Workers Compensation Attorney New York

According to national statistics, there are approximately 804,000 workers currently working in general industry and an additional 838,000 workers in construction that may be exposed to lead on the jobs they work on. As a New York workers compensation attorney from Polsky, Shouldice & Rosen, P.C. can explain, lead is a toxic chemical that can have short- and long-term effects on an individual’s health.

If you sustain an injury or illness that was caused by lead exposure at work, you may be able to file a New York workers’ compensation claim to pay for your medical bills and lost wages. Keep reading to learn more about lead exposure in the workplace. Call our office to speak with a workers comp attorney NY workers trust if you or a loved one has been exposed.

Symptoms of Lead Exposure

If you work in an environment with an increased risk of lead exposure, you may experience the following symptoms:

High blood pressure
Headaches
Abdominal pain
Memory or concentration challenges
Joint pain
Fertility problems

OSHA Requirements for Workplaces with Lead

The Occupational Safety and Health Administration has created strict guidelines that employers must follow if their workers are exposed to lead. By complying with them, workers can protect themselves as well as their families from the damaging effects of lead exposure. These guidelines include:

Conduct tests to look for air in the lead
Provide proper training for workers who handle lead regularly
Add a shower that workers can use after their shifts
Offer blood lead level testing for workers
Create lead dust and fume controls

How to Prevent Lead Exposure at Work

Fortunately, there are several ways you can prevent lead exposure while you are at work. If you are in the construction, plumbing, auto repair, painting, manufacturing, or steel industry, you are particularly susceptible to lead exposure at work and should adhere to these tips:

Do not eat or drink near areas with lead products
Wash your hands regularly
After you’ve worked with lead products, take a shower and change your clothing
Wear protective equipment such as gloves and goggles when handling lead
Visit the doctor regularly for blood lead level testing
Eat healthy to make your body less prone to lead exposure

Filing a Workers Compensation Claim

If you have been hurt by work-related lead exposure, it is in your best interest to contact an experienced New York workers compensation attorney from Polsky, Shouldice & Rosen, P.C. An attorney can evaluate your case and determine whether you are eligible to file a claim. A workers compensation attorney in New York can also help increase your chances of cooperation from the workers’ compensation insurance company and increase the chances of your claim getting approved.

Workers Compensation Attorneys NY

If you have been injured at work or are suffering from job-related illness, you may be considering retaining one of the many workers’ compensation attorneys NY has to offer. However, you may also have found in your search for an attorney that there are countless workers’ compensation attorneys in NY from which to choose.

The workers’ compensation attorneys New York clients recommend at Polsky, Shouldice & Rosen, P.C., have advocated for injured workers for nearly three decades. Our legal team understands how overwhelming and stressful these situations can be. Many victims are pressured by workers’ compensation insurance companies to settle for far below the amount that their injury or illness is worth. Victims may feel pressured by their employers to settle quickly or face the threat of losing their job. What Happens If An Undocumented Worker Is Injured On A Construction Site?

Workers’ Compensation Benefits

Tactics like these are illegal under New York’s employment and labor laws. There are also other rules that employers and insurance companies are required to follow under the law when it comes to workers’ compensation benefits. Our NY workers’ compensation attorneys can ensure that your rights are protected and that you receive all the benefits you are entitled to.

Some of the more common work-related injuries our NY workers’ compensation attorneys can assist with include:

Construction site accidents: Construction sites are the most dangerous workplaces in the country, with almost 200,000 workers injured every year.
Repetitive stress injury: Performing the same motion repeatedly can cause injuries to muscles and other body parts.
On the job injury: Accidents happen every day to workers, including machinery malfunctions, slip and falls, chemical exposure, and vehicle collisions.
Occupational illness: There are many dangerous substances or conditions that workers are exposed to every day, resulting in serious illnesses. Examples include asthma, cancer, and respiratory disease.

