Workers' Comp Lawyer Rockville Centre
Regardless of where you might work, there is a possibility of being injured or ill while working and needing the support of a Workers' Comp Lawyer in Rockville Centre from Polsky, Shouldice & Rosen, P.C. Falling, slipping, straining a muscle, or toxic substance exposure are just a few examples of ways that could result in an injury. If this should happen in the New York area, you may be entitled to Workers' Compensation benefits. This compensation covers your related medical care, time off of work, travel-related expenses, and more. Workers' Compensation can be available to you in a lump sum settlement or weekly installments.
Know What a Settlement Means
Assuming you have a valid claim, it is very likely that you will be offered a settlement from the insurance company. As soon as you accept, your case is closed. You will not be able to appeal for any further benefits or try to obtain more money. If you've been collecting weekly payments, they will likely end and you will receive a lump sum payment.
If you are happy with what you have been offered, you will need to have the offer approved by a judge. He or she will review the settlement and ensure you have not been coerced into accepting it. Bear in mind, this process might sound easy; however, it rarely ends in a satisfactory outcome without some perseverance, and even legal assistance from a Workers' Comp Lawyer in Rockville Centre, New York.
The insurance company will almost certainly try to offer you the least amount possible. If they do offer you a settlement, it is often because they know it will be less than the benefits you would receive. Prior to accepting a settlement, we strongly advise meeting with a Rockville Center Lawyer for Workers' Comp to talk about the following:
- Your Ongoing Costs: It is possible that you will need months, or years, to recover from an injury or illness sustained at work. Once you do return to your job, you may have to continue with some type of rehabilitation or therapy. All these related costs must be thought about beforehand, and should be included in the settlement. All too often, a person will accept a settlement without considering a portion of their future-related treatment. When this happens, they will be responsible for the costs.
- The Diagnosis: Your settlement will largely be based around the doctor's assessment of your injuries. In general, this doctor will need to be approved by your employer. Sometimes, these doctors can give a biased diagnosis that might not necessarily benefit you. If you suspect the diagnosis is not correct, you should pay for your own medical evaluation.
- Peace of Mind: By accepting a settlement you might feel a sense of peace of mind. You now have the necessary money to complete your treatment without worrying about work. Weekly benefits can be stopped by the insurance company at anytime. They might ask for regular exams to evaluate your progress. If their doctor believes you are okay, the insurance company will almost certainly stop your payments. This can be very stressful and hinder your recovery. If you are concerned about this, call a Rockville Center Workers' Comp Lawyer from Polsky, Shouldice & Rosen, P.C.
- Disability: In the event that you have been permanently disabled, your weekly benefits may continue for several years. Most likely, reaching a settlement for the same amount will be difficult. Furthermore, it may be difficult to estimate future earnings associated with years, even decades, into the future.
Whether or not a settlement will actually benefit you depends on the factors and circumstances of your case. You should ask a Workers' Compensation lawyer to help you weigh all of the details of your case out before agreeing to anything. For immediate assistance, call a NY Workers' Comp Lawyer in Rockville Centre from Polsky, Shouldice & Rosen, P.C. today.
When someone is injured during the course of employment, they may immediately turn to our Workers' Comp Lawyers located in Rockville Centre at Polsky, Shouldice & Rosen, P.C. for answers to their questions. Are benefits the same for everyone? Which workers are entitled to the coverage and which workers are not? Though it varies from state to state and occupation to occupation, the following are some basics you should know about.
Who Is an Employee?
As our Workers' Comp Lawyers in Rockville Centre, NY may explain, most employees of a business are covered by workers’ compensation, though the employer must have that coverage in order for it to be utilized. Employees are people who work for a company, receive regular wages for the regular job they do and are governed by an employer who sets his or her schedule and duties to follow.
Who Are Not Employees?
People who are not employees would generally not have any protection under worker’s compensation. This includes:
- Independent contractors – Most independent contractors set their own schedules, perform duties their own way and own their materials until sold to the business they’re working with. Because they govern themselves, they have no protection from the workers’ comp coverage of the employer they’re working for.
- Partners – Employees are covered, and in most cases, partners of a business are not considered employees.
- Volunteers – Volunteers do not meet the guidelines for being an employee as previously defined. Because they don’t take in a regular wage, they are not considered actual employees and would not be entitled to workers’ compensation.
Other Categories
In some states, there are other categories of workers who may not qualify for workers’ compensation. If you fall under any of these categories, you should speak with our Rockville Center Workers' Comp Lawyers about what you are entitled to. They include domestic employees, agricultural workers and seasonal employees.
What You Can Do If You Don’t Qualify for Workers’ Comp
If you now realize you won’t qualify for workers’ compensation, but you were injured during the course of your job, there are some other avenues you can follow to receive what you deserve. A civil claim is one possibility. With help from our Rockville, NY Workers' Comp Lawyers you may be eligible to file a claim against your employer, a coworker or another third party.
If you have personal health insurance, you should look into utilizing that as well. When your medical bills start coming in, it’s nice to have that there to assist you in getting them paid.
Contacting Your Lawyer
When you’re injured on the job, you deserve compensation from one avenue or another. If you’re wondering about workers’ compensation, contacting a lawyer is a great way to get started in figuring it all out. Contact one of our New York Workers' Comp Lawyers in Rockville Centre from Polsky, Shouldice & Rosen, P.C. today.
