Workers Compensation Lawyers New York
If you have been injured on the job then you might think you know everything there is to know about Worker’s Compensation benefits, however not every Worker’s Compensation situation requires the use of every single benefit or law. Your Worker’s Compensation lawyers in New York such as the ones available at Polsky Shouldice and Rosen PC should be able to answer most of your questions.
So let’s talk a little bit about some common scenarios where people would do better to know more.
Workers compensation lawyers New York recommends have represented various cases involving work-related accidents. While workers compensation is a mutually beneficial system for employers and employees, there will be many obstacles to overcome. Unfortunately, receiving workers compensation benefits is not always as straightforward as it seems. Understanding what the process entails with the assistance of Polsky, Shouldice & Rosen, P.C. is critical regardless of whether a person has an accident that qualifies or does not. The case may take different paths, but having the necessary legal experience will be imperative to gaining the best opportunity for the situation, especially when complications such as claim denials arise.
Accepted Injuries for Workers Compensation Benefits
The workers compensation system in the U.S. dates back as far as the early 1900s and is essential for both workers and employers today. Workers comp is mutually beneficial because it protects the employer from legal action being taken by the employee. Most importantly, workers compensation ensures injured employees receive the benefits they need and protects them from retaliation on the part of their employer. The injured employee waives their right to file a claim or lawsuit against their employer in exchange for these benefits. Be aware that in addition to qualifying for one of the below injuries or illnesses, the employee must also meet the work-related requirements. Acceptable injuries that may allow for workers compensation benefits include:
- Repetitive Motion Injuries
- Illness & Disease from Exposure to Harmful Materials
- Pre-Existing Conditions
- Stress Injuries
Injuries on the job could include electrocution, slip and falls, being struck by an object, car accidents, and more. Victims with injuries should take immediate action by reporting the accident to their employer and seeking counsel from New York workers compensation lawyers.
What You May Not Receive Coverage For
Although workers compensation may cover many work-related injuries, keep in mind that some accidents will not qualify. Workers compensation is considered a no-fault system, meaning regardless of whether the accident was the fault of the employer or employee- they will still have the ability to access available benefits. Unfortunately, there are a few types of accidents that may not allow a victim to receive these benefits, such as:
- The employee was under the influence of drugs or alcohol
- The accident was a result of “horseplay” or fighting
- The employee was committing a crime when the accident occurred
- Car accidents that happen during the employee’s commute
- Accidents that do not require medical care
Dealing with a work-related injury that does not qualify for workers compensation benefits can be incredibly frustrating, especially when contending with lost wages and exorbitant medical costs. Victims may face financial ruin on top of lasting injuries and work limitations. Because of this, it’s vital to explore available options with the guidance of an experienced lawyer.
Managing Complicated Cases
Regardless of whether injuries qualify or don’t, victims should always consider speaking with a lawyer. With their guidance, it may be possible to find alternative solutions, especially when facing a claim denial or an accident that does not allow for workers compensation benefits. There may even be a third party who can be held accountable for negligence at times. For example, if a person was in a car accident during their commute to work, they won’t qualify for workers compensation. Still, they may pursue a settlement from the driver who was responsible for the accident.
Reaching Out for Legal Support
Victims shouldn’t manage work-related accidents alone. A lawyer from Polsky, Shouldice & Rosen, P.C. will also determine an appropriate course of action. They may even identify additional factors that the victim was unaware of. These cases can be litigious, especially when the employer is disputing the case or the settlement being offered doesn’t cover the expenses acquired from the accident. Victims should protect themselves by immediately reaching out to New York lawyers experienced in workers compensation.
Can Worker’s Compensation affect my Social Security disability benefits?
If you are receiving Social Security disability benefits and you need to receive Worker’s Compensation, you can only receive up to 80% of your average earnings between both benefits. This means that if you are filing for Social Security disability benefits after receiving workers’ compensation benefits, you will not be able to collect the maximum amount of Social Security benefits that your earnings record would give you.
Essentially, if your benefits average together exceed 80% of your current earnings, the disability benefit will be reduced. If you believe that your Worker’s Compensation case has wrongly reduced your Social Security benefits, you should reach out to a Worker’s Compensation lawyer in New York to ensure that everything has been done correctly.
How to figure out my average earnings?
An example to figure out your average current earnings and what that reduction would look like is below:
- First off you should understand that your average earning is calculated by averaging your highest consecutive five years of earnings or by taking the highest year that you earned in the five years prior to receiving disability.
- So if your highest amount of earnings was $40,000, you would divide that by 12 to get your monthly earnings, which would be $3333.33.
- From there you would multiply the number you received as a monthly earnings by 80% to see what your average current earnings would be. In this scenario, the earnings would be $2666.
How much is your monthly Worker’s Compensation benefits going to be?
