New York Workers’ Comp Lawyer

Workers' Compensation Quick Tips

If you have been hurt at work, you might be wondering if it’s time to contact a workers’ comp lawyer New York can provide. The attorneys at Polsky, Shouldice & Rosen, P.C. have been serving the community for over 30 years, helping employees file and pursue workers’ compensation claims. Consider reaching out to a Workers' Comp lawyer New York relies on from our firm to schedule an appointment to discuss your claim.

A General Definition

As our New York Workers' Comp Lawyers may explain during a free initial consultation, workers’ compensation is insurance ordered by the state, offering employees coverage for medical bills and lost wages after a work-related injury or illness. Every state differs in the specifics of the coverage, though they are similar from state to state. Fault typically doesn’t play a role, ensuring every employee has proper protection.

A Few Exceptions

There are a few exceptions to the rule. If your injury falls under any of the following categories, it’s possible you won’t qualify for compensation.

• You were intoxicated on the job
• You started a fight and were injured during it
• You blatantly violated company policy
• You were in the act of committing a crime
• You were on a non-work related errand

Injury Locations

You may be wondering if you can receive compensation if you were injured on the job but at a different location than the office. It depends on the situation, but the short answer that our NY Workers' Comp Lawyers will probably tell you is “yes.” For example, if you work for a printing company and were injured in an accident while delivery brochures to a customer, you may have been at a different location while performing your professional duties. In such a case, you could qualify for workers’ compensation because you were on the job.

Perhaps you were on your lunch break and were injured while off campus during that time. If it was strictly a personal lunch break, you may not qualify. If your boss asked you to pick up a box of staples while you were out, it may qualify because your lunch break turned into a work errand. Each situation is unique and Workers' Comp Lawyers in NY from Polsky, Shouldice & Rosen, P.C. can help you sort it out.

Suing Your Employer

If you benefit from workers’ compensation, you typically can’t file a lawsuit against your employer. Each state has different laws regarding this issue, though that’s the general rule. Some exceptions may include when your employer is intentional in your injury or if the employer had failed to obtain workers’ compensation insurance as required by law.

How Polsky, Shouldice & Rosen, P.C. Might Assist You

When you contact our law firm, we’ll discuss the basic details of your claim and let you know what your legal options may be. If you hire our firm, one of our lawyers will let you know what you can expect and answer any personal questions you may have.

Technically, you have the option to file your own Workers' Comp claim. However, anything that is outside of the standard claim, or that has special circumstances or associated disputes should be overseen by a Workers' Comp attorney in NY. In addition to properly filing a claim, an attorney might also help you:

• Examine your case in further detail
• Find medical doctors to offer a second or third opinion on the extent of any injuries
• Appeal any denials of your Workers' Comp
• Assess any possible legal options (i.e. lawsuits) in relation to your claim

To find out more, please contact a Workers' Comp attorney NY offers for a free consultation.

In the meantime, here are just a few quick tips to keep in mind when filing a workers’ compensation claim:

• Don’t wait to seek medical care. It may go without saying, but don’t delay seeking any necessary medical care. Your first priority should be to get the help you need to make sure you stand the best chance possible for a full and healthy recovery. You have the legal right to seek medical care immediately if you need it, and if your employer prohibits you from doing so, contact a workers’ comp lawyer in NY.

• Formally report your injury. After you have received any emergency care that you need and as soon as you are able, report your injury to your employer. Even if you were surrounded by your coworkers when your injury occurred and even if you feel like “everyone” already knows, still report your injury. The workers’ compensation laws of New York requires employees to report their injury within a certain time period. If you don’t report your injury within this time period, you risk losing your entitlement to compensation under New York’s workers’ compensation law. A workers’ comp lawyer New York employees trust can help you meet these important deadlines.

• Make sure you fill out any necessary paperwork. After you report your injury to your employer, you will likely need to fill out paperwork to describe your injury. Your employer should have this paperwork on hand and help you get started with the process. If your employer does not provide you with the forms you need or if you feel like they are keeping you in the dark about the claim-filing procedure, consider consulting a workers’ comp lawyer New York has to offer about your rights.

• Be prepared for questions. Your employer and their workers’ compensation insurance carrier may have questions about how you were injured. They may ask you to submit proof of your injury and proof of the amount you have paid in medical bills. Be ready for these questions by keeping good records of your medical care and time that you miss from work.
• Think about what benefits you may need. Consider that you may need more than just reimbursement for your medical bills to help you get back on your feet. You may also want to seek compensation for prescription medication, physical therapy and rehabilitation, and future treatment. In some circumstances, you may also be entitled to a percentage of your wages for the time you missed from work due to your injury, job retraining, or compensation for any permanent disability.

