Workers Comp Lawyer The Bronx
Following an on the job injury, it may be in your best interest to speak with a workers’ comp lawyer The Bronx has to offer. For years Polsky, Shouldice & Rosen, P.C., has been helping injured or ill workers. Whether your own actions caused your injuries, or you have been harmed by your own actions, workers’ compensation may be available.
Guided by our extensive knowledge, we have the necessary resources to secure the results you are looking for. To explore your legal options, please reach out to Polsky, Shouldice & Rosen, P.C.
A Workers Comp Lawyer in The Bronx at Polsky, Shouldice & Rosen, P.C. understands that on the surface, the workers’ comp system may seem quite simple. If someone is injured as a result of doing his or her job, then that individual is entitled to compensation for all financial losses related to the injury. It really is as simple as that, but yet there always seems to be some unusual circumstance that raises questions about the system.
If you find yourself in need of using workers’ comp, it is important to get help from a Bronx, NY Workers Comp Lawyer to fully understand how it can benefit you. Many people wonder who actually provides the benefits of workers’ comp. This guide will help answer that question.
Who Provides Workers Comp?
You may be surprised to learn that this question has two answers. Different states handle workers’ comp differently, and there are two primary systems which certain states use. These two systems are:
If a state chooses to handle workers’ comp with the first system, then it is handled similarly to insurance. In these states, there are many private companies that provide workers’ comp. Sometimes, insurance companies that provide other types of insurance also provide workers’ comp insurance. As your Bronx Workers Comp Lawyer can explain, every employer is required to provide workers’ comp, but employers can usually choose which provider they would like to use. If you need to know specifically which company provides your workers’ comp benefits, then you should speak with your employer.
If a state chooses to handle workers’ comp with the second system, then things are far more straightforward. There will be a single agency that is associated with the state. This agency will provide workers’ comp benefits to all employers across the entire state. Usually, this agency will be dedicated to workers’ comp and nothing else. If you live in one of these kinds of states, then there is no question who provides your benefits.
How To File
Regardless of which system your state employs, the process of filing a workers’ comp case does not change. You should always begin by reporting the accident to your employer. The responsibility of filing a claim largely falls to the employer. All employers are legally required to file a claim when an accident is reported to him or her. You will have to sign some forms, which a Workers Comp Lawyer in The Bronx, NY can help you with, but you are essentially done once you have reported the injury. Your employer should guide you through the rest of the process.
Do You Qualify for Workers’ Compensation?
Generally, the majority of workers will qualify for workers’ compensation. The exceptions may be when you:
- Are an independent contractor
- Are a volunteer
- Are an agricultural worker with less than 6 employees
- Work for the federal government, maritime, or railroad industries (seperate programs are available)
If you would like to know more about your eligibility, you can call Polsky, Shouldice & Rosen, P.C., to talk about your situation. If you are not eligible for workers’ compensation, alternative or underinsured programs may be available through the state. Our firm might also consider whether or not a third party was responsible for your injuries. If this is true, a third party personal injury claim might be pursuable.
Know the Deadlines!
Workers’ comp claims have very strict deadlines. Some of these are less than one month. Missing just one of them could result in a dismissal of your case, or at the minimum significant delays. If you are concerned about this, you are advised to work with a lawyer who knows how to file a claim correctly and within the deadlines.
At What Point Should You Have a Lawyer On Your Side?
It is true that just about anyone can file their own case; however, the system can be confusing. One small mistake or error, or the failure to include a document in the case, could slow down the outcome or result in a denial. A workers’ comp lawyer in The Bronx may be able to prevent this from happening. It should be noted that if your case is anything but straightforward, having a lawyer on your side is even more important. Complex cases, or those that involve serious or life threatening injuries can be at more risk for denial. A lawyer may be able to prevent this from occurring.
Benefits Available Through Workers’ Compensation
Workers’ compensation benefits are available to prevent undue hardship for anyone who was injured or ill on the job. Some benefits include:
- Paid medical care
- Therapy and rehabilitation
- Training (in some cases)
- Travel reimbursement
- A portion of your wages
- + More
Please know that non-economic damages, such as pain and suffering, are not accessible through workers’ comp. Only when a third party caused your injuries may these damages be available. This is on a case by case basis, and usually only a lawyer would be able to tell you if this were applicable.
If you think your employer has failed to fulfill his or her legal responsibilities, or has forgotten to file your claim, then you should speak with a New York Workers Comp Lawyer in The Bronx from Polsky, Shouldice & Rosen, P.C. as soon as possible.