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Workers Comp Attorneys NY

Is it necessary to hire a lawyer for a workers comp claim?

Workers Comp Attorneys NY

If you got injured at work and are wondering if you should hire workers comp attorneys NY trusts, you have to consider all the different factors in your case. Workers comp claims might be settled easily if the injury is minor and there are not any major complications. However, if one or more complexity is introduced into the case, hiring a lawyer may be in your best interest.

To begin, let’s first look at what is typically covered through a workers comp claim:

There are a large variety of injuries or illness that can happen to an employee while on the job. The kind of injury a worker may endure depends on the field in which he or she works. Here are just a few examples of conditions that are commonly associated with the workplace or due to performing job duties:

  • Back and spine injuries
  • Heart disease and stroke
  • Exposure to toxins or hazardous chemicals
  • Mental stress
  • Carpal tunnel
  • Tendonitis
  • Repetitive motion injuries
  • Construction site accidents

New York workers compensation attorneys understand that many workers do not realize benefit coverage can extend to incidents that happen outside of the workplace itself. You may still be able to receive workers compensation benefits if you were performing a job-related task while somewhere else, such as traveling for business or while attending a company sponsored event.

If you are a loved one who lost a family member to an on the job injury, workers’ compensation benefits may also be available. These cases can be particularly intricate, and should be overseen by the right lawyer.

What Kind of Compensation is Covered?

When it comes to an on the job injury, all of your medical care should be covered. If your doctor tells you that you are better, and you cease treatment, but something arises and you require medical care again, your benefits should cover the issue (as long as it is related). A portion of your wages will also be covered. Finally, if you are rendered partially or totally disabled, benefits will likely cover you in full. 

You will not receive compensation for your pain and suffering or emotional distress. These non-economic damages are only available through personal injury claims. The same holds true for punitive damages. Rest assured, our lawyers will review all possible options to see how we can recover the optimum amount of damages for your injuries. 

While in many cases, the company has no problem compensating their employee for their medical bills, there are a few situations where it may be necessary to get legal assistance from a workers compensation lawyer in NY:

If Your Employer Denies Your Claim

Employers do not always approve workers comp claims. In fact, they reject them quite often and assume most employees will not appeal. If your employer denied your claim, do not give up. Workers comp attorneys in NY may help you file an appeal and improve your chances of getting the compensation you deserve.

If You Suffered a Permanent Disability

If you suffered a permanent disability after a workplace, there’s a chance you might not be able to return to work again. To make up for the lost wages, you may be entitled to lifetime payments. However, insurance companies typically do not agree to these payments without a fight. That is why you may need workers comp attorneys NY respects in this situation.

If Your Initial Settlement Offer Isn’t High Enough

Workers’ compensation benefits are available to workers who have been injured or fallen ill on the job. This program is very beneficial, and helps most workers’ recover without having to worry too much about their financial situation. That being said, one might wonder what will happen when workers’ compensation does not cover the full amount of the compensation?

 If your employer’s settlement offer is not enough to cover all your medical bills and lost wages, you might not want to accept it right away. Consider hiring workers comp attorneys NY counts on to help you obtain a settlement that is more fair. They may prove to the judge that the offer you received does not cover all your damages and that you deserve more compensation.

Are There Other Forms of Compensation Available?

Our workers’ comp attorneys NY trusts would like to tell you that it is not very common to receive less than what you need to recover; however, it is possible. If you are in this situation, there are often select options that will help you to recover your remaining damages. 

For example, if there were other parties, unrelated to your employer or workplace, responsible for what happened, a personal injury claim could be pursuable. Likewise, if you were on the premises of another property, and you were on the clock at the time of the injury, a workers’ comp attorney in NY might consider filing a premises liability claim. There are many factors that must be reviewed before decisions can be made. If you are in a complicated situation like this, you are advised to consult our firm as soon as possible. 

Is a Lawyer Needed?

EVery workers’ comp case is different. If your case is straightforward, and you have not suffered serious or life threatening injuries, a workers’ comp claim may be filed without a lawyer. That being said, it can also benefit you to ask a lawyer for advice. If your case is complex, involves a lot of unique intricacies, or you are feeling intimidated by the employer or insurance company, having a workers’ comp attorney in NY to help you is recommended. 

If Your Employer Violates Your Rights

Some employers get angry at their employees for filing workers comp claims and may retaliate against them.  If this has happened to you, it’s important to know that this type of treatment is illegal. Depending on the laws of your state, mistreatment due to utilizing workers compensation benefits may constitute a lawsuit. There are many ways that an employer may seek revenge for the employee’s injury or illness costing the company a significant amount of money.  There are many questions that come to mind when worrying how a company will react to filing a workers compensation claim. If you have questions about retaliation, NY workers comp attorneys can help you sort through your worries and confusion.

Could I potentially be fired, simply for filing a workers comp claim?

Employees may worry about being let go simply due to filing a workers compensation claim to receive coverage for a work-related injury or illness. While you may be entitled to these benefits rightfully, this does not mean your employer will not try to retaliate. In the majority of states, it is unlawful for your employer to fire you due to submitting a request for, or being approved to receive such benefits and if this takes place, you should contact a NY workers compensation attorney.

What specific actions may be considered retaliation?

If you decide to take legal action using a workers compensation attorney in NY against your employer for retaliation, you must show that you were fired or treated unfairly due to the workers compensation claim. Not only may the following behaviors be unlawful, but hurtful and embarrassing for the employee to endure. Examples of ways that your employer may be retaliating against you can include:

  • Receiving a demotion
  • Being transferred to a new department
  • Changes in job duties
  • Decreased wage
  • Unwarranted disciplinary actions
  • Hostile work environment

If I am suspicious that my employer retaliated, what should I do?

It is not uncommon for a worker to get some legal assistance about retaliation at work. A workers compensation attorney in NY can evaluate your situation to determine if you have sufficient evidence to file a lawsuit against your employer for their actions. Do keep in mind that there may be a certain time period in which you must take legal action for employer retaliation. If any of the information in this article applies to your situation, you may want to gather as much proof as you can about this mistreatment and make an appointment with an attorney right away.

If There May Be a Third Party Claim

If a third party contributed to the injury you suffered at work, you have the right to sue that party for negligence. For example, if you were hit by a vehicle while making deliveries for your job, you may sue the driver. However, workers comp settlements usually aren’t enough to cover civil damages. That is why it may be in your best interest to hire workers comp attorneys NY depends on to bring a lawsuit against the third party and obtain all the compensation you deserve.

If you have a complicated works comp claim, do not wait to hire legal representation. If you are looking for workers comp attorneys NY offers, contact Polsky, Shouldice & Rosen, P.C. today for a consultation.