New York Workers' Comp Infographic

If you were injured at work, Polsky, Shouldice & Rosen, P.C. understands that it may be taking all the energy you have to recover from your injury. The quick tips listed above are just a handful of the things that a New York workers’ comp lawyer may be able to help you with. Call or email Polsky, Shouldice & Rosen, P.C. today to set up an initial consultation and learn what a workers’ comp lawyer New York workers depend on can do for you.

How Long Do Workers’ Compensation Benefits Last

Our workers’ comp lawyer New York relies on at Polsky, Shouldice & Rosen, P.C. understands that after a workplace accident, the resulting injury can be not only painful but also cause confusion. For one thing, for how long can they receive workers’ compensation benefits? Another issue to consider is, what kind of benefits are they eligible to receive? These are common questions that our New York workers’ comp lawyer is often asked and is happy to answer. The answers will vary from one person to the next which is why it’s necessary for our workers’ compensation lawyer to review the details of your case in order to provide the guidance you need. Your first consultation is free so call to make an appointment today.

What are the temporary workers’ compensation benefits?

The type of benefits for which you will qualify depends on the nature of your injury. In most cases, if a worker is injured on the job and the physician diagnoses them with a temporary injury, they are expected to make a full recovery. At that time, they will return to their regular job and for the number of hours they normally work, whether that’s full or part-time. If a worker’s injury is temporary, when their full recovery is verified by their workers’ compensation board-approved physician, their benefits will terminate. When you work with a workers’ comp lawyer in New York, they can protect your rights to benefits until you have truly recovered. Sometimes it becomes necessary to obtain a second opinion by an unbiased doctor. Your lawyer from Polsky, Shouldice & Rosen, P.C. will guide you through this process if this happens.

What are permanent full disability workers’ compensation benefits?

When a worker suffers a permanent disability while fulfilling their job tasks, they will likely qualify for workers’ compensation benefits until their death. Alternately, if they make an unexpected full recovery, their benefits would terminate. A third scenario is if the worker is able to gain employment in a different full-time job, they would no longer qualify for benefits. These same guidelines also hold true if the worker suffered a permanent partial disability. Your New York workers’ comp lawyer can make sure you receive the maximum allowable benefits for as long as you are eligible to receive those benefits.

How long do death benefits last?

If your loved one suffered a fatality in a workplace accident, the State of New York will dictate the length of time you will be eligible to receive death benefits. If your loved one had established residency in a different state, the laws of that state will dictate the terms of the benefits. Our workers’ comp lawyer in New York can represent you and protect your best interests throughout the process.

What is maximum medical improvement?

Whether or not your workers’ compensation board-approved physician initially determined that you would fully recover from your injury, you may not fully recover. Instead, you may reach a point in your recovery whereby your condition may not further improve. At that point, it is considered that you have reached your maximum medical improvement. As a result, your benefits might end, though your NY workers’ comp lawyer may fight for you to receive at least partial permanent disability benefits, if not fully permanent disability benefits.

Contact us at Polsky, Shouldice & Rosen, P.C. to speak with our NY workers’ comp lawyer during a free consultation.

Common Workplace Injuries

Your workers’ comp lawyer in New York has seen many injuries when working with clients. That said, some injuries are more common than others. If you do not work in a particularly dangerous kind of job, you may not be expecting to get any kind of injury. However, workplace injuries are not uncommon in many kinds of roles and you should learn more about how injuries happen and what you can do to prevent them. We also offer step-by-step advice on what to do after a workplace injury occurs so that you can be set up to receive your workers’ compensation benefits. Call our office if you have any more questions on common workplace injuries and if you would like to set up a consultation with our NY workers’ comp lawyer. 

The Top Common Workplace Injuries

Some injuries are easier to get than others. Below, you will find more information on the top injuries people face when they go to the office.

• Slips and Falls. Slipping and falling or tripping and falling can happen almost anywhere.  Even if you are paying attention to your surroundings and do not see a dangerous surface, it is still possible to slip, trip, and fall. If you work in a grocery store and some of the water in the produce section leaks from a fruit stand, you may slip on that. If you are working outside and it had rained previously and you slip on a puddle of water, you may fall and hurt your arm or hip. Slip, trip, and fall injuries can be dangerous and cause mild to severe damage to different bones in your body as well as a traumatic brain injury.