To do this you once again have to do a little math, and if you struggle with math it’s very likely that your Worker’s Compensation lawyer in New York can help you do this math. You will take the amount of your weekly Worker’s Compensation benefit, whatever you receive each week, and you will multiply it by 52 because there are 52 weeks in a year. After this you will get a number that you would divide by 12, which will help you receive your monthly Worker’s Compensation benefits throughout a year.
An example of how to figure out this number is below:
- If you exceed $400 per week during Worker’s Compensation, you would then take that number and multiply it by 52.
- 52 times $400 is going to give you 20,800.
- You didn’t take 20,800 and divided by 12 what is your monthly compensation benefit of $1733.
- You now subtract your monthly compensation benefit from your ACE. in this instance, he was back 2666 from 1733 and you would receive the number 933. The last number that you have received, 933 is going to show you the highest amount of Social Security disability benefits that you could receive as per numbers in this example.
Compensation for Medical Expenses
One way workers’ comp helps you is by covering medical expenses related to diagnosing and treating your injury. Nearly any kind of on-the-job injury is covered by workers’ comp, so the range of covered treatments is large. If you require prescription medication, physical therapy, chiropractic treatments, surgery and other types of treatment, workers’ comp can take care of it.
That’s one reason it’s so important to speak with workers compensation lawyers in NY as soon as possible after an accident or injury at work. We can help you get compensation for the medical treatment you require to recover and protect your health.
Temporary Disability Payments
Often, workplace injuries mean you need to stay home and recover. During this time, temporary disability payments can provide money to cover the lost income from work. This makes it easier to make a full recovery.
Applying for temporary disability payments is more involved than getting workers’ compensation. It’s necessary for your workers compensation lawyers in NY to provide proof that the injury prevents you from working.
Some employers try to pressure employees to keep working despite an injury, but that’s not healthy for you or legal. If you’ve been fired because of submitting a workers’ comp claim, contact our team at Polsky, Shouldice, & Rosen, PC right away. We can help you take legal action immediately.
Permanent Disability Payments
Some workplace accidents are life-changing. These injuries may make it impossible for you to go back to work. You may have to give up your profession because of physical impairments. In these cases, workers’ compensation can provide long-term benefits, including monthly payments and medical coverage.
Qualifying for permanent disability also requires extensive proof and specific legal steps. It’s essential to contact workers compensation lawyers in NY if you believe your injury may qualify for these benefits. We can help you take the right steps and avoid mistakes.
Other Workers’ Comp Benefits
There are some case-specific benefits for workers’ comp. In some situations, you may receive compensation for education or training so you can learn a new profession. Rehabilitation costs may also be covered. A lawyer can give you detailed information about your case.
HOW POLSKY, SHOULDICE & ROSEN, P.C. CAN HELP
If your claim has been denied, it’s time to contact our workers’ compensation lawyers NY victims depend on. Workers’ compensation is a no-fault system designed to ensure that employees receive the benefits and support they need and that employers do not fall into financial ruin because of an accident. You need our help in determining why your claim has been denied so that we can map out the proper recourse. From our New York workers’ compensation lawyers at Polsky, Shouldice & Rosen, P.C., you can expect:
- A team who will work diligently to answer any questions you may have
- To receive legal guidance from our experienced legal team
- To receive that answers to the many questions you are sure to have
- A timely response to your phone calls
- Regular updates about your case
- Savvy negotiators who will work hard to represent you in your case
In the wake of an on the job injury, you will need to take not only action but also to make several decisions. Our NY workers’ compensation lawyers at Polsky, Shouldice & Rosen, P.C. have seen many struggle with the twists and turns that may come with pursuing workers’ compensation benefits. We want to help you by ensuring that you are provided with the benefits that you deserve and that they are adequate to your needs. To schedule a consultation, call today. Our NY workers’ compensation lawyers will never stop working for you.
WHEN DO YOU NEED A WORKERS COMPENSATION LAWYER IN NEW YORK?
When workers experience an accident, they may suffer through a number of consequences. Any time you remain in a disagreement with the insurance company, you must think about hiring a legal representative to represent you. You will need to gather evidence in order to challenge the insurance company’s position, which might include taking depositions, requesting an independent medical exam, and hiring skilled witnesses– all of which require legal understanding and ability.
THE FOLLOWING ARE A FEW EXAMPLES OF WHEN IT IS BEST TO HIRE LAWYER:
- Your claim is rejected. Insurance companies deny employees’ compensation claims for a range of reasons. The insurance coverage business might claim that your injury wasn’t work-related or that you filed your claim too late. You can fight the rejection through the workers’ compensation system. While the appeals procedure varies from state to state, it generally requires you to submit official documentation, utilize legal tools to collect proof, and present your case at a hearing.
- Your permanent special needs rating is contested. The bulk of a lot of workers’ comp settlements and awards are for irreversible impairment advantages. These benefits are determined based upon your long-term disability rating. If the insurance company does not agree with the ranking assigned by your dealing with doctor, it can require you to attend an independent medical exam (IME) with a physician of its choosing. The IME physician will likely assign a much lower impairment rating, which the insurer will utilize to validate paying you less in benefits. A legal representative can be important to getting you a reasonable settlement or encouraging a judge that you are entitled to the higher score.
