Workers Comp Lawyers New York
When you’re injured on the job, it is in your best interest to get legal representation from our Workers Comp Lawyers in New York at Polsky, Shouldice & Rosen, P.C. right away. You may wonder, what is workers comp? Does my injury qualify? The following are some basics to help you understand what it is and whether it might be an option for you to pursue:
A General Definition
As our New York Workers Comp Lawyers may explain during a free initial consultation, workers’ compensation is insurance ordered by the state, offering employees coverage for medical bills and lost wages after a work-related injury or illness. Every state differs in the specifics of the coverage, though they are similar from state to state. Fault typically doesn’t play a role, ensuring every employee has proper protection.
A Few Exceptions
There are a few exceptions to the rule. If your injury falls under any of the following categories, it’s possible you won’t qualify for compensation.
- You were intoxicated on the job
- You started a fight and were injured during it
- You blatantly violated company policy
- You were in the act of committing a crime
- You were on a non-work related errand
You may be wondering if you can receive compensation if you were injured on the job but at a different location than the office. It depends on the situation, but the short answer that our NY Workers Comp Lawyers will probably tell you is “yes.” For example, if you work for a printing company and were injured in an accident while delivery brochures to a customer, you may have been at a different location while performing your professional duties. In such a case, you could qualify for workers’ compensation because you were on the job.
Perhaps you were on your lunch break and were injured while off campus during that time. If it was strictly a personal lunch break, you may not qualify. If your boss asked you to pick up a box of staples while you were out, it may qualify because your lunch break turned into a work errand. Each situation is unique and Workers Comp Lawyers in NY from Polsky, Shouldice & Rosen, P.C. can help you sort it out.
Suing Your Employer
If you benefit from workers’ compensation, you typically can’t file a lawsuit against your employer. Each state has different laws regarding this issue, though that’s the general rule. Some exceptions may include when your employer is intentional in your injury or if the employer had failed to obtain workers’ compensation insurance as required by law.
If you were injured on the job, you could benefit from the assistance of a workers’ compensation attorney. Contact a Lawyer for Workers Comp in New York at Polsky, Shouldice & Rosen, P.C. for answers to your questions, or to learn more about what you are entitled to following a workplace accident.
Common Workers Compensation Claim Mistakes
When you’re injured at work, you have the right to file a workers compensation claim. However, if you don’t file the claim correctly, you can miss out on your opportunity for compensation. Here are some common mistakes workers comp lawyers New York residents trust see:
- Failing to Report Your Injury Immediately: In New York, you only have 30 days to report a work injury to your boss. Then, your boss must file an injured workers report on your behalf. If you fail to report your injury in time, you lose your right to compensation. That’s why you should tell your boss about your injury as soon as possible.
- Not Talking to Witnesses: Were there any of your coworkers present at the time of your workplace accident? If so, it is important to obtain their contact information right away. Employers and insurance companies may challenge workers compensation claims, and having others attest to the accident can help your workers comp lawyers in New York prove your claim.
- Skipping Doctor’s Appointments: If you sustained an injury at work, it is critical to go to all of your doctor’s appointments. If you do not go to all of your appointments, you are not just putting your health in jeopardy. You are also giving the insurance company a reason to deny your claim. They may argue that you’re not as injured as you claim to be if you skip your doctor’s appointments.
- Not Reporting All Your Symptoms to Your Doctor: When you see a doctor about your work injury, it’s important to disclose all your symptoms, even if they seem minor. Sometimes seemingly minor symptoms can get worse over time and you want to make sure you receive the care you need. For instance, if you feel mild stiffness on your lower back in the morning, mention that to your doctor.
- Exaggerating Your Symptoms to Your Doctor: While you shouldn’t hide your symptoms from your doctor, you also shouldn’t try to exaggerate them. For example, you shouldn’t say that you still feel pain in your neck after a month if you actually don’t. If the insurance company finds out you’re not telling the truth about your symptoms, they may deny your claim.
- Accepting a Settlement Prematurely: Dealing with the workers compensation claims process can be stressful, so it’s understandable that you want to to get it over with as quickly as possible. However, it’s a mistake to accept a settlement before your workers comp lawyers in New York have a chance to review it. Your employer’s insurance company won’t have your best interests at heart and may try to offer you a settlement that’s too low. Your lawyer will take the time to review the offer and determine if it’s fair or not.