We Can Help You Receive Maximum Benefits

When you retain the services of one of the workers’ compensation attorneys, NY victims depend on from Polsky, Shouldice & Rosen, P.C., rest assured we can be by your side during the complex claim process.

Your attorney can assist you in the initial filing of your injury claim and make sure your weekly benefits begin on time and in full. Your attorney can also fight for compensation to cover the medical treatments you require.

Polsky, Shouldice & Rosen, P.C. can also represent you during any workers’ compensation hearings. If necessary, we can also represent you in an appeal. Our firm’s goal is to obtain maximum financial benefits for the injury or illness you have sustained as a result of your job.

Job Security in the Wake of Filing a Workers’ Compensation Claim

Our NY workers’ compensation attorneys share that some workers who get hurt on the job decide not to file a workers’ comp claim out of fear. They are worried about retaliation from their employer, namely in the form of termination. As illegal as this practice is, it may still occur in some situations. Explore the basics of termination in the face of a work injury and claim.

Terminating a Contract Employee

Our NY workers’ compensation attorneys want you to know that contract employees are not treated the same way as at-will workers. Contractors get hired for special projects or specific time periods. The terms of the employment contract should set out what would be considered a terminable offense. Workers’ compensation coverage may not apply to contract employees. Since the laws for coverage vary from state to state, a contract worker may find that they do not qualify for claims for a work injury. In general, if an employee gets hurt through the course of work, they are eligible for applicable workers’ compensation if the company is required to carry the coverage. Our workers’ compensation attorneys in NY share that a contract employee may be fired while out on long-term workers’ compensation only if the contract specifies that being absent from work for a set period qualifies as a terminable offense.

Terminating an At-Will Employee

Most companies are at- will. People are hired and paid directly by the company for a certain number of hours every week with no end date. There are standards to which all at-will employees must adhere. An employee handbook with the punishment system for workers who do not follow the rules or conduct themselves according to company standards is provided when someone is hired. In this book are the reasons someone may face termination. Our workers’ compensation attorney serving NY stresses that filing a workers’ compensation claim is not a fireable offense. State and federal laws protect employees who are out on workers’ comp. However, someone out on workers’ compensation may lose their job if they have other underlying and qualifying offenses according to company rules.

Terminating an Employee Who Can’t Return

What happens to those employees who cannot return to work after getting hurt on the job? Some injuries are too severe and cause either permanent disability or leave someone unable to perform the same position due to physical limitations. In the latter instance, the employer must try to accommodate the employee’s work restrictions. The employee can be moved into another position, or modifications to the current position can be made. If this can’t happen, either due to the nature of the work or permanent disability, the employer may sever ties with the employee.

The New York workers’ compensation attorneys can provide you guidance through the workers’ comp process. If you find yourself terminated after filing a claim, the attorney can act as your advocate.

Sit Down with Attorney Adam Rosen to Discuss the Basics of Workers’ Compensation:

Repetitive Motion Injuries

When you have a repetitive motion injury from your job, you may be wondering what a New York workers’ compensation attorney can do for you. Unfortunately, many people associate workers’ compensation with obvious, sudden injuries, like pulling a muscle in your back or slipping and falling at work. Because of this, many of our clients don’t realize that it is possible to get workers’ compensation for their repetitive motion injuries. If you are suffering from a repetitive motion injury that you got while working on the job and want to see if workers’ compensation will cover the costs of your recovery, please give our office a call. Our NY workers’ compensation attorney would like to help you.

More Information on Repetitive Motion Injuries

A repetitive motion injury (also known as a repetitive stress injury) occurs when a person utilizes the same muscles repeatedly. Our workers’ compensation attorney in NY shares some of the most common repetitive motion injuries you may have heard of are:

Carpal Tunnel Syndrome. Many people suffer from carpal tunnel syndrome after working the same type of job for many years. Especially if you work at a computer and must type frequently, you will likely be more at risk for this. When there is swelling in your wrist, it can put pressure on your nerves and cause pain and numbness.
Tennis Elbow. Although many people get tennis elbow from playing tennis, you do not need to play the sport to get it. Our workers’ compensation attorneys in NY have seen this kind of repetitive motion injury to be extremely painful and can lead to permanent muscle damage if not treated.
Tendinitis. Tendinitis happens when your tendons become inflamed and can cause pain, swelling, and discomfort in the area where your tendon meets the muscle.

