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.
Why Was My Workers’ Compensation Claim Denied?
If your workers’ compensation claim has been denied one of the first things you should do is to call a Bronx workers’ comp lawyer.
You’ll also want to find out why your claim was denied. Your letter must provide you with a reason. If it does not, you should ask the insurance company or have your lawyer do so on your behalf.
Common Reasons for a Denied Workers’ Comp Claim
The Employer is Disputing the Claim – Your employer might allege your injury was the result of intoxication, horseplay, or another disqualifying factor.
You Did Not Report the Injury In Time – In New York you are supposed to report the injury to your employer within 30 days. If you miss this deadline, your claim could be denied.
You Did Not File the Claim in Time – Even if you reported the injury to your employer, you must follow the limits to file a claim. Generally this is one year from the date of the accident.
The Injury Is Not Covered – Certain injuries might not be covered. Before you file for workers’ comp benefits you should make sure your injury qualifies. A workers’ comp lawyer in The Bronx can help you to know whether a claim is possible.
Filing an Appeal
If you feel that your workers’ comp claim was denied due to an error, please make sure you start the appeals process right away. There are strict time limits to do so. Having a lawyer on your side is recommended.
You will need to file a Notice of Claim; afterwhich, your case will be assigned to an administrative law judge. You will likely be encouraged to settle your case through a hearing or mediation; however, it is possible that it will go to trial.
If your case goes to trial it is very important to have a workers’ compensation lawyer in The Bronx on your side. Medical evidence and testimony will need to be presented. The insurance company will have legal representation; be sure you have your own advocacy to help you out.
What Happens When A Claim is Denied At Trial?
In the event the judge or jury does not side with you in trial, your case is not necessarily over. It may be possible to appeal the decision to the Appellate Division, and even beyond. A lawyer can talk with you about your merits of the appeal, as well as what you can expect.
Your next step right now should be to consult with a workers’ comp lawyer in The Bronx. Let us help you to understand your next steps following an appeal, or to begin the workers’ comp process. If you’re ready to discuss your accident, or work-related illness, please reach out to Polsky, Shouldice & Rosen, P.C. We will gladly listen to what is going on and explain what you should do next. Call our firm today.
If you filed a workers’ compensation claim only to be denied by the insurance company, you may feel like giving up. While it can be frustrating to face a denial, there are steps that can be taken to preserve your claim through the help of a workers’ comp attorney.
The workers’ compensation lawyers at our Marietta, GA office offer these important steps to follow to ensure your workers’ compensation claim is maintained.