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 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:
- Traumatic brain injuries
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:
- 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 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:
- You agreed to a structured payment settlement agreement with the Workers’ Compensation insurance carrier.
- 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.
- 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.
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.
“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!”