- You have a preexisting condition. If you have a preexisting injury or condition including the very same body part you injured at work, you’ll be dealing with an uphill battle with the insurer. The insurance company will likely blame your injury on your previous condition instead of your work activities. This is especially true if your injury has developed gradually with time, instead of throughout a single work mishap. If you have a preexisting condition you may need a workers compensation lawyer located in NY.
- You’re having problems getting the treatment you require. Insurers often reject or hold-up in approving expensive medical treatments, such as surgical treatment. A lawyer can put pressure on the insurance provider to authorize needed medical treatments in a timely manner.
- Your capability to work has been impacted. If you can never ever work again, you’ll require to optimize your workers’ compensation advantages and structure them in a way to last well into the future. If you require to alter careers, you’ll need to protect training in a brand-new type of work. An attorney can assist you do both.
- You’re getting other federal government benefits. If you’re getting Social Security Disability Insurance (SSDI) advantages, these benefits may be lowered if you get workers’ payment benefits. A legal representative can help you decrease how much your SSDI advantages will be lowered. If you are eligible for Medicare, you might also be required to set aside a part of your employees’ compensation benefits to spend for future medical treatment. An attorney can assist you do this in the most beneficial way.
- If the insurance business declines to settle– or makes a lowball settlement offer you’ll be required to go prove your case at a hearing.If you go to court in New York you will want a NY workers compensation lawyer. To learn more, reach out to Polsky, Shouldice & Rosen, P.C.
Concerns Over a Denied Workers’ Compensation Claim
Many people are concerned when they file their workers’ compensation claim that the insurance company will not accept their claim. While insurance agents often accept workers’ compensation claims, there are certain times when they may not have enough evidence to support paying out these benefits or they may believe that the accident you were involved in did not happen while you were working. Whatever the reason for a denied workers’ compensation claim, the insurance company should provide you an answer when they send you a denial letter.
Is there such a thing as a temporary denial?
Yes. If the insurance company involved states that they are waiting for more medical documents before they can make a final decision, your workers’ compensation lawyer should be able to help you gather the necessary pieces of medical paperwork for your claim. If the insurance company receives the paperwork and chooses to accept your claim, you want to talk with your lawyer about getting past medical expenses covered (as long as they relate to your injury).
What does an appeals process look like?
If you have not gone through a workers’ compensation appeals process before or if you have not had an attorney, the entire process can seem daunting. If you and your attorney decide that the best thing is to appeal your denied claim and go to court, you need to be prepared for the hearing. During the heading, the administrative law judge involved with your workers’ compensation case will want to hear evidence.
Your attorney may recommend bringing in any witnesses to your accident and medical reports from your doctor. If the judge approves your workers’ compensation, you can move forward. If they deny it again, your attorney may recommend appealing this decision or they may advise you not to move forward.
Will a lawyer really help me with this?
Going to court on your own or attempting to appeal a denied workers’ compensation claim can be time-consuming and hard to do, especially if you are trying to recover from an injury or illness. A lawyer can walk with you through the different steps you will need to take and can speak with others on your behalf. If your claim is outright denied, know that we understand the denial process and know which steps to take to gather evidence to support an appeal. If you have any further questions on your workers’ compensation claim or a denied workers’ compensation claim, give our office a call.
Workers’ Compensation Frequently Asked Questions
What Is Workers’ Compensation?
Workers’ compensation insurance provides financial protection for employees who are injured or become ill due to the work that they do for the employer. If you need help filing a workers’ compensation claim, the team at Polsky, Shouldice & Rosen, P.C. may be able to assist you.
Who Pays Workers’ Compensation To Employees?
Most employers purchase workers’ compensation insurance and the insurance company pays benefits to employees. However, except for in states where employers are required to purchase insurance coverage, some employers may opt to pay benefits themselves or self-insure.
Can an Employee Get Disability, Unemployment or Social Security While Receiving Workers’ Compensation Payments?
Receiving workers’ compensation payments does not make employees ineligible for other benefits, but it may affect which benefits they can receive. An attorney with Polsky, Shouldice & Rosen, P.C. may be able to help you determine how workers’ compensation affects your other benefits.
What Does Workers’ Compensation Cover?
Workers’ compensation may provide benefits for medical expenses, ongoing care costs, lost wages and funeral expenses that result from an illness or injury that is related to your work.
What Does Workers’ Compensation Not Cover?
State laws determine what types of injuries and illnesses are not covered by workers’ compensation. workers compensation lawyers in NY may be able to help determine whether your injuries should be covered. There are several common examples of injuries that may not be covered:
- Injuries sustained in a fight started by the employee
- Intentional injuries
- Injuries an employee sustains because of working while intoxicated
- Emotional injuries not caused by physical workplace trauma
What Should I Do If I Get Hurt at Work?
