Workers Comp Lawyer Queens NY

Workers Comp Lawyer Queens NY

When individuals seek legal counsel from a workers comp lawyer Queens NY residents trust from Polsky, Shouldice & Rosen, P.C., they can feel confident they’re receiving compassionate and informed advice.

The attorneys at our firm have been practicing workers compensation law and representing injured workers in New York for over 30 years. If you have been hurt at work in the New York metro area, contact us today. The competent and experienced staff at Polsky, Shouldice & Rosen, P.C. can help you schedule your initial consultation with a workers comp lawyer Queens NY employees depend on.

Here is everything you need to be aware of when it comes to workers compensation programs: 

Most Companies Have Workers Comp Programs

Only in very unique circumstances is a business permitted to not have a workers’ compensation program in place. Millions of workers in America get hurt while on the job each year, and most of these incidents are covered by workers’ comp insurance. These programs aim to help compensate an employee for medical treatment and lost wages.

As our Queens, NY workers comp attorneys may explain, state laws necessitates that most employers have insurance coverage for both injuries and occupational illnesses. The only exception in which a company may not have a workers’ compensation program is if: 

• They have certain seasonal or part-time employees
• The company is run solely from volunteer participation
• The workers are “independent contractors” and not technically “employees”
• The workers are part-time maids, nannies, agricultural, gardeners, taxi drivers, or perform intermittent work throughout the year

What Workers Comp Programs Can Do

After a worker is injured, he or she must report the accident to an employer right away to fill out the necessary paperwork for workers’ comp benefits. The trade-off for having this program is that workers get the compensation they need much quicker than going to court over the matter, and the employer can avoid a lawsuit.

But, the key thing to remember is that despite having this helpful program, an employer may try to minimize the employee’s claim so they can prevent having to pay out the maximum compensation possible. A NY workers comp attorney in Queens can evaluate your injury accident to determine whether your coverage is fair, or if we need to help you fight for more. 

Be Wary of Retaliation

Most employees trust that their company will act in good faith when handling their workers’ compensation claim. Unfortunately, this isn’t always the case as an employer may be strongly motivated to save the company money. And, if an employer loses a substantial amount of money, they may be inclined to retaliate against the employee, even if he or she had a right to utilize these benefits. If your employer has treated you differently in a negative way since filing, we urge you to consult with our workers comp attorneys in Queens immediately. 

You can trust when we say we have your best interest in mind. Sadly, you may find that your employer doesn’t and you need someone to fight for your behalf. That’s how you know it’s time to contact us today for a no-obligation, free consultation with our Queens workers comp attorneys at Polsky, Shouldice & Rosen, P.C.

Why should I consult with a Queens workers comp lawyer if I’ve been hurt at work?

Most employers are required by law to carrier workers compensation insurance for their employees. Workers compensation insurance is designed to pay workers when they have been injured on the job. Just like many insurance companies, the workers compensation insurance carrier probably isn’t your best advocate. As part of their business model, they’ll likely try to pay as little as possible on your workers compensation claim.

Likewise, your employer might not be your best advocate. Some employers resist submitting claims to the workers compensation carrier, or want to downplay an employee’s injury, to avoid a rise in their premiums. Even if you don’t experience this behavior from the workers compensation carrier or your employer, it is good to have someone who is clearly in your corner. That’s where a workers comp lawyer Queens NY offers comes in.

What kind of things may Polsky, Shouldice & Rosen, P.C. be able to do for me?

Depending on the facts and circumstances of your claim, Polsky, Shouldice & Rosen, P.C. may be able to help you fill out any paperwork necessary to file your workers compensation claim. A workers comp lawyer in Queens NY from our firm may also help you gather evidence that you need to support your workers compensation claim, and if necessary, advocate on your side for the benefits that you deserve. These benefits could include:

• Reimbursement of medical bills, including bills for prescription medication, follow-up care, and physical therapy related to the injury

• Lost wages if you missed work due to your injury

• Payments for job retraining, if it is necessary for you to return to work

• A lump-sum payment for any permanent disability suffered as a result of the workplace injury

In addition to using their skills and expertise to advocate for a fair payment on your workers compensation claim, a workers comp lawyer Queens NY can provide may also help relieve the stress and burden of filing and fighting for your claim. Let Polsky, Shouldice & Rosen, P.C. handle your claim while you focus on what is really important: recovering.

Call our firm today to schedule your initial consultation and review your claim with a member of our professional and courteous staff. In the meantime, remember the three “T’s” for what to do after you’ve been hurt at work:

• Treatment: After you’ve been hurt, seek any necessary medical care right away, first thing.

