment is medically necessary. We handle denied claim appeals through the Workers' Compensation Board's hearing and review process, including appeals to the full Board when warranted.
Contact Polsky, Shouldice & Rosen, P.C.
Navigating the New York workers' compensation system without representation places an injured worker at a significant disadvantage. Insurance carriers have attorneys working to minimize the value of each claim, and injured workers benefit from the same level of representation.
Contact us to schedule a free consultation. During that consultation, we will review the facts of the injury, explain the applicable legal framework, and provide an honest assessment of the case. There is no upfront cost to retain the firm. Our Hauppauge office serves Smithtown and the rest of Suffolk County, and additional offices are located in Rockville Centre, Brooklyn, and the Bronx. Polsky, Shouldice & Rosen, P.C. has represented injured workers for more than three decades and welcomes the opportunity to do the same for you.