Report your injury to your supervisor immediately. If you have a work-related illness, report it to your employer as soon as you receive a diagnosis or become aware that your illness is related to your work. Seek medical attention.
How Are My Benefits Calculated?
Most workers’ compensation insurers pay medical expenses directly to the providers and may require pre-approval for some services. If you are unable to work because of your injury or illness, you may receive a percentage of your average weekly wage. If you believe you are not receiving the correct benefits, workers compensation lawyers in NY may be able to assist you.
Who Decides When I Can Go Back To Work?
When you can return to work depends on any work restrictions your doctor gives you and what your employer’s return-to-work policy is. If there is a dispute between you and your employer about whether you can return to work, workers compensation lawyers in NY may be able to assist you.
In the wake of an on-the-job injury, you will need to take not only action but also to make several decisions. Our NY workers’ compensation lawyers at Polsky, Shouldice & Rosen, P.C. have seen many people struggle with the twists and turns that may come with pursuing workers’ compensation benefits. We want to help you by ensuring that you are provided with the benefits that you deserve and that they are adequate to your needs. To schedule a consultation, call today. Our New York workers’ compensation lawyers will never stop working for you
What are the advantages of workers’ compensation?
Workers’ compensation provides several advantages for those who have been injured on the job. The original purpose of workers’ compensation insurance was to provide injured workers with the benefits they were in need, while also protecting employers from financial ruin should they be faced with a lawsuit. Additionally, workers’ compensation benefits provide employees with medical coverage, vocational rehabilitation, compensation for a portion of lost wages, and in some cases, disability benefits.
What are some reasons my employer might dispute workers’ compensation benefits?
As an injured worker, there is nothing more disheartening than to learn that your employer is disputing the validity of your claim. This is a primary reason to access the support of our experienced New York workers’ compensation lawyers. Common reasons an employer might dispute a workers’ compensation claim include:
- The employer failed to seek medical treatment after the accident
- The employer did not report the injury to their employer
- The injury didn’t occur from work related duties
- The injuries weren’t serious enough to require time away from work
- The employer does not believe the claim is valid
What is the purpose of a third party claim in workers’ compensation cases?
In some cases, a person may seek both workers’ compensation benefits and compensation from an insurance claim. When another party can be held accountable for the accident (aside from the employer), victims may be able to pursue a third-party claim from the responsible party. Examples of third party claims include:
- Negligent driver in a car accident
- Product manufacturers for defective products
- Property owners
Who should I contact if I have questions about my workers’ compensation case?
Following an accident, it’s only natural that you will have many questions about your case. In some situations, it may be appropriate to seek questions or follow up around your case with either your employer or the insurance company providing you with benefits. However, you must proceed with caution. The last thing you want is to do or say anything that might be damaging to your case. This is the primary reason that you might need the assistance of a lawyer. They can represent you and negotiate your case while also protecting your rights throughout the process.
Do all lawyers offer complimentary consultations?
While not all lawyers offer complimentary consultations, many of them do. This allows those seeking legal services the opportunity to speak with a lawyer and have the many questions they have answered. Choosing an attorney is an important decision, and victims will want to ensure they choose a lawyer who feels like a fit and has the experience they need.
Polsky, Shouldice & Rosen, P.C. have been focusing on workers’ compensation law for 30 years, making us the top choice for legal representation following your work-related accident. We know that work-related injuries can be incredibly impactful, and we are here to help you rebuild your life after the accident. Contact our New York workers’ compensation lawyers to get the representation you deserve during this incredibly difficult time.
Filing for Worker’s Compensation? Read This First
A work injury can be a real disruption to your happiness and livelihood. It is important to remember that being hurt at work is not your fault. Workers Compensation Lawyers in NY handle many cases where workers are concerned about getting their bills paid and are eager to get back on their feet. If this applies to you or a loved one, it is important to understand that seeking WC benefits is not something that you have to do alone. Firms like Polsky, Shouldice, & Rosen, PC have the knowledge and experience to help you secure benefits so that you can get back to your life. If you are unsure about whether or not you need an attorney, here are some things to consider.
Do You Need a Lawyer to File for Worker’s Compensation Benefits?
There is no legal requirement for injured employees to retain Workers Compensation Lawyers in NY. That said, having a lawyer comes with huge benefits. When you file for a worker’s compensation claim, you may find that your claim has been rejected. This can come as an unwelcome surprise, and you may be unsure about how to proceed. Polsky, Shouldice, & Rosen, PC can help you with the appeals process so that you can make an effective case on why you are entitled to your benefits.
