Workers Comp Lawyers Hauppauge, NY 
Our Workers Comp Lawyers in Hauppauge, NY from Polsky, Shouldice & Rosen, P.C. imagine that you probably go to work everyday counting on having all the necessary tools to accomplish your duties. You should also expect to have the right protection and safety measures. Some jobs expose workers to more hazardous situations than others. Still, regardless of where you work and what you do, staying away from hard is a reasonable expectation. Unfortunately, mishaps can occur, and accidents happen.
However, if you suffer an injury due to your employer’s neglect or disregard, you can file a Workers’ Compensation claim with help from our Hauppauge, NY Workers Comp Lawyers. As an employee, you have rights and get the financial help you need to cover your medical costs.
Our Workers Comp Lawyers in Hauppauge from Polsky, Shouldice & Rosen, P.C. know that workers’ comp is meant to protect all workers in the United States from injuries while working. This does raise some questions, however. While the system is quite simple, many people do not know when they are covered and when they are out of luck. For instance, many people do not know if they are covered when injured while working at home. This guide will examine this unique situation.
Workers’ Comp Coverage
To be covered by workers’ comp, a Workers Comp Lawyers in Hauppauge, NY can explain how you need to meet two requirements:
- You must be an employee
- You must be injured by work-related activity
The first requirement is quite straightforward. If your paychecks have a portion withheld for taxes, then you are an employee. The second requirement is a little more complicated. It does not matter if you are at your workplace or what you are doing. The only thing that matters is whether the action you took that resulted in injury was done for the benefit of your employer. This means that you indeed can be covered by workers’ comp while working from home.
However, it is quite rare for this to happen. Remember, you cannot simply be injured while working. If you were typing on your computer at home for your job, and an earthquake knocked a shelf off the wall and it injured you, that would not qualify for workers’ comp. The injury may have happened while you were working, but it was not the result of work. On the other hand, if you were loading boxes into your car to transport them to work and you hurt your back, then our Hauppauge, NY Workers Comp Lawyers may inform you that you should be covered. The fact that you were at home may not affect it at all. The only thing that matters is that you were injured because you were fulfilling the duties of your job.
Other Cases
In addition to this, you are also covered if the injury resulted from a co-worker performing work-related activities. So, even if you were taking a break, if a co-worker’s work activities injured you, you are covered. You are not covered, however, if you are injured by the actions of an unrelated third party, even if you are working at the time. If this happens, you should consider filing a personal injury lawsuit against that individual with guidance from our NY Workers Comp Lawyers in Hauppauge.
Finally, you should be aware that it is difficult to prove that an injury is work-related when it happens in your home or elsewhere outside the workplace. We recommend contacting our Hauppauge Workers Comp Lawyers at Polsky, Shouldice & Rosen, P.C. to help prove this.
Who Has Coverage?
Most employees are entitled to Workers Comp benefits. Whether you are full time or part time, you should be able to take advantage of this coverage if you are hurt on the job. Exceptions would be for contractors, seasonal workers, volunteers and some agricultural workers. Small companies must still provide these benefits as long as the number of employees in the organization meets or exceeds the state’s minimum requirement. Essentially, if you receive a paycheck and have taxes taken out, you should be able to rely on Workers’ Compensation if necessary.
The Process
If you are injured on the job—regardless of the severity of the injury—you should report the matter to your supervisor or human resources, and then contact a NY Workers Comp Lawyers in Hauppauge for protection during this process. Once you report the incident, you should seek appropriate medical care and file a Workers’ Comp claim. In many states, you must file within a year of the injury, though some states have a longer statute of limitations, sometimes up to three years.
Employer Retaliation
You have protection against retaliation from your employer if you file a Workers’ Compensation claim. Your company can’t fire you simply for seeking this coverage and making accusations of an unsafe environment. But, this doesn’t mean you still can’t be fired for other reasons while your claim is open. If you believe that your employer fired you for filing for or using Workers’ Comp benefits, then contact our Workers Comp Lawyers in Hauppauge, New York immediately.