These are just a few of the more common types of repetitive motion injuries. We know that you may be wondering if you can get workers’ compensation benefits if you got one of these injuries from doing your work. Our workers’ compensation attorney in NY wants to assure you that we will help you with your workers’ compensation claim. We will need to prove that your repetitive motion injury occurred because of the work you do daily and that it is directly related to your job. Like a typical workers’ compensation claim, you will need to notify your supervisor and seek help from a doctor for your injury.

For more information on repetitive motion injuries and workers’ compensation claims, please reach out to our workers’ compensation attorney in New York now. Call an excellent option for workers’ compensation attorneys NY provides at (516) 594-0909 for your free case evaluation.

Signs You May Need the Representation of a NY Workers’ Compensation Attorney

Our workers’ compensation attorneys NY victims recommend can support you should you have been injured while at work. It’s only natural that you will be left to sort out how best to move forward. While you may be tempted to proceed without legal representation, there are specific signs that could indicate the need for Polsky, Shouldice & Rosen, P.C. Taking advantage of a consultation provided by our NY workers’ compensation attorney can provide a variety of benefits. Get started with our experienced legal team at Polsky, Shouldice & Rosen, P.C. today!

Here are some vital signs that may call for the help of our NY workers’ compensation attorney:

#1: Your Settlement Doesn’t Cover Your Damages

Damages make up the losses that you have experienced following an accident. This can include a vast range of things, including medical expenses, physical injuries, and more. When dealing with insurance companies, the harsh reality is that insurance carriers will be looking to pay out as little as possible to accident victims. This is where our New York workers’ compensation attorneys can come in to advocate for you.

#2: Your Injuries Result In a Disability

In some cases, on the job injuries may cause you to experience debilitating disabilities that may be permanent and long term. Such disabilities may leave you with lasting medical injuries, with expenses that are likely to follow. You may be entitled to compensation that you will surely need help from an experienced lawyer in obtaining.

#3: Your Employer Denied Your Claim

Unfortunately, in some cases, your employer may deny your claim. Your employer may deny even the most legitimate claim. If your claim has been denied our NY workers’ compensation attorneys can assist by speaking with your employer and their insurance carriers to learn the reason for your claim denial. Just because your claim has been denied doesn’t mean that you are out of options; Polsky, Shouldice & Rosen, P.C. can help.

#4: You Have Experienced Retaliation in the Workplace

When an employer retaliates against an employee who has been engaged in an activity that is protected, you will want to contact workers’ compensation attorneys available in NY. Examples of retaliation can include mistreatment, harassment, and even job loss. If you have lost your job or have experienced mistreatment, it’s essential to speak with a lawyer for help. Accepting workers’ compensation benefits is a right for employees who have been injured on the job, experiencing retaliation may allow you to take legal action with the assistance of our NY workers’ compensation attorneys.

Work-Related Illness

Most people understand that when they are injured at work, they have the right to file a workers’ compensation claim so that they can help pay things like medical bills directly related to their injuries and lost wages for the time they need to take off of work. However, things can become a little more complicated if you are trying to argue that your workers’ compensation claim is valid when you have become ill from your work. In New York, this is known as an “occupational disease” and you still have the right to work with an attorney and fight for your benefits to be paid out to you.

How can you prove that your claim is legitimate?

