The Bronx On the Job Injury LawyerThe Bronx On the Job Injury Lawyer

If you’re considering filing a workers compensation claim, you may benefit with the help of the Bronx on the job injury lawyer with experience. Call us at Polsky, Shouldice & Rosen, P.C. for a free consultation.

Laws that affect workers comp cases can vary depending on where your employer is located. This is why it might be advisable to discuss your circumstances with an on the job injury lawyer in the Bronx. Our attorneys at Polsky, Shouldice & Rosen, P.C. have helped thousands of injured workers in all of the Manhattan boroughs.

Pre-Existing Conditions

Though you may have been injured recently while working at your current job, you may be wondering if your related pre-existing condition disqualifies you from benefits eligibility. Not necessarily. You may wish to speak with the Bronx on the job injury lawyer that workers recommend, but these general guidelines may be helpful to you.

When Current and Past Workers Comp Claims are Related

Claims can become complicated when pre-existing conditions are involved, but they’re even more complicated when past and present claims overlap. It’s often advantageous to rely on the experience of the Bronx on the job injury lawyer that you can hire.

  • If you injured the same body part in a previous workplace accident, your current workers compensation claim benefits may be reduced.
  • Your current employer will be responsible for paying your current medical bills related to your most recent workplace injury.
  • If your current injury has made it impossible to immediately return to work, your current employer will have to pay you temporary disability benefits.
  • If it becomes necessary to claim permanent disability benefits, you might only receive compensation for the increase in your impairment that is directly attributed to your most recent injury.
  • Though your injury may seem like a repeat of your previous injury, they may not actually be the same. If a doctor confirms this, you may be entitled to additional benefits. When working with the Bronx on the job injury lawyer you hire, you need to provide medical documentation for your case preparation.
  • Even if the pre-existing condition was not caused in your workplace and as such you never filed a workers compensation claim for it, benefits for the current injury will be based on how much the condition has worsened.

Pre-Existing and Current Injury Medical Care

If you are already receiving medical care for your pre-existing injury, you may need separate medical care for your recent injury, even if there is overlap between the two injuries. Because different insurance companies may be involved, they may have their own providers that they require you to use. This may not be convenient, but the only choice you have may be to pay for the additional medical care out of your own pocket. An experienced on the job injury lawyer the Bronx turns to in complicated cases can suggest possible alternatives.

Call us today at Polsky, Shouldice & Rosen, P.C. for assistance with workers comp claims from the Bronx on the job injury lawyer with experience.

About Workers Compensation Programs

Every state in the US requires businesses to carry workers compensation insurance. This program protects workers who suffer from injury or illness due to an accident or hazard in the workplace. However, it is not a fail proof system, as there are many instances where a worker’s claim is not handled properly. For example, a worker may be wrongfully denied coverage when the circumstances of the incident qualify them for receiving benefits. Or, an employer may intentionally mishandle the claim, such as filing it late or providing inaccurate details, as a way to save the company money.

Workers compensation programs were established to help reduce conflict between employer and employee in the event of a workplace accident or health hazard. This program was created with good intentions. But, as a Bronx On The Job Injury Attorney has seen before, an injured worker may be treated unfairly and not receive the benefits they are entitled to. 

Requirements for Eligibility

The laws for workers compensation does vary by state, and there are specific requirements that must be true in order for a worker to get workers compensation benefits. If you believe you have been unfairly denied benefits or aren’t receiving enough to cover your basic losses and expenses, then we urge you to call us immediately so we can intervene and set things right. The requirements for eligibility include the following: 

  • You were injured during performing a work-related duty. The incident may have happened on the job site itself, or while traveling for work. 
  • You are categorized as an employee for the company. Employees include full-time workers, part-time workers, some seasonal employees, and temporary employees. Independent contractors, volunteers, farm laborers, domestic workers, or undocumented workers may not qualify. 
  • You were not under the influence of drugs and/or alcohol when the incident happened, you didn’t cause the event to unfold, and you did not intentionally harm yourself to get benefits. 

Being Informed About State Laws

The laws pertaining to workers’ compensation benefits can vary, so it is crucial that you don’t browse the internet looking for information from just any source. Please meet with a legal professional who is knowledgeable in worker’s injury cases for correct insight. There are some state laws that help protect employees as they apply for and receive workers’ compensation benefits. An on the job injury attorney in the Bronx in New York can also oversee the process to ensure your employer is not in violation of these state protections.

On the Job Injury Lawyer the Bronx Trusts Discusses When Benefits Are Not Enough

Injuries in the workplace are not unusual. Sadly, thousands of workers are injured every year while on the job. The seriousness of these injuries ranges from mild to fatal. Workers compensation benefits are intended to pay workers benefits if they are injured at work and require funds to pay for medical treatment and lost wages.

However, workers compensation benefits may not be sufficient, particularly for the most serious or fatal injuries that occur. If this describes your situation, we may be able to help you. At Polsky, Shouldice & Rosen, P.C., we have helped thousands of injured workers whose workers compensation benefits were not enough. Call us if you would like to find out more.