As a workers’ comp lawyer in Hauppauge, NY, we at Polsky, Shouldice & Rosen, P.C., know of many cases that experienced unnecessary complications because the applicant did things they should not have. If you are going to apply for workers’ compensation, please take the time to understand some of the things you should and should not do. If you have further questions, call the workers’ comp lawyer in Hauppauge, NY from Polsky, Shouldice & Rosen, P.C.
Dos and Don’ts When Filing a Workers’ Compensation Claim
If you’re in the beginning of a workers’ compensation case, there are several dos and don’ts. How you handle yourself during the course of your case is important. After all, you do not want to compromise your case. Insurance companies look for just about any reason to deny a claim. You have to be able to prove your case. Here is a list of dos and don’ts that you should consider when it comes to workers’ compensation coverage.
Do Not Sign Papers From Insurance Agency Employees
If an employee from the insurance company presents you with any forms or paperwork and asks you to sign, you should not sign it without first talking with the best workers’ comp lawyers in Hauppauge, New York. It is important that you run any forms or documents by your attorney before you consider signing them. If you do not know your away around contracts, then you do not want to make a mistake. Signing the wrong documents from an insurance company can ruin your claim. Keep in mind that they want to pay you as little as possible. You want to make sure that you are signing paperwork that needs to be signed.
Do Report Your Medical Status to Your Lawyer
Your lawyer should always be in the know. If your medical status or condition changes for any reason, you need to talk to your lawyer about it. In addition, if your medical status affects your employment or if you are able to return to work, you need to let your lawyer know. Honesty and openness provide your Hauppauge, NY workers’ comp lawyers with the opportunity to fight for you. They should never have to worry about surprises during the case.
Do Not Discuss Your Case
Unless your lawyer tells you to discuss your case with medical professionals hired by the workers’ compensation carrier, you should avoid discussions. You should not speak to the other side about your medical condition, employment, or any other aspects of your life. Remember that anything could be used against you as evidence.
When it comes to the dos and don’ts of workers’ compensation, the biggest rule is to always speak to your lawyer first. Contact the workers’ comp lawyers in Hauppauge, NY to advocate for you during your claim. When it comes to workers’ compensation, you have to keep in mind that the insurance companies are not on your side. They will look for ways to stop you from receiving the benefits that you deserve. Due to this, it’s important that you have a Hauppauge, NY workers’ comp lawyer that can help you fight for your case..
Types of Workers’ Compensation Benefits
Workers’ compensation benefits will look different for each individual who utilizes the coverage. While it is essentially the coverage of financial costs that resulted from work-related injuries or illnesses, what is available will vary from employee to employee. The state in which you live also plays a role in benefits received, so it’s important you understand your state rules and regulations. If you don’t know whether or not you qualify, you can speak with a workers’ comp lawyer in Hauppauge. The following are some basic types of workers’ compensation benefits.
Medical Costs
In most cases, workers’ comp will pay for any costs incurred that are related to your medical care. This includes a ride in an ambulance, emergency room bills, doctor visits, surgery, and medication. If your injury or illness requires special equipment, workers’ comp would likely cover that as well. For example, if you broke both of your legs you might receive a wheelchair or other mobility equipment at no cost.
Keep in mind that many doctors have to be approved to treat you. Besides your first emergency visit, the doctors you see often have to be within the network of your employer’s insurance provider. If you see an out-of-network provider, it’s possible some of the costs will be paid for, but that’s not a given, so speak with the provider to ensure your doctor visits are covered. If you have concerns about your medical costs, you can call Polsky, Shouldice & Rosen, P.C. to speak with the workers’ comp lawyers in Hauppauge.
Disability Costs
Whether your disability is considered temporary total, temporary partial, permanent partial or permanent total, workers’ comp often comes in to pay for all or part of your wages when you are injured to the point you cannot perform your job. Each category carries with it a different amount of benefits, though your workers’ comp lawyers in Hauppauge, or the insurance provider, can explain that to you in further detail.
Rehabilitation Costs
If physical therapy is needed after you begin to recover, workers’ comp could cover those costs. It’s possible you’ll need vocational rehab coverage as well if you are unable to complete your job regularly. This could include tuition, retraining and evaluation costs associated with getting you qualified to do a new job.
