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.
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.
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.
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.
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.