If you do not know what to do if you get injured at work, then we suggest getting information from a Workers' Comp attorney in Rockville Centre at Polsky, Shouldice & Rosen, P.C. Not every working American does, but it’s important that you understand what you are eligible to receive if your employer has a workers’ compensation program. While most companies have some rules or protocols aimed at avoiding the occurrence of workplace accidents, they can still arise and often do anyway. When a workplace injury happens, the very first thing you must do is report it to your employer promptly.
Why is it so crucial that I don’t wait to report my injury?
Unfortunately, many workers wait to see if their injury will get better first. And only when it doesn’t do they come forward to finally report the workplace accident. But by then, key elements of evidence could have been removed from the accident site and you now don’t have documentation that represents what your injury was like from the very start. It may seem like a good idea at the time to wait, but your employer can actually deny you medical care and benefits because you took too long to say something. As a Rockville Center Workers' Comp attorney may tell you, it is in the best interest of your health and pocketbook that you report a workplace injury that very same day.
What kind of problems may I run into if I failed to report the accident?
If you do not report the accident in a timely manner, you may miss out on receiving coverage under your employer’s workers’ compensation program. Your employer’s insurance program may also question why the incident was not reported on time. If you have health insurance with a private carrier, they may not pay for treatment that is related to your work injuries either. Which then means you could be left paying for it all by yourself.
Does my employer have an internal deadline for workplace accidents?
Your employer may enforce strict internal reporting deadlines when it comes to accidents that happen in the workplace. The best thing you can do is report the incident even if you believe you haven’t been seriously hurt. By saying something immediately, you are helping protect yourself while decreasing your chances of a denied claim if you failed to report quickly enough. If you feel like your claim was wrongfully denied, a NY Workers' Comp attorney in Rockville Centre can help you file an appeal.
What if my employer retaliates against me for the accident?
When completing paperwork to report the workplace accident an injury, you may also want to have a coworker be present just in case your employer tries to say you never told them about what happened as a way to elude responsibility. While most people hope that their employer will act in their best interest, a Workers' Comp attorney in Rockville Centre, NY has seen that this isn’t always the case. Put yourself first from the moment the accident occurs, until the claim is complete and you have received the coverage you need to get better.
Unfortunately, an employer who is worried about having to pay thousands of dollars in an employee’s workers’ comp claim may attempt to mishandle the claim. Even more so, an employer may retaliate against the employee simply for pursuing or utilizing workers’ compensation benefits. If you believe this has happened to you, then getting legal help from a New York Workers' Comp attorney from Rockville Centre at Polsky, Shouldice & Rosen, P.C. is the next step -- so contact us right away!
Our team of dedicated Workers' Comp attorneys in Rockville Centre at Polsky, Shouldice & Rosen, P.C. understand that an on-the-job injury or illness caused by the nature of your work can create a wide array of problems for you and your loved ones. These issues may be physical, financial, or emotional. In the majority of cases, the setbacks of a workplace injury can be long-term, if not life-long.
As an injured worker, you likely face significant challenges as medical bills begin to pile up. Your lost income can start to spread you thin, and your family may struggle to cope with the situation. In circumstances such as these, securing full and fair compensation becomes critical.
You may want to know how to go about seeking the compensation you deserve and how much that will ultimately be, which is why we encourage you to contact our team of Rockville Centre Workers' Comp attorneys immediately for these answers.
Factors Which Drive Case Value
The best answer which can be given about the value of your claim, is that it depends on several significant factors. As with most legal matters, the amount of compensation you can receive following a workplace accident or occupationally-caused illness depends on many different elements.
The only way we can calculate a more exact potential monetary award is by meeting with you. A NY Workers' Comp attorney in Rockville Centre can navigate the treacherous pathway toward your maximum compensation possible.
Knowing Your Rights After a Workplace Injury
Most workers who suffer illness or injury arising from job-related duties are entitled to collect workers’ compensation, which is a form of no-fault insurance carried by employers. Workers’ compensation allows financial benefits for needed medical treatment, to make up for lost wages, disabilities, wrongful death, and other things such as vocational rehabilitation.
Unlike the typical lawsuit for negligence, a workers’ comp claim will not offer you money for your pain and suffering. Workers’ comp is a no-fault coverage, however, so workers are entitled to benefits no matter who was responsible for the accident or injury, provided:
- The injuries suffered in the course of performing job-related duties
- You worked full or part-time as an employee (rather than being a freelancer or contractor)
- You notified your employer about the accident or illness within 30 days of its occurrence or diagnosis
- You filed a workers’ comp claim within two years of the incident
- You get the necessary evidence and medical reports to support your claims that your problems are related to your work, and the extent to which they disable you
The most significant factors involved in how much compensation you can recover include:
- How much you were paid before your injury
- The nature and severity of your illness or injury
Options to Maximize Your Compensation
Our experienced and knowledgeable Workers' Comp attorneys in Rockville Centre, NY are committed to helping clients explore all their options for maximizing compensation. We can help you find out whether you have a strong case by reviewing and investigating what happened. We can also help you understand the amount of monetary compensation you may be able to recover, whether it is through a workers’ compensation claim or a personal injury lawsuit.
For more information or to get a case review, contact a New York Workers' Comp attorneys in Rockville Centre at Polsky, Shouldice & Rosen, P.C. today.
