Workers’ Compensation Lawyers Rockville Centre
If you were previously injured, regardless of whether or not the injury occurred at work, you might have concerns about receiving workers’ compensation for a new injury that is related to an old, or a preexisting one. This is a valid concern and should be discussed with the workers’ compensation lawyers Rockville Centre workers can trust from Polsky, Shouldice & Rosen, P.C.
Workers’ Comp and Existing Injuries
Workers’ comp is a system designed to help anyone who is injured while working. This sounds simple enough, but there are many scenarios that can confuse people. For instance, one of the most common questions is whether an existing injury which is made worse while working will qualify. The injury was not due to work, but its’ worsening was, so which side does it fall on? This guide will answer this question. Before you assume that you are or are not eligible, call the Rockville Centre workers’ compensation lawyers.
Existing Injuries
In general, workers’ comp does cover the aggravation of existing injuries. This means if you previously injured yourself while not working, but the act of doing your job somehow made the injury worse or aggravated it in any way, you will likely receive compensation for any expenses related to its exacerbated condition.
Workers’ comp likely will not compensate you for any expenses you already had involving your injury. Instead, it only covers additional costs that were the direct result of the aggravation, such as:
- Medical bills
- Lost wages
- Miscellaneous purchases
- Loss of earning ability
Other Considerations
No matter what the circumstances surrounding your injury are, you will always need to prove that it was the result of doing your job. Most of the time, this is quite easy to prove. For example, if you cut your hand while opening a box of supplies, it is quite easy to see how the act of your doing your job directly led to the injury.
In the case of existing injuries that are simply made worse, it is much more difficult to prove that it was due to your work. The injury already existed, after all, so who is to say that your claims that it is worse are even true? You will likely need a note from a doctor to prove this aspect. It may also help to have the right workers’ comp lawyers in Rockville Centre on your side.
Secondly, it may be hard to prove that the injury was aggravated specifically by work-related activities. With existing injuries, it is less clear when the injury occurred. This is especially true if the injury is something minor, such as a hurt back from lifting heavy boxes.
You have the right to compensation if you are injured while working. If you suspect that you may be denied the compensation that you are guaranteed, you should immediately speak with a lawyer from Polsky, Shouldice & Rosen, P.C. There are legal professionals at our firm who specialize in workers’ comp cases specifically. The earlier you speak with one of our workers’ compensation lawyers in Rockville Centre, the better. If you delay too long, your claim may simply expire, meaning you no longer have the right to compensation for your injury. Call Polsky, Shouldice & Rosen, P.C. now.
Before you apply for workers’ compensation, you might want to know whether or not you are eligible and what you might be eligible for. Please read the following general information, and then call Polsky, Shouldice & Rosen, P.C., to speak with our workers’ compensation attorneys Rockville Centre workers can count on for advice.
What Kind of Workers’ Comp Benefits Are You Eligible For?
Knowing what types of worker’s compensation benefits you’re eligible for if you are injured at work is important so you can take the correct steps in the time-frame allotted by your state employer’s insurance company.
The first thing you must be sure of, is whether you are an employee or not. This may seem obvious, but depending on who you work for, you might be classified as a contractor, consultant, or freelancer. This means that they are not responsible for purchasing workers’ comp to cover you. If your employer takes taxes out of your paycheck, this is a good sign that you are an employee and they are probably required by law to carry workers’ comp. If you think that your employer is trying to save money by misclassifying you, speak with a Rockville Centre workers’ compensation attorney to determine if they are going against state laws.
Common Benefits
The most common workers’ compensation benefits include coverage for:
- Medical care
- Temporary partial disability, which covers financial loss if you can continue to work but only for fewer hours or doing an easier job temporarily
- Temporary total disability, which covers two-thirds of your regular weekly paycheck (up to a maximum) if the injury requires you to miss a certain number of workdays, which often kicks in after three to seven days
- Permanent disability, which generally provides lifetime payment based on your limitation or loss of work abilities
Benefit Exemptions
As our workers’ compensation attorneys in Rockville Centre might explain to you, there are a few categories of employees, which are exempt from required state benefits. These include people who are undocumented, seasonal, domestic workers like nannies, and agriculture workers. Being employed through a staffing agency can also affect how you would collect benefits. The agency may be required to provide coverage rather than the company you’re working for. Keep in mind that you can give up your rights to coverage if you do not report the injury to your employer by your state’s deadline.
Company Exemptions
While most companies are required by law to carry workers’ comp, each state has laws which dictate what actual size and type of businesses must purchase coverage. In some states like Alaska, California, Delaware, and Illinois, if you have one employee you must purchase insurance. In states like Alabama and Mississippi, employers do not need coverage unless they have at least five employees. Other states like Kansas require coverage if their gross payroll goes over a certain amount. There may also be other exceptions regarding part-time employees.
If you have trouble collecting benefits you rightfully deserve, be sure to collect strong evidence to support your claim and if necessary, speak with one of the workers’ compensation attorneys in Rockville Centre who can help you negotiate a fair settlement, open a lawsuit or prepare for a medical exam.