• Tell your employer: As soon as you are able, tell your employer about your injury. You must notify your employer within a certain time period, or you risk losing your right to workers compensation benefits.

• Talk to an attorney: Considering talking to an experienced attorney before you talk to your employer’s workers compensation carrier. Knowing your rights and what to expect during the workers compensation process can be a great relief and put you back in control of a potentially devastating experience.

To speak with a trusted workers comp lawyer Queens NY has to offer, contact Polsky, Shouldice & Rosen, P.C. today.

Most Common Workplace Accidents

When people go to work, they probably don’t expect to get hurt. However, accidents still happen. Here are some of the most common workplace accidents:

• Slip and Fall Accidents: Slip and fall accidents can occur in a variety of work settings, from factories to offices, and can lead to head injuries and other serious injuries. Common causes of slip and fall accidents include food and drink spills, clutter, uneven surfaces, and icy sidewalks. Employers can reduce the risk of slip and fall accidents by cleaning up spills immediately, using wet floor signs when necessary, and putting salt on icy sidewalks.

• Vehicle Accidents: Employees whose jobs require driving are at risk of getting into accidents. Whether the accident results from speeding or distracted driving, they can suffer serious injuries, such as traumatic brain injuries, broken bones, and spinal cord injuries. It’s important for employers to hire workers with good driver records to minimize the risk of accidents.

• Workplace Violence: As a workers comp lawyer in Queens, NY can confirm, some workplace accidents result from violence. Employees can get into heated arguments with each other for many different reasons and things can get physical. As such, employers should have a zero-tolerance policy for workplace violence.

• Falls from Heights: Falls from heights are more common in the construction industry and can result in fatal injuries. They can fall from several types of elevated surfaces, like ladders, roofs, and stairways. To minimize these kinds of accidents, workers should be trained properly on how to work at high heights.

• Machine Entanglement: As a workers comp lawyer in Queens, NY can attest, workers can also suffer serious injuries from machine entanglement. Employees who work around heavy machinery in factories have to be extra careful and pay attention to their surroundings. If they get caught in a machine, they can lose limbs.

• Repetitive Motion: Employers who have to perform the same tasks over and over, such as typing or working on an assembly line, can suffer repetitive motion injuries, like carpal tunnel syndrome. These workers should take frequent breaks throughout the day to minimize the risk of these injuries.

• Struck by Objects: A workers comp lawyer in Queens, NY has also represented employees who have been struck by objects at work. Workers who are hit by an object that has fallen from above can suffer head injuries, cuts, and eye injuries. Materials should be stored securely to prevent these accidents.

Workers Comp Infographic

5 Signs You May Need a New Workers Compensation Lawyer

The workers compensation lawyer you hired may not be adequate to handle your case. Here are five indications that you may need to hire new workers comp lawyers in Queens NY:

1. The workers compensation lawyer you hired will not return your phone calls or emails within a reasonable amount of time. In all fairness, what constitutes a “reasonable amount of time” may be one thing to the client, and another thing to the lawyer. For instance, if the lawyer is out of the office in court all day and therefore cannot return phone calls until the following day, the client may feel that is unreasonable. However, for the busy attorney who has more than one client, it may be the best they can do. On the other hand, if the client has left a voicemail message and emailed the lawyer and not heard back within a week, that delay may be considered unreasonable. When you interview new workers comp lawyers in Queens NY, ask them how soon they generally return a client’s phone call or email. And, ask them how they prefer to communicate as one method may be result in a faster response from them than another method.

2. The workers compensation lawyer you hired constantly contradicts themselves. For example, if your lawyer told you that they expect to be able to negotiate a fair settlement with the workers compensation insurance carrier, but the next day they say they will not, then the next day they say that they will, but weeks pass and they continue to change their opinion, you might need to change lawyers. Another example: they carefully examined your case and decided on a legal strategy but then change that strategy many times and without any positive results; it may be time to talk to new workers comp lawyers in Queens NY.

3. The workers compensation lawyer you hired has made no progress after a reasonable amount of time. Again, what the client believes is a reasonable amount of time as opposed to the view of the lawyer may differ. Before you sign on the dotted line, ask them to provide an estimated timeframe as to expected results. They may not be able to nail down an exact date by when they will be able to resolve your case due to factors beyond their control. However, if a month has passed and they have not worked on your case at all, that could put you in danger of missing the statute of limitations deadline, depending on the state in which you live. If they have worked on your case, request that they provide you with information about what they have accomplished and the work that remains. That may give you a better indication as to whether or not you should consider switching Queens workers comp lawyers.