Especially when it comes to occupational diseases, you will need to show that your illness was a direct result of the type of work you perform. This means that you will need to show:

Your illness was not caused by outside circumstances
Other people who worked similar jobs to you or worked with a specific type of chemical or instrument became sick similar to you

You will need to demonstrate that if you are unable to continue working in the same position or if you can work at a reduced capacity, it is because some feature of your employment specifically caused this to be true. Additionally, you may be concerned that having a pre-existing condition will cause problems with your claim. While it may be more effort on your part, you may still be able to receive benefits even if you have a pre-existing condition. For example, if you have documentation of your pre-existing condition, you will want to show that it was not affecting your work and that it did not cause you to become disabled. After you began working at your job, you can make note of how your job affected your pre-existing condition and provide medical documentation to support this claim.

Benefits of Scheduling a Consultation

You won’t want to choose just any attorney that you find from a basic Internet search. In fact, ensuring you retain a lawyer who feels like a match and has the experience that you need, calls for proper research. One of the most critical steps to take when searching for a NY workers’ compensation attorney is scheduling a consultation with them. This can provide victims with a variety of benefits and allow them to not only get a feel for prospective attorneys but also have their case reviewed and ask the many questions that they may have.

Terminating a Contract Employee

Terminating an At-Will Employee

Terminating an Employee Who Can’t Return

When should you file your workers’ compensation claim?

As any workers’ compensation attorney in New York would tell you, filing your claim on time is paramount. Once you know that you have become ill due to your work, you will want to reach out to an attorney as soon as possible so that you can begin filing your claim and begin gathering the evidence you need for your claim. Remember, just because you do not have an obvious injury like a broken arm or whiplash does not mean your job did not make you become ill. Reach out to our office to set up your consultation.

Workers Compensation Attorneys New York Offer Can Fight for Your Rights

Were you injured while working? If so, you might know that you can file for workers compensation benefits, but did you know that doing so on your own could result in less benefits than you need, let alone deserve? At Polsky, Shouldice & Rosen, P.C., our workers compensation attorneys in New York handle workers compensation claims every day. We’ve helped thousands of clients whose claims were initially denied. We have also recovered maximum benefits for injured workers who almost accepted much less than they were first offered by the Workers Compensation Board. Filing A Workers’ Compensation Claim.

Our workers compensation attorneys in New York understand the rogue tactics commonly used by employers and their insurance companies. By leveraging our experience, skill, and knowledge, we level the playing field and get our clients positive results. To learn more, call Polsky, Shouldice & Rosen, P.C. today.

Our New York Workers Compensation Attorneys Protect Injured Employees

Our workers compensation attorneys in New York have decades of combined experience in handling claims. Benefits for injured workers may include lost wages, medical care, disability, and more. Our past clients sustained serious injuries in all manner of jobs. Some of the most dangerous workplaces in America are those which are in the following industries:

Construction
Agriculture
Manufacturer
Oil
Waste processing
Transportation
Logistics
Utilities
Health care

Industries with Special Workers Compensation Laws

It is not safe to presume that every occupation or industry will provide the same benefits to an injured worker, even with the assistance of workers compensation attorneys in New York. These industries are unique and have their own laws regarding compensation benefits for injured workers.

Railroad Workers – The U.S. federal government considers railroad jobs to be so dangerous that there are special laws to protect employees, and these laws are listed in The Federal Employees Liability Act.

Maritime Workers – Employees who spend most working hours on a commercial boat may be able to pursue compensation through the Jones Act.

Toxic Substance Workers – A worker exposed to toxic substances and who becomes ill immediately after exposure or a delayed onset of symptoms might have the right to recover damages through a claim or lawsuit. An example of this is asbestos.

In general, with any of the above situations, you should consult workers compensation attorneys in New York who can provide you with guidance as to your legal options.

When a Third Party Injures an Employee

Workers compensation can be collected when you, your employer, or a coworker causes or contributes to the injury. If a third party is to blame, workers compensation attorneys in New York might advise you to file a personal injury claim or lawsuit against that party. Grounds for a civil claim could include negligence, wrongoing, premises liability, product liability, manufacturer defect, or wrongful death.

