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NY Workers Compensation AttorneysNY Workers Compensation Attorneys

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.

Client Review

“I used Mark Polsky and his team to help with my worker’s comp case. He and his team are professional and were always looking out for my best interests. They were always available to answer any questions I had, and checked in on me frequently to see how I was feeling, and provided me with updates on my case. I highly recommend them.”
Howard K.
Client Review