Sit Down With Attorney Adam Rosen to Discuss the Facets of Workers Compensation Cases for Uber and Lyft Drivers:
DEFINITION OF RSIS
Also referred to as overuse injuries or repetitive strain injury and cumulative trauma which encompasses:
- Hearing loss developed over time from being exposed to loud noises on a regular basis at work
- Carpal tunnel syndrome
- Rotator cuff syndrome
- Trigger finger
- Chronic lower back pain
- Tennis elbow – technically called epicondylitis
SYMPTOMS OF RSI
- Pain, which is anything from a dull ache or tenderness to severe or throbbing pain
- Limited range of flexibility or motion
- A loss of general coordination or strength
You may not even notice these symptoms at first or only when you are performing a specific function or standing or sitting a certain way. If you ignore these subtle symptoms, they could become painful, and eventually they may not go away, even after resting, resulting in the inability for you to do even routine daily chores necessary in your day-to-day life. If you notice these symptoms, it is important to keep thorough notes of your symptoms. By documenting your symptoms and working with workers’ compensation lawyers in New York, you could have a higher chance of receiving compensation for your RSI.
RSI IS NOT JUST FROM SITTING AT A COMPUTER ALL DAY
Many New York workers’ compensation lawyers agree that while computer-related RSIs are pretty common, there are many other job duties where a repetitive motion or using certain types of equipment, or even standing in a certain position for several hours every day can cause RSIs. Other occupations that are at risk for RSIs are:
- Retail and stock personnel
- Healthcare workers, including nurses
- Housekeeping and janitorial workers
- Truck and bus drivers
- Pipefitters and plumbers
- Delivery personnel
- First responders such as firefighters and EMTs
- Farmers and meat processors
- Professional athletes
If you are concerned that the symptoms you are experiencing are a result of a repetitive motion you perform at work, inform your employer as soon as possible. In addition, consult with a physician, through the instructions and advice of your workers’ compensation insurance policy. The longer you wait, the harder it may be to treat or to receive workers’ compensation benefits. Follow the advice of your doctor and make sure to know the circumstances of your injury — what you think is causing the pain, what you were doing when the injury occurred. It is important that your doctor understands your working habits or conditions that could have caused this RSI. New York workers’ compensation lawyers will use your doctor’s opinion on your injury to fight for your right to workers’ compensation.
If you have difficulty collecting workers’ compensation and need assistance, contact the experienced workers’ compensation attorneys at Polsky, Shouldice & Rosen, P.C. RSIs are sometimes difficult to collect workers’ comp benefits because of the sometimes long spans of time away from the job. Choosing experienced workers’ compensation lawyers New York trusts, can help you collect the medical information necessary to support your claim. Contact Polsky, Shouldice & Rosen, P.C. today to schedule a consultation.
4 Dos and Don’ts for Your WC Claim
As Workers Compensation Lawyers in New York, Polsky, Shouldice, & Rosen, PC work hard to set their clients up for success. While there are millions of workplace injuries reported in the US each year, WC claims are not something that the average person deals with on a daily basis. So, when someone is injured at work, they may be unsure about how to proceed. Still, you don’t have to fight for your benefits alone. Working with an attorney can make the WC significantly easier.
If you or someone you love has been injured at work, Polsky, Shouldice, & Rosen, PC has some Dos and Don’ts that can help get you started.
Don’t: Wait To Notify Your Employer
If you are injured at work and have received medical attention you should notify your employer immediately. More specifically, you should notify your employer in writing. Waiting to provide notification, and failing to do so in written form may hurt your case in the long term. To increase your chances of success you need to establish a record of your injury and pursue benefits sooner rather than later.
Do: Hold On to Your Medical Records
After you’ve been treated by a healthcare provider, make sure that you keep any billing information that relates to your treatment. When the time comes for you to file for benefits, having invoices is essential to receiving compensation for your medical treatment. Workers Compensation Lawyers in New York will tell you that this is one of the most important parts of a successful claim.
Don’t: Be Afraid to File
Filing for WC benefits can be frightening to some people. Oftentimes, victims of workplace injuries mistakenly believe that they are taking action against their employers. This is not the case. Your employer has a legal duty to provide insurance benefits to injured workers. Filing a claim for Worker’s Compensation is simply a formalized process to request these benefits. There is no need to be afraid of filing.
Do: Consult an Attorney if You Have Any Questions
As you can see, there are many things to consider when it comes to filing a WC claim. You and your family likely have enough on your plate already. It is nice to have the knowledge of a lawyer at your disposal. Not only can they answer your questions, but they can also advocate and fight for you should the situation call for it.
Questions To Ask a Workers’ Compensation Lawyer
Choosing the right workers compensation lawyers in New York requires looking for experience, professionalism and dedication. A good lawyer encourages clients to ask questions. At Polsky, Shouldice, & Rosen, PC, we can help you find the answers you need and show you the available options for your case. What questions should you ask?
Does It Matter If I’m at Fault for My Injury?
It’s good to ask specific questions about the circumstances surrounding your injury. After all, you don’t want to discover problems in your case after already investing time in it. In New York, workers’ compensation is generally a no-fault system, meaning that it’s not necessary to assign blame.
On the other hand, if someone injures themselves on purpose, workers compensation doesn’t cover it. There are also prohibitions against being intoxicated or under the influence of drugs when the accident happened.
What Type of Doctor Can I See?