Funeral Costs
If you have a loved one who died after receiving an injury or illness at work, you could be entitled to death benefits. These benefits typically cover funeral and burial costs, plus compensation for financial support for the dependents of the deceased.
Getting Started
You deserve to be compensated after a workplace injury, and your lawyer from Polsky, Shouldice & Rosen, P.C. may assist you in receiving what you’re entitled to. To learn more about workers’ compensation benefits, or for help in knowing where to turn, contact a workers’ comp lawyer in Hauppauge today.
As an employer or an employee, it’s important to have a sound knowledge of how workers’ compensation works. Should you ever have questions about workers’ compensation law, please do not hesitate to connect with an experienced Hauppauge, New York workers’ comp attorney. Because this area of law is both complex and consequential, it is important to seek guidance whenever you are unsure of your rights and/or obligations under the system. The experienced team at Polsky, Shouldice & Rosen, P.C. is always happy to help ensure that you are making informed decisions about your situation in regards to workers’ comp.
Are employers required to carry workers’ compensation?
Yes. By law, the vast majority of employers are required to have workers’ comp in place. In some states, employers with even one employee are still required by law to carry this insurance.
Does workers’ compensation benefit employers?
Yes again! Workers’ compensation, beyond making the workplace safer for employees and protecting those employees, also protects employers. It’s an insurance policy that protects employers from some lawsuits and mitigates the financial risk many businesses face when an employee is injured. With that said, having workers’ comp in place is no reason to let safety standards slip. Employers can still be held responsible for unsafe working conditions under a number of circumstances.
What happens if an employer doesn’t have workers’ compensation?
If an employee is injured on the job and an employer doesn’t have workers’ compensation, they risk being sued by that employee. One of the main tradeoffs of workers’ comp is that employees who receive these benefits generally forfeit the ability to sue employers for additional damages related to an on-site injury. Without workers’ compensation, employers open themselves up to the risk of what can amount to massive financial and legal strain. Anyone affected by an injurious accident on-site at a place of business without workers’ compensation insurance coverage in place should consider speaking with a Hauppauge, NY workers’ comp attorney about their situation.
Does workers’ compensation typically over independent contractors?
No. Workers’ compensation typically only covers full-time employees and some part-time workers. However, individuals who do not qualify for workers’ comp and are injured on the job may have other forms of legal recourse available. A Hauppauge, NY workers’ comp attorney can provide clarity and guidance about these kinds of scenarios.
When is the best time to file a workers’ compensation claim?
Under most circumstances, it’s best to file a workers’ compensation claim as soon as possible after an injury has occurred. Illnesses may be a little bit different, as they can take more time to manifest. Regardless, the sooner someone files a workers’ comp claim, the better. With that said, it is generally a good idea to have a Hauppauge, NY workers’ comp attorney look over one’s paperwork and supporting documentation before submitting it. Taking this single extra step can help to ensure approval and payment without unnecessary delay.
Does workers’ compensation cover medical bills?
Yes. Beyond providing compensation for lost wages, workers’ compensation provides payment (or reimbursement, in some cases) for medical costs. These costs must be related to the diagnosis and treatment of the injury or illness caused by on-the-job duties, though.
Do employees get to choose their medical provider under workers’ compensation?
The laws surrounding this issue vary from state to state. In some states, employees are allowed to see their regular medical doctor for diagnosis and treatment in workers’ comp cases. In others, employers are responsible for selecting a medical provider for their employees. Whichever the case, the doctor’s medical report often has a big impact on the benefits an injured employee will receive as a result of their injury or illness. Questions about this reality may be directed to an experienced Hauppauge, NY workers’ comp attorney.
Getting Legal Help
Our team understands the laws regarding Workers Compensation and can help you pursue legal action if necessary. You shouldn’t let your employer take advantage of you. Getting hurt on the job can cause more than physical harm. The financial and emotional consequences can be significant. If your employer does terminate your employment and you feel it was because you made a Workers’ Comp claim, you should speak to a Lawyer for Workers Comp in Hauppauge, NY from Polsky, Shouldice & Rosen, P.C. today.