4. The workers compensation lawyer you hired has a conflict of interest with your employer or the workers compensation insurance carrier. If this is the case, you may have had no idea that was the case when you hired the lawyer. If they are unethical enough to knowingly have a conflict of interest, they probably won’t admit it. This scenario is unusual, but not unheard of. If at any time you feel that your best interests are not represented by your workers compensation lawyer, then by all means contact Queens workers comp lawyers who will fight for your rights.

5. The workers compensation lawyer you hired tells you that they cannot negotiate a fair settlement on your behalf. If for whatever reason your lawyer believes they cannot negotiate a settlement amount which is fair in light of your workplace injury, you may have to find another lawyer. It’s possible that a law firm with more experienced workers compensation lawyers will have greater success on your behalf. After all, not every lawyer has the experience necessary to successfully handle a difficult case. At Polsky, Shouldice & Rosen, P.C., if the workers comp insurance carrier is unwilling to pay a fair settlement, we are willing to escalate the claim to a lawsuit.

What Should I Do If My Workers’ Comp Claim is Denied?

A workers’ compensation denial can leave an accident victim feeling completely hopeless. Victims will probably be left unsure of where they should turn and how they should proceed with their case. In the event that you have been injured in a work related accident, and your claim has been denied, the following are steps you can take to determine if you should continue in pursuit of workers’ compensation:

Step #1 Speak with a Workers Comp Attorney that Queens, NY Trusts

Receiving a denial letter, should immediately prompt to you contact your attorney or, at least consult with one. They will be able to help you outline whether further action should be taken. Working with an workers comp attorney in Queens, NY who has experience in representing workers’ comp cases can make all the difference, especially when tackling the appeals process. It can be challenging to tackle the appeals process on your own. A workers comp attorney in Queens, NY can not only give you peace of mind, but put their skills in this area of practice to good use.

Step #2 Review Your Denial Letter

A denial letter can leave an accident sufferer feeling as though there is no hope in pursuing their case. Many, may even walk away as a result. It’s important before doing this to first review your denial letter with your attorney. They will be key in helping to understand the reasons as to why your claim was denied. In some cases, a denial may have been the result of an administrative error that you were not even aware of. Once you and your Queens, NY workers comp attorney have a better understanding as to the reasons for the denial, you will be able to make an informed decision regarding the best way to proceed.

Step #3 Determine if You Should Appeal

Being initially denied for workers’ compensation doesn’t mean a case is hopeless. Within the denial letter, you will likely receive a timeframe for when you must file an appeal. Appeals processes can vary depending on the state in which you reside and can become complicated very quickly. It’s best to pursue this option with a Queens, NY workers comp attorney by your side.

Common Reasons for Denials

It can be disheartening to receive a denial letter for a workers’ compensation claim. At times, deciphering a workers’ comp denial letter may be difficult to do. Should you choose to represent yourself from the onset, it’s possible that you may have made errors during the initial process. There are a number of reasons that your workers’ compensation claim may have been denied, such as:

• You failed to notify your employer of the injury
• You did not seek medical treatment
• You failed to follow treatment recommendations from you health provider
• You did not submit enough evidence to support your case
• Your employer disagrees with the claim
• You had a pre-existing condition that worsened from the injury
• Your employer does not believe your injury occurred while at work
• You were under the influence of drugs or alcohol
• Your claim came after you were fired from your job

No accident victim wants to receive a denial letter in the mail. Working with a workers comp attorney Queens, NY can be helpful in managing your case from the start to help to reduce the likelihood that your claim is denied further down the road.

Have you recently received a denial of your workers’ compensation claim? Are you completely confused as to why your claim was denied? No matter the reason for your workers’ compensation denial, speaking with an experienced workers comp attorney Queens, NY trusts may be able to provide you with the support needed to make the necessary decisions regarding your case.

Call or email Polsky, Shouldice & Rosen, P.C. today to set up an initial consultation about your claim and learn more about what we can do for you. Prioritize getting back on your feet; hire a workers comp attorney Queens NY employees trust to handle workers compensation claims.

Client Review

“A year and a half ago I was referred to Polsky, Shouldice and Rosen, P.C I was told to contact Adam Rosen and not to worry because I would be treated like family. Those words were absolutely true. I received an incredibly warm welcome and immediately had any concerns put at ease. I received a fair, honest and transparent view of my case. To have a question answered is simply a phone call away and knowing that I wasn’t just a number put my mind at ease throughout this entire process. I would absolutely recommend this group to everyone.”
Sara N