Brooklyn Workers' Compensation Lawyer
Wondering if you need a Brooklyn Workers' Compensation lawyer to help you with your case? If you were injured on the job, the answer is probably yes. A Brooklyn Workers' Comp lawyer from Polsky, Shouldice and Rosen PC can help you with your claim, and get you what you deserve. We understand that worker’s compensation for construction accidents can be hard to obtain, and the injuries can be hard to deal with. Employers can be reluctant to appease your claim, and insurance companies are even more reluctant to pay out. Going at it alone without a Brooklyn Workers' Compensation lawyer will most certainly be daunting and difficult to say the least.
There are many common New York workplace injuries that may require a Brooklyn Workers' Comp lawyer such as exposure to asbestos in old buildings, silicosis from construction sites, as well as head, neck and back injuries. These types of unfortunate workplace injuries may require a Brooklyn Workers' Compensation lawyer for many reasons.The major reason is usually that it can be hard to prove who is at fault with these cases, especially when dealing with Workers' Compensation for slip and fall accidents. Whether it is the employer, the city, or another source, proving that your injury is directly a result of their negligence can be tough. Once your Polsky, Shouldice and Rosen PC Brooklyn Workers' Comp lawyer has proven who is at fault, there are still some hoops to jump through.
If you believe you may need a Workers' Comp lawyer Brooklyn offers, at Polsky, Shouldice & Rosen, P.C. we have helped thousands of injured workers receive the compensation benefits they deserved. Contact us to arrange a free and confidential consultation. We can review your case and clarify what your legal options are and how we may be of assistance.
The Object of Workers' Compensation
When workers are hurt on the job and as a result are unable to return to work, they have the right to file a claim for benefits. The benefits should replace a percentage of their regular paycheck, and coverage of their resulting medical bills. Unfortunately, it doesn’t always work this way, and it may require the help of a Brooklyn Workers' Comp lawyer to get the benefits that you deserve.
Common Workers' Compensation Claims
As a Workers' Comp lawyer Brooklyn victims turn to from our firm can tell you, many workers are injured every year, and some of them very seriously. Occasionally, workers die on the job due to workplace accidents. With decades of experience, our attorneys have seen a wide range of Workers' Comp cases. Regardless of how you were injured, we encourage you to call our office for a free consultation. Some of the more common Workers' Comp injuries include these:
- Illness from exposure to toxic substances including asbestos which can result in mesothelioma.
- Broken bones, muscular injuries, herniated disks, torn rotator cuffs or ligaments.
- Traumatic brain injuries and concussions.
- Hearing loss and damage to the ear, temporary as well as permanent, partial as well as complete hearing loss.
- Repetitive motion or tendonitis injuries.
- Burn injuries in addition to cold and heat stress.
- Spinal cord, neck, and back injuries.
- Respiratory organs.
- Knees, hips, eyes, shoulder, and extremities.
Eligibility for Filing a Workers' Compensation Claim
A Workers' Comp lawyer in Brooklyn can determine whether or not you are eligible for Workers' Compensation benefits. Eligibility is based on several factors including:
The state in which you are an employee.
If you are a federal government employee, you will not be eligible for state sponsored Workers' Compensation benefits.
Be Aware of Time Restraints and Deadlines
One of the most important reasons to work with a Workers' Comp lawyer Brooklyn locals recommend is to make sure your claim and follow up paperwork is submitted before deadlines expire. You must file notice to your employer that you sustained the injury on the job within a certain amount of time. This can vary depending on the circumstances so consult with an attorney from our firm as soon as possible. A Workers' Comp lawyer Brooklyn residents rely on can make your claim is not denied because your documentation was submitted after the deadline.
Polsky, Shouldice & Rosen, P.C.
If you’re in need of Workers' Compensation benefits, don’t chance a permanent denial. Talk to an attorney from our firm who can provide you with the guidance you need to move forward. For a Workers' Comp lawyer Brooklyn can count on, contact Polsky, Shouldice & Rosen, P.C. at (516) 594-0909.
Can I Get Workers' Comp Benefits for an Injury Due to a Fall at Work?
You might be wondering if you qualify for collecting Workers' Compensation benefits after suffering an injury as a result of tripping and falling at work. Our New York Workers' Comp attorney from Polsky, Shouldice & Rosen, P.C. might tell you that the short answer is, yes. In fact, there is legal precedent for workers who are injured in slip and fall accidents in the process of doing their job-- under most circumstances they are eligible for benefits.
In addition, if you had an existing medical condition and that condition was aggravated after you suffered a fall while at work (that may or may not have been caused by the original injury), you should still be eligible for Workers' Compensation. As our New York Workers' Comp attorney at Polsky, Shouldice & Rosen, P.C. knows very well, these facts are often ignored by Workers' Compensation insurance companies who routinely deny claims of workers with pre-existing conditions.
Do you Need to Hire a New York Workers' Comp Attorney to Get Compensation for Your Injury?
If it is necessary to file an appeal with the Workers' Compensation insurance company because you were denied benefits, you may want to hire a New York Workers' Comp attorney from Polsky, Shouldice & Rosen, P.C. The process for filing an appeal is tedious and complex for many people. Guidance from an experienced New York Workers' Comp attorney can make all the difference.
What is Considered a Slip and Fall Injury?