Sometimes, you have to follow a certain list of physicians provided by your employer or the insurance company. If this list isn’t provided, you can see any doctor you want for medical treatment. This is one area where workers compensation lawyers in New York can guide you and help you avoid making mistakes.
When a company doctor (not your personal physician) is attending to your injuries, you need to be careful with what you say. Emphasize that you were hurt on the job and be truthful about the injury. Answer the doctor’s questions briefly. Keep other conversations to a minimum, and don’t discuss what caused the injury.
At Polsky, Shouldice, & Rosen, PC, we can provide you with a list of other questions to ask your doctor. These questions can help to determine if you have other injuries that haven’t appeared yet. Medical records are helpful evidence in your case.
What Benefits Do I Qualify For?
Workers’ compensation can provide many types of benefits, ranging from coverage of medical treatment to payments for disability. The benefits you qualify for depend on the nature of your injury and the amount of time that has passed since the accident. Workers compensation lawyers in New York can let you know how strong your case is and what benefits you can apply for.
Can I Sue My Employer?
The same no-fault system that applies to employees also applies to employers. It’s not generally possible to sue your employer if they provide workers’ comp coverage. However, you may be able to sue a third-party business if defective products were at fault for the accident, such as a poorly built ladder.
Does Workers’ Comp Cover Exacerbation of Preexisting Conditions?
It is important to understand that if work-related activities have caused you harm and you’re eligible for workers’ compensation benefits, chances are very, very good that you’re entitled to receive a properly valued payout for your claim. The major coverage exceptions for those who are eligible (and who have been hurt while engaged in work-related activities) involve harm caused while a worker was drunk or otherwise intoxicated or impaired while on the job, harm caused by a fight or altercation that the worker caused, and harm caused by a worker who was trying to get hurt in an effort to commit workers’ compensation insurance fraud. Otherwise, those eligible for these benefits are entitled to them, provided that their occupational illness or injury was work-related.
With that said, some claims are easier to prove than others. When a construction worker tumbles off scaffolding in front of dozens of witnesses, it isn’t easy for a workers’ compensation claims adjuster to argue that the resulting harm was caused by factors outside of the workplace. By contrast, many repetitive stress (also referred to as repetitive trauma) injuries and harm caused by exacerbation of preexisting conditions can be particularly difficult to prove. Workers’ compensation insurance representatives are trained to devalue and/or reject claims when possible, in an effort to avoid paying out more in benefits than is absolutely necessary. So, if an insurance claims adjuster can find reasons to devalue or reject a claim, they will.
Say that you sustained a shoulder injury in high school while playing varsity baseball. Ten years later, your work as a construction laborer began aggravating that old shoulder injury to the point where you now require surgery and physical therapy. In theory, workers’ compensation should cover the medical costs and lost wages associated with the exacerbation of your old injury because it was aggravated as a result of your work-related activities. However, the insurance claims adjuster in your case attempts to blame your efforts to play with your kids, work out regularly at a local gym, and home improvement projects for your shoulder injury aggravation. This hypothetical illustrates why it is so important to work with the experienced New York legal team at Polsky, Shouldice & Rosen, P.C. as soon as you decide to file a claim. We understand the obstacles that workers often face when attempting to file a workers’ compensation claim successfully and we know how to build the strongest possible case on your behalf – whether your injury is straightforward or not.
Are Undocumented Workers Entitled to Benefits?
Some states choose to deny workers’ compensation insurance coverage to workers who don’t possess proper immigration documentation. Thankfully, New York is not one of these states. Whether you are a documented or undocumented worker, if your worker classification entitles you to workers’ compensation benefits, you are empowered to file a legitimate claim without fear of either denial or retaliation.
Construction Site Accidents
While a worker in any occupation has the risk of becoming injured in work-related incidents, those in the construction industry are especially susceptible. In fact, the construction industry is considered one of the most dangerous industries for workers. According to the Occupational Safety and Health Administration (OSHA), the construction field suffers the highest percentage of on the job accidents and worker fatalities as compared to all other major American industries. In fact, of the 5,000 workers who die each year from job-related accidents, more than 20 percent of those victims are in the construction industry. If you or a loved one has suffered a construction site accident, one of the New York workers’ compensation lawyers from our firm can help you get the benefits you deserve.
TYPES OF CONSTRUCTION ACCIDENTS
While there is a myriad of different types of accidents that can occur on a construction site, OSHA has identified certain types of accidents as the most dangerous. These are referred to as the Fatal Four:
- Falls: Falls on construction sites are responsible for about 35 percent of all construction site deaths.
- Heavy objects: Workers getting hit by heavy objects, falling debris, or equipment are responsible for many construction site fatalities.
- Electrocutions: Construction on new structures, as well as construction on existing structures can result in electrocutions with live wiring being installed, as well as exposed while the work is going on. There is also the risk of electrocution from faulty tools or equipment.
- Getting caught: Also included in the fatal four are workers who became trapped between objects, such as machinery, equipment, or vehicles.