• Being Struck by an Object. Another accident that can happen at work is being struck by an object. While you may think that this kind of accident is more common in workplaces that involve machinery, it is possible to be struck by an object or accidentally run into an object in almost any line of work. 
• Repetitive Motion Injuries. Also called “repetitive strain injuries, these can happen when you do the same motion over and over again. This is common with people who work at a computer and have to type every day. It is also common with workers who have to crank, push, or pull objects every day for work. 

Workers’ compensation is a benefit that many employers offer their employees and it is important to speak with your NY workers’ comp attorney when you have suffered from a workplace injury. We can help walk you through the steps and make sure your application is filled out. Call us to speak with our workers’ comp lawyer in New York now.

Exploring Types Of Work-Related Injuries – Do You Qualify For Worker’s Compensation?

After notifying a supervisor of the accident, the best thing an injured employee may be able to do is reach out to a Workers' Comp lawyer NY injured employees turn to for help. Work-related injuries are commonplace in all occupations, from construction workers to office clerks. However, how the injured employee responds to the accident may impact what happens afterward. Swift action can be vital in work-related accidents, as there is a limited timeframe in which an employer must be notified.

Work-related injuries can take many forms. Some can even be serious enough to cause you long-term pain and lifestyle changes. Taking a closer look at the work-related injury you suffered from and how it impacts your future may help determine the worker’s compensation benefits to which you are entitled. A Workers' Comp lawyer NY provides may be able to help evaluate your specific injury.

Head Injuries

Head injuries could cause permanent brain damage, which, in turn, could affect your ability to think and function. Any Workers' Comp lawyer in NY knows disfiguring scars left behind from an accident can cause long-term emotional and physical pain. Common kinds of head injuries resulting from work-related accidents can include:

• Concussions
• Traumatic brain injuries

• Skull fractures

• Facial fractures

• Facial lacerations

Neck and Back Injuries

In addition to being painful, surgery may be necessary to repair work-related neck and back injuries. Even after surgery, it is not uncommon for someone to experience a lifetime of pain, numbness, and/or a partial loss of certain functions. Some of the more typical neck and back injuries a Workers' Comp lawyer NY residents consult for help filing a benefits claim include:

• Whiplash
• Herniated discs
• Spinal cord injuries
• Broken vertebrae

Amputation or Crush Injuries

For an employee who works with heavy and/or dangerous machinery daily, work-related injuries could result in total loss or seriously damaged limbs. One accident could result in a mangled arm, leg, finger, toe, hand, or foot. Depending on the severity of the injury, amputation may be necessary. Depending on what is being amputated, you will likely be disabled – to some degree – for the rest of your life. This partial disability could limit your ability to work or take the ability away completely. Any time a work-related injury results in a long-term disability, you may need a Workers' Comp lawyer NY residents trust to try to prevent the disability from ruining your life.

Soft Tissue Injuries

A NY Workers' Comp lawyer would likely tell you to report all work-related accidents to your employer immediately after they happen. This is true even if you feel as though you haven’t been significantly injured. Soft tissue injuries, for example, are not always apparent immediately following an accident. In fact, it may take days for you to start to feel pain or other symptoms. Part of the problem with soft tissue injuries is they are not visible. These are injuries that involve tearing or stretching your tendons, ligaments, or muscles. When these types of injuries do not get immediate medical attention – which is common for people who do not realize they are hurt – the injuries may result in long-term problems.

How a Workers' Comp Lawyer NY Clients Recommend Can Help

Getting injured at work can feel stressful. Not only do you have to deal with seeking medical attention and recovering from your injury, but you also have the legal complication of filing a Workers' Compensation claim. Many employees don’t file a claim because they don’t want to add another thing to their to-do list and assume it would be better to just ignore it. And while Workers' Compensation was set up to be a pretty straightforward process, sometimes things can get messy when your claim is denied. In this post, we’ll walk through what Workers' Compensation is and why you may need a NY Workers' Comp lawyer.

Workers' Compensation

Workers' Compensation was set up as a benefit employers provide their employees after obtaining an injury while at work. If someone is injured while performing an activity related to their job, the company will cover the cost of the medical bills and any lost wages.

For example, a warehouse worker strains their back after repeatedly lifting heavy boxes all day. He proceeds to go to the doctor where the doctor prescribes him pain medication and advises him to not work for a week. The man applies for workers’ compensation benefits and his employer covers the cost of the doctor visits, prescription pain medicines, and compensates him for the lost hourly wages due to the injury.