If an employee slips and falls while at work and is injured as a result, they are eligible to filed for a Workers' Compensation claim. Workers' Comp is a no-fault system meaning that it does not matter if the worker caused the accident. This is contrary to personal injury suits, which can be hard to win because the plaintiff (the one who had the accident) must prove that the defendant (company) was at fault because they failed to remedy the hazardous condition. If there was not a hazardous condition and the employee simply tripped, they would not qualify for personal injury compensation, but they could receive Workers' Compensation benefits. Talk to our New York Workers' Comp attorney from Polsky, Shouldice & Rosen, P.C. to learn more about how we might be able to help you.
Common Causes of Slip and Falls on the Job
There are many scenarios in which an employee might suffer an injury. Every New York Workers' Comp attorney from Polsky, Shouldice & Rosen, P.C. is familiar with the common causes of such accidents, including:
- Inadequate lighting
- Holes, cracks, or uneven flooring
- Wet floors caused by spilled liquids or weather
- No warning signs of a floor hazard
- Stairs that are uneven or broken
- Cords, wires, and cables that run across the floor
What Kind of Compensation Can I Expect to Receive from My Claim?
Our New York Workers' Comp attorney from Polsky, Shouldice & Rosen, P.C. will need to review the details of your case to determine applicable damages, but your claim might include:
- Payment or reimbursement of medical and/or physical therapy bills
- Any out-of-pocket additional medical expenses for prescription medications, crutches, braces, etc.
- Lost wages incurred during recovery and while being treated (this is usually about two-thirds of your normal wages)
Remember, Workers' Compensation insurance is a no-fault policy which means you do not have to prove that the injury was the employer’s fault. Call us today to discuss your case with our New York Workers' Comp attorney at no charge.
Common Myths of Workers’ Compensation
With such a vast amount of information available today, it’s no wonder people have often been misinformed regarding workers’ compensation, as Workers' Compensation attorneys New York trusts can explain. Whether information is received by word of mouth or through the internet, accident victims suffering from work related injuries should ensure that they have the most accurate information when making decisions.
Myth #1 All workers’ comp claims require an attorney
It’s a common misconception that all workers’ compensation claims run into problems or complexities that require the support and experience of an attorney. In fact, most workers’ compensation claims are fairly straightforward. However, if you are unsure of what to do, it may not be a bad idea to at least consult with workers' compensation attorneys in New York. If something doesn’t feel right, it may be in your best interest to consult with an New York Workers' Compensation attorney right away:
- If you have severe medical issues that require significant medical care, such as surgery
- You are unable to continue working at your job due to your injuries
- Your claim is denied
- You are retaliated against in the workplace
Myth #2 Your employer doesn’t have to offer workers’ comp benefits
Although there are variations depending on where in the country you live, workers’ compensation is a benefit that employers, by law, must provide. In cases where the employer does not have workers’ compensation benefits, there is often a state fund set up to support the employee during this process.
Myth #3 People fake job related accidents all the time
It’s possible to fake a job related accident. However, only a very small percentage of employees actually fake an accident at work. Unfortunately, because of the actions of the few, the many must take proper steps in making sure they have all the necessary evidence to support their case. It’s important to note that workers’ compensation allows for employees to collect benefits without assigning fault to the accident.
Myth #4 I should sue my employer for my injuries
Suing an employer for a work related case may be the most appropriate next step towards obtaining the financial assistance you require during this difficult time. In most cases, workers’ comp cases are fairly simple, often producing the outcome injury sufferers are looking for. However, when you accept workers’ compensation benefits, you often waive your right to sue an employer for your injuries.
Myth #5 I could lose my job if I file a workers’ comp claim
Some people fail to come forward to report work related injuries for fear of the repercussions. Unfortunately, fearing retaliation can have a serious impact on you, especially if your injuries result in more significant treatment. Retaliation following a work related injury is serious and would surely require Workers' Compensation attorneys in New York. This form of discrimination is illegal and should not be tolerated. When someone is injured while at work, they should be able to come forward without fear that they will lose their job or retaliated against in some way.
It can be difficult to separate misinformation from real and accurate workers’ compensation facts. Workers’ compensation attorneys New York trusts from Polsky, Shouldice & Rosen, P.C. may not only be able to counsel you with legally accurate information, they can review your case and help keep your interests at the forefront throughout.
Contact Our Brooklyn Workers' Compensation Lawyer
Extensive documentation is always needed when proving how much a settlement payout should be for a workplace injury. Gathering as much information and documentation on your injury is always in your best interest, as these are the key things your Brooklyn Workers' Compensation lawyer needs to win your case. The first thing to do if a workplace injury occurs is to immediately seek medical attention, and then notify your employer of the accident. Any hesitation with either of these actions can make it difficult for your Brooklyn Workers' Comp lawyer to prove the urgency and severity of your injury, especially if you are trying to gain Workers' Compensation for occupational diseases and illnesses. The Brooklyn Workers' Compensation lawyer you hire will need extensive medical records and other documentation to bring to court, which is why it is important to start gathering those items as soon as possible. If you have been injured in the workplace, do not hesitate to contact a Polsky, Shouldice and Rosen PC Brooklyn Workers' Comp lawyer to help bring your claim to a equitable resolution.