New York workers’ compensation lawyers know that the majority of these Fatal Four accidents are caused by the lack of proper safety procedures or poorly maintained worksites. For example, taking a look at the most frequently cited violations issued by OSHA inspectors – the failure to provide fall protection, improper scaffolding, lack of safety guards in machinery to prevent workers from being trapped, and poor communication about hazards between managers and workers – and you can see a direct correlation between those violations and the Fatal Four.
If You Are Injured on a Construction Site
In order to ensure you receive the benefits you are entitled to, it is important to report your injury as soon as possible to your supervisor. You also want to get medical attention right away, even if you don’t think the injury is serious. Complications could arise later and if you wait too long, your claim can be disputed.
Your employer will likely give you many forms to fill out. In order to make sure that no errors occur and that your claim is protected, it is best to contact one of our New York workers’ compensation lawyers to make sure that forms are filled out correctly and you are meeting any and all deadlines for submitting them.
WORKERS COMPENSATION LAWYERS NEW YORK RESOURCES:
Tips for Managing Workers’ Compensation Cases
WHEN DO YOU REQUIRE A WORKERS COMPENSATION LAWYER IN NEW YORK?
Whenever you stay in a disagreement with the insurance provider, you must consider employing a legal representative to help you. You will be required to gather proof in order to challenge the insurance company’s position, which may consist of taking depositions, requesting an independent medical examination, and hiring skilled witnesses– all of which require legal understanding and ability.
Examples of when to hire an attorney
Your claim is turned down. Insurance providers reject staff members’ compensation claims for a series of reasons. The insurance coverage company might declare that your injury wasn’t job-related or that you submitted your claim too late. You can combat the rejection through the employees’ payment system. While the appeals procedure differs from state to state, it typically requires you to send main documentation, use legal tools to collect evidence, and present your case at a hearing. If you are located in New York City it is best to call a workers’ compensation lawyer specific to that area.
You have a pre-existing condition. If you have a pre-existing injury or condition including the same body part you injured at work, you’ll be handling an uphill battle with the insurance provider. The insurance company will likely blame your injury on your previous condition instead of your work activities. This is particularly true if your injury has actually developed gradually with time, instead of throughout a single work accident. If you have a pre-existing condition you might require a workers’ settlement legal representative situated in NY.
You’re having problems getting the treatment you require. Insurers often turn down or hold up in authorizing costly medical treatments, such as surgical procedures. A lawyer can put pressure on the insurance coverage supplier to license needed medical treatments in a prompt manner.
Your capability to work has actually been affected. If you cannot work again, you’ll need to optimize your employees’ settlement benefits and structure them in such a way to last into the future.
You’re getting other federal government advantages. If you’re getting Social Security Disability Insurance (SSDI) advantages, these advantages may be lowered if you get employees’ payment benefits. A legal agent can assist you in determining how much your SSDI benefits will be decreased. If you are qualified for Medicare, you might also be required to reserve a part of your workers’ compensation advantages to spend for future medical treatment.
Types of Workers’ Compensation Settlements in New York
It is possible to settle your New York Workers’ Comp claim if you choose a stipulation or a Section 32 settlement. Both types of settlement must be submitted to the Workers’ Compensation Board for approval.
Upon the creation of a stipulation agreement, you and the insurance company have agreed to certain facts. At this point, both you and the insurance company may agree that you have a scheduled loss of use. The insurance company will pay the agreed upon benefits if the workers’ compensation board approves your agreement. Also, stipulation agreements may be changed.
Section 32 Settlements
A Section 32 settlement is a full and final settlement of your workers’ compensation claim. Section 32 settlements require you to release all claims against your employer if they arise out of your work injury. A New York workers’ compensation lawyer will be able to tell you if your claim could potentially qualify for section 32 settlement.
In many cases, a Section 32 settlement will be more limited. A limited settlement may allow you to continue receiving medical benefits in the future, but may end your wage loss claims. Section 32 settlements are somewhat rare. Most insurance companies would rather close a workers’ compensation claim and not pay benefits than leave claims partially open.
Other settlements are usually paid in a lump sum, while Section 32 settlements are paid over time. When a settlement is paid over time, it is commonly classified as a structured settlement.
Typically, structured settlements are used in catastrophic claims or when a worker needs long-term care. They give a worker steady income through scheduled payments (weekly, monthly or annually). Many structured settlements could also include an up-front payment to help with medical bills and other expenses. (For more information, see our general article about workers’ compensation settlements.)
Structured settlements can be used in catastrophic claims or when a worker needs long-term care so that the injured worker receives steady income through scheduled payments while they are otherwise unable to work or are recovering from their injuries. An up-front payment is included in many structured settlements.
Determining your settlement amount
There is no simple formula for valuing a workers’ compensation claim, this is the main reason workers’ compensation lawyers are hired. A lawyer will work to help workers evaluate settlement offers and negotiate with the insurance company due to the complexity of New York workers’ compensation laws.