What Are My Options for Workers’ Compensation Benefits?

If you were injured while working, you might benefit from speaking to a workers’ comp lawyer New York trusts. When an employee is hurt and becomes eligible for benefits, they do not always receive the benefits to which they are entitled. With the help of our workers’ compensation lawyer, you can feel confident that we will fight for your rights and protect your best interests. We have had tremendous success securing full benefits for workers injured on the job in New York. If you sustained a serious injury while on the job, contact us at Polsky, Shouldice & Rosen, P.C. without delay. In the meantime, do not agree to any benefits package offered by the workers’ compensation insurance carrier. Once you have signed on the dotted line, you cannot secure additional benefits, even if later your injury costs surpass the value of your benefits package. You will not be charged for your first consultation with our  workers’ comp lawyer in NY. In fact, we will not charge you upfront should we take your case; we will only charge you after we negotiate a settlement on your behalf.

What is a “loss of earning power”?

Workers’ compensation benefits known as “loss of earning power” is not available to everyone. If you’re a resident of New York State, a workers’ comp lawyer New York from our firm can tell you if you are eligible. Loss of earning power benefits are for employees who were hurt on the job and until they fully recover, must return to work to a different position that pays less than their normal job. It also may be part time instead of their regular full time work schedule. This special benefits package pays a percentage of the difference in wages to make up in part for their lower earnings until they can return to their normal job and schedule.

After Your Workers’ Compensation Claim is Closed or Settled

Your workers’ comp lawyer  in New York will need to know the status of your claim, and where in the process it is, unless you have not yet filed it. If you have already accepted the benefits package they offered you, you will mostly likely receive regularly scheduled compensation benefits. This is based on the assumption that your circumstances are one of the following:

1. You agreed to a structured payment settlement agreement with the Workers’ Compensation insurance carrier.
2. As a result of your workplace injury, you are partially permanently disabled and as a result, you are entitled to receive weekly compensation benefits. This is an alternative to settling for a lump sum payment and is based on a percentage of your normal wages and the extent of your injury.
3. As a result of your workplace injury, you are totally permanently disabled and as a result, you are entitled to receive weekly compensation benefits.

Talk to an Experienced Workers’ Comp Lawyer in New York

If you believe you may be eligible for workers’ compensation benefits, it may be wise to contact us at Polsky, Shouldice & Rosen, P.C. We offer injured workers a free consultation. Talk to workers’ comp lawyer New York relies on about your case with confidence that your best interests will be considered.

When Would You Need a NY Workers' Comp Lawyer?

Once you’ve submitted your workers’ compensation claim, the insurance company launches an investigation to see if your claim is legitimate. They then approve or deny your claim and determine how much compensation you are eligible to receive.

The insurance company can deny your claim for a variety of reasons. First, you may have missed the state deadline to submit your claim. A delay in filing your claim gives your employer and the insurance company doubts about the validity of your injuries. The insurance company could question whether or not your injuries actually took place at work. Your claim could also be denied if the injury occurred on the same body part where you had a previous condition. In this case, the insurance company could claim the injury was a result of this preexisting condition, not your job.

If your claim has been denied for any reason, it’s important that you seek legal counsel. Dealing with insurance companies is not something that you want to be dealing with. Your Workers' Comp lawyer will launch a separate investigation into your workers’ compensation claim and will gather evidence to prove that your injury was either a result of your job or occurred on company property. They will then advise you on how to proceed and will take the matter to court if necessary. A good Workers' Comp lawyer in NY knows how to work with the insurance company’s legal team to ensure you receive the workers’ compensation benefits you are entitled to receive.

Reach out to one of our New York lawyers today who can advise you on the best next steps to take to win your workers’ compensation claim.

An experienced Workers' Comp lawyer NY clients trust knows that some of the most common type of workplace injuries are repetitive stress injuries. These injuries are caused by the repetitive motion or overuse of muscles and joints.

This type of injury has become so common in the United States workforce, that the Centers for Disease Control and Prevention (CDCP) has concluded that if these type of injuries were completely eradicated, employers would save at least $20 billion each year just in what they pay in Workers' Compensation benefits. The agency also estimates that the rate of worker turnover from repetitive stress injuries costs employers another $100 billion every year.

The law firm of Polsky, Shouldice & Rosen, P.C. has represented clients who have suffered repetitive stress injuries. Each NY Workers' Comp lawyer at our firm understands that a repetitive stress injury can have a negative impact on a worker’s daily life. Sometimes, workers can have stress injuries that result in the end of their career, forcing them to find a completely different type of job where they would not have to use the injured area.