Workers Compensation Benefits

Every state in America has a workers compensation benefits program. Each program has its own workers compensation board that manages it. Each state’s program may vary somewhat from other states’ programs. Based on the unique details of your case, an on the job injury lawyer in the Bronx can provide more details specific to your circumstances. However, workers compensation benefits will generally include the following:

  • Necessary medical treatment. What constitutes as “necessary” may seem subjective in some cases, but some types of medical treatment are clear cut. For instance, if you broke your arm at work, a doctor’s exam, x-rays, and a cast should not be questioned. If you broke your arm and included chiropractic care, you may have to prove that it was necessary for your treatment.
  • Medications. These might include antibiotics and pain medication, depending on the nature of your injury.
  • A percentage of your salary or hourly wages. When someone is injured in a workplace accident and misses work while they recover, they might wonder why they are not given the full amount of money they would have otherwise earned. Unfortunately, this is how workers compensation operates.
  • Medical equipment. Common examples are crutches, medical cushions, or portable shower benches.

Additional Injury Costs

For most workers who sustain an injury on the job, workers compensation benefits will be enough to cover most of their costs until they can recover and return to work. In fact, all of their injury-related costs might be covered and the most significant financial loss they might experience is the less-than-full wages.

However, those who sustain a catastrophic injury at work may require significantly more medical treatment. They may also need a full-time, home healthcare aide and will never be able to return to their regular job because they are left permanently disabled from their injury. In situations like these, the maximum amount of workers compensation benefits available to them may be insufficient.

Litigation

An on the job injury lawyer from Polsky, Shouldice & Rosen, P.C. can review your case, medical records, and other details to determine if workers compensation benefits will be sufficient to cover your costs. If they will not be enough, it may be feasible to pursue litigation against your employer to recover your full damages. If you decide to move forward with that option, this will be instead of accepting workers compensation benefits.

For this reason, it’s very important that you not agree to accept workers compensation before consulting with an on the job injury lawyer the Bronx clients recommend from our firm. Call us today to schedule a free consultation with no obligation.

Construction Accident Injuries

There are what seems like an unlimited number of ways that a construction workers can get hurt. If you have been harmed or been diagnosed with a work-related illness, then it is imperative that you get legal assistance promptly. It is crucial that you have a Bronx, NY on the Job Injury Attorney provide legal counsel if you need to file for workers compensation benefits, fight a denied claim, seek restitution from a third party, etc. The most common ways that construction employees suffer injury is due to:

  • Trench collapsing: if a trench falls, the worker could be cut off from sufficient air supply or get crushed under the rubble. 
  • Falling from heights: workers may have to do tasks from very tall heights, and if something goes awry they could take a serious fall. 
  • Electric shock: construction employees often have to work with power tools, generators, electrical wiring, and machinery that can cause serious burns or shock.  
  • Scaffolding collapse: a raised platform that is attached to the building so workers can reach high places, if not secured properly the scaffold may collapse. 
  • Repetitive motion injury: if the body is used to repeatedly perform the same movements over and over, the soft tissues and muscles can get worn, decreasing mobility and causing pain. 
  • Protective gear failing to work: manufacturers of protective construction gear may be held liable if a worker was injured because the product did not work as it should have. 

General injuries that can be caused from construction sites are burns, electrocution, eye injuries, broken bones, spinal cord damage, head injury, toxic chemical exposure illnesses, and knee or ankle injuries. If any of these injuries have happened to you in a construction environment, then you must meet with an on the Job Injury Attorney in Bronx, NY for advice on how to get the compensation needed to recover financially and physically from the accident. 

How an Attorney Can Help

Without having legal representation, an employee may not even realize something isn’t right in how their workers’ compensation claim is being handled. An employer may intentionally file the paperwork late or otherwise do something to cause a denial. Employers may be more or less obvious when it comes to unlawful behavior. If any of these following factors are true for your situation, please contact your attorney immediately:

  • Your injuries were severe enough to necessitate surgery or other procedures.
  • Your injuries were moderate to life-threatening.
  • The injury was so severe that you may not be able to recover fully and need to pursue permanent partial disability.
  • You feel as though you can’t return back to your original workplace, but are confident you could work in some capacity elsewhere.
  • You want to dispute an action taken on behalf of your employer or by the employer’s insurance company regarding the compensation claim.
  • You were denied medical benefits.
  • Your employer has retaliated against you in some way for either reporting the accident, applying for workers benefits, and/or receiving benefits.

Seek Legal Help From an On The Job Injury Attorney in The Bronx

An employee who is having trouble with their workers’ compensation claim, may want to talk with an attorney as soon as possible. The employee may feel they aren’t getting the amount they need to cover all expenses related to the injury, or they may worry that they are enduring employer retaliation and a hostile work environment. Sadly, an employer may try to fire or seek revenge against an employee for using workers’ compensation benefits.

An attorney at Polsky, Shouldice, & Rosen, P.C. can evaluate your situation to determine whether you are entitled to more benefits than you are currently getting, and if your employer has violated state laws. It is highly encouraged that an injury worker seeks help from a legal professional, before the first signs of trouble. We encourage you to contact an on the job injury attorney in the Bronx today.

Main Office:

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Workers Compensation Lawyers

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

Brooklyn Office:

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300 Cadman Plaza West One Pierrepont Plaza 12th Floor, 11201
(718) 875-0909

Brooklyn Office:

Contact Our Brooklyn
Workers Compensation Lawyers

300 Cadman Plaza West One Pierrepont Plaza 12th Floor, 11201
(718) 875-0909