When evaluating a settlement offer, one should consider several factors, including:
- How much is it likely you are owed in permanent disability benefits?
- The potential cost of future medical bills.
- Any temporary disability payments that the insurance company failed to pay.
- Any unpaid medical bills to date.
- Any penalties that the insurance company owes you for failing to pay your benefits on time.
3 Types of Repetitive Stress Injuries
1. Carpal Tunnel Syndrome
Carpal tunnel syndrome results when the median nerve in the wrist is compressed. It causes numbness, tingling, weakness and pain in the affected hand and fingers. Permanent nerve damage can occur if the condition is not treated. Treatment options include activity modification, splints, pain medication, nerve gliding exercises and cortisone injections. Workers compensation lawyers in New York may be able to help you with a work-related carpal tunnel claim.
Bursitis results from inflammation in structures within joints called bursa. There are more than 150 bursae located in your body. Bursae help reduce the friction in joints. Bursa consists of a thin sac that contains a small amount of synovial fluid. Joints with healthy bursae can move with a minimum amount of friction between muscles, bones and tendons. However, when bursitis occurs, the inflamed bursae can hinder movement and result in pain and swelling. Bursitis is most commonly caused by repetitive joint stress and is common in manual labor occupations, such as construction.
Symptoms include swelling, pain, warmth and stiffness. Pain caused by bursitis is usually worse during and after activity. Common treatments include anti-inflammatory drugs, ice application, rest and short-term immobilization. Corticosteroid injections or surgery may be used to treat chronic bursitis. If you believe your bursitis is caused by work-related activity, workers compensation lawyers in New York at Polsky, Shouldice & Rosen, P.C. may be able to help you get compensation.
Tendonitis is an acute inflammation of tendons that connect muscle to bone. It may cause a decrease in muscle strength, pain and loss of mobility. Pain may be felt at the site where the tendon attaches to the bone or where a muscle and tendon connect. Because tendons have limited blood supply, they tend to heal slowly when injured. Tendonitis usually affects tendons that have the least amount of blood supply.
Tendonitis is often caused by the overuse of a tendon during work activities, such as assembly line work. People over the age of 40 have a higher risk of developing the condition. The most common sites of work-related tendonitis are the Achilles tendon, the knees, the elbow, the biceps, the wrists and the rotator cuffs. Symptoms include swelling, pain, tenderness, a cracking or grating sensation, stiffness and lumps or bulges.
The condition may be treated with anti-inflammatories, limitation of movement and rehabilitation. If you need help with a tendonitis claim, workers compensation lawyers in New York at Polsky, Shouldice & Rosen, P.C. may be able to assist you.
New York Workers Compensation Lawyer
Workers’ compensation settlements require a high level of legal knowledge and skill, and you must be able to give your claim a monetary value, negotiate with the insurance company, complete settlement forms, and comply with other state and federal laws. You don’t have to hire a workers’ compensation lawyer to settle your claim, but it’s probably in your best interest to do so.
A settlement is when you agree to give up your rights to collect workers’ compensation benefits related to your injury. If you are going to sign a settlement agreement, you should have a workers’ compensation lawyer review it.
If you can never ever work once again, you’ll need to enhance your workers’ compensation benefits and structure them in a method to last well into the future. If you’re getting Social Security Special needs Insurance Coverage (SSDI) advantages, these advantages might be lowered if you get employees’ payment benefits. If you are eligible for Medicare, you may likewise be required to set aside a part of your payment advantages to invest for future medical treatment. If you are looking for a workers’ compensation lawyer in NY you should reach out to Polsky, Shouldice & Rosen, P.C. today.
A Lawyer Can Alleviate Stress
Trying to resolve a Worker’s Compensation claim alone can be a stressful venture. You may not have the time or energy to take on the administrative tasks associated with filing a successful WC claim. One benefit of an attorney is having someone to take on these tasks for you. When an attorney is dealing with your appeals process or an employer who does not have WC insurance, it gives you more time to focus on recovering from your injury.
A Lawyer Can Give You Advice
If you or a loved one has been hurt on the job, the world of Worker’s Compensation claims is likely new to you. If you are unsure about how to get started or afraid of making mistakes, it is best to get in contact with an attorney as soon as possible. They know the process and they know the system. Should you need guidance, advice, or support, an experienced Worker’s Compensation attorney is the best place to get it. Having one on your side can make a huge difference in the outcome of your claim.
To learn more about how we can help you, please call Polsky Shouldice and Rosen, P.C. today.
“Polsky , Shouldice and Rosen is a competent law practice that delivers results. The office is always clean and inviting, and the staff is pleasant. They have parking in the back which makes things that much easier. I was lucky enough to have Adam L Rosen represent me in a workers compensation case. Adam Rosen is a pleasant, down to earth and respectful individual. As for my case, he and his staff took care of everything, kept me informed and made the experience stress free along the way. Most importantly, he and his law firm delivered a relatively good result. I hope this review helps someone looking for a good lawyer.”