What Are Repetitive Stress Injuries?

A Workers' Comp lawyer NY victims depend on knows that when the same motion is performed over and over again, every day, workers can develop musculoskeletal issues that can be debilitating. These injuries often cause constant pain. This pain not only affects how a worker can do their job, but it typically carries over into all areas of their life, making even the simplest tasks almost impossible. The nonstop pain often affects a worker’s ability to sleep and ends up taking an emotional toll on a person and their quality of life.

Some of the more common causes of repetitive stress injury include:

• Keyboard typing and mouse use
• Landscaping chores, such as digging
• Lifting hospital patients
• Lifting objects that are heavy
• Moving heavy objects
• Power tools and machinery
• Standing in the same position
• Stocking inventory

A Workers' Comp lawyer NY offers has likely represented clients with repetitive stress injuries such as:

• Carpal tunnel syndrome – Damage done to the wrist area usually results in symptoms of aches, numbness, tingling or weakness in the hand or fingers.
• Tendinitis – Tendons attached to muscle to bone are typically inflexible; however, they can become pulled or twisted with chronic overuse.
• Bursitis – Bursae are small sacs that are located throughout our bodies which provide lubrication and cushioning between tendons and bones. When bursae sacs are overused, they can swell and become very painful.
• Epicondylitis – Also referred to as tennis elbow, this happens when the elbow joint swells up because of chronic overuse.

Other repetitive stress injuries workers may suffer from include bulging discs, ganglion cysts, tenosynovitis, and trigger finger.

Meet Polsky, Shouldice & Rosen, P.C.

For decades we have aggressively defended the rights of our clients - hard working New York residents who have been injured on the job. When you need a New York Workers' Comp lawyer, we can help you navigate the complex system that is unavoidable when filing an injury claim. We are also prepared to help you choose a doctor, submit wage and hour claims, or better understand your benefits. When you work with a NY Workers' Comp lawyer at Polsky, Shouldice & Rosen, P.C., you can feel confident in knowing we prepare every case as if it was going to trial. This mindset tends to motivate insurance companies and opponents to settle as quickly as possible and with a fair dollar amount.

As a New York Workers' Comp lawyer, we understand that settlements are absolutely crucial to our client's recovery. We know that the severity of work injuries can result in debilitating, long term, or permanent disability. Using our insight, resources, and tenacious determination, we offer our clients the reliability and confidence that only decades of experience might bring. If you have been injured on the job in Brooklyn, Queens, the Bronx, Manhattan, or anywhere else in New York, we would like to speak with you. A Workers' Comp lawyer New York has to offer from Polsky, Shouldice & Rosen, P.C. has handled a broad range of work injury claims involving:

• Construction accidents
• Hospital accidents
• Public transportation accidents
• Electrocution accidents
• Slip and falls
• NY Tunnel accidents
• Exposure to toxic or harmful chemicals/products
• Asbestos exposure
• Heavy lifting accidents
• Loss of hearing or vision

Recovering Damages for Workers' Compensation Claims

A New York Workers' Comp lawyer such as Polsky, Shouldice & Rosen, P.C. can thoroughly review your claim. After a careful assessment, we can determine a numerical value of what we believe your claim might be worth. In general, the worse the injury, the more compensation you may get, but this is not always true. Many factors must be taken into consideration before arranging a settlement negotiation. Typically, a claim should cover losses such as:

• Medical expenses
• Rehabilitation
• Retraining
• Lost wages
• Pain and suffering
• Home modifications
• Renumeration

If you are the loved one of someone who died on the job, compensation might also be available to cover losses including funeral costs, bills, lost wages and benefits as well as other damages.

Contact Polsky, Shouldice & Rosen, P.C. for Assistance

If you’ve suffered from a work-related injury, you may be entitled to workers’ compensation. Reach out to a Workers' Comp lawyer NY employees turn to when they need someone on their side today.

Client Review

"Justin was amazing for me. Walk me threw the step of how everything works start to finish and just made me feel comfortable. Also got me a lot of money. Had to throw that in. If anyone looking for a good attorney for comp this would be the place. Thanks buddy for everything!"
Vinny Verderosa

Client Review

"I used Mark Polsky and his team to help with my worker's comp case. He and his team are professional and were always looking out for my best interests. They were always available to answer any questions I had, and checked in on me frequently to see how I was feeling, and provided me with updates on my case. I highly recommend them."
Howard K.