Recoverable damages for third party claims or lawsuits might include pain, suffering, medical bills, lost wages, loss of consortium, and funeral costs.

Do You Need Help with Your Workers Compensation Claim?

If you were injured while working and are concerned about not getting full benefits, learn what a workers compensation lawyer can do for you. To schedule a free and confidential consultation with one of our workers compensation attorneys New York victims trust, call Polsky, Shouldice & Rosen, P.C.

Getting hurt on the job is something that can seriously derail life. Depending on the seriousness of the injury, you may find yourself laid up for quite a while. How will your bills get paid? Will medical treatment cause bankruptcy? If your employer carries some type of workers’ compensation insurance, you may be eligible to file a claim. Before getting started, check out the answers to three common questions about the workers’ compensation process. For more detailed information, contact one of the NY workers compensation attorneys from Polsky, Shouldice & Rosen, P.C.

How Do I Start the Process?

The workers’ compensation claims process is relatively easy to start. Once you are injured or become ill as a direct result of your job, you should go to your supervisor or manager and report it. If your accident is severe enough to warrant an ambulance, your employer should start the process of filing the claim for you. However, you will need to provide your statement and give further information upon your return. As soon as you believe your job caused you to be hurt, you should report it.

I Was Injured in a Different State Than Where I Reside – Where Do I Apply for Benefits?

The laws of workers’ compensation insurance and residency requirements may differ from state to state; however, the general rule is that you may file in either the state you live or the state where you were hurt. One thing NY workers compensation attorneys may advise is comparing the level of workers’ compensation benefits in one state or the other, and filing in the one with better payment rates or perks. The location, therefore, does not matter so long as you submit the claim timely.

Can My Employer Reprimand Me for Filing a Claim?

Your employer cannot fire you, demote you or reprimand you for filing a valid workers’ compensation claim. You cannot be pushed out of your job while you are out on medical leave. While the employer may be able to fill your position with someone else, they must also either bring you back to that position or a similar one for the same pay. If you have work restrictions imposed due to the injury, you may not be able to perform the same job, but your employer will have to accommodate those restrictions and continue paying you at the same rate no matter what. The benefits of having one of the NY workers compensation attorneys from Polsky, Shouldice & Rosen, P.C. representing you is that they can help protect your rights against any retaliatory actions by your employer.

Filing a workers’ compensation claim may seem daunting, but with the right guidance, the process doesn’t have to be scary. Find NY workers compensation attorneys who can represent your best interests and get you the kind of care for your injuries that you deserve.

Polsky, Shouldice & Rosen, P.C.

Injuries at work leave employees unsure of what to do next. You must proceed with caution. Although you may believe that your employer has the best intentions, it will be vital that you speak with Polsky, Shouldice & Rosen, P.C., for the guidance and support that you deserve. Our New York workers’ compensation attorneys are prepared to assist you in putting your best foot forward.

Let One of Our Workers’ Compensation Attorneys NY Trusts Help

If you have suffered a job-related injury or illness and would like to speak with one of the premier NY workers’ compensation attorneys, contact Polsky, Shouldice & Rosen, P.C. today. Our legal team has successfully represented many injured workers and obtained the maximum compensation possible for our clients.

Call an excellent option for workers’ compensation attorneys NY provides at (516) 594-0909 for your free case evaluation.

Contact Our New York Workers Compensation Attorneys

If lead exposure at work has left you with an illness or injury, we encourage you to reach out to Polsky, Shouldice & Rosen, P.C. Call our office today to set up a free case evaluation with a workers compensation attorney New York clients recommend and find out what benefits you may qualify for.

Client Review
“Justin was amazing for me. Walk me threw the step of how everything works start to finish and just made me feel comfortable. Also got me a lot of money. Had to throw that in. If anyone looking for a good attorney for comp this would be the place. Thanks buddy for everything!”
Vinny Verderosa

Workers Compensation Attorney New York

By NY Workers Compensation Attorneys