WORKERS COMPENSATION LAWYERS NY
If you were hurt at work, you might want to consult with workers’ compensation lawyers NY residents’ trust. Getting workers’ compensation benefits that you are eligible for is not always simple. Sometimes valid claims may get rejected, leaving you at a loss at what to do. When you are forced to miss work because of an injury, you may find it hard to stay financially secure. However, you may be able to be compensated through workers’ compensation benefits. At Polsky, Shouldice & Rosen, P.C. We have helped many injured workers like yourself get the compensation they deserve. We fight hard to protect our client’s rights and go the extra mile to help them get justice.
COMMON CAUSES OF WORK INJURIES
Many workers get injured in workplace accidents every year, as workers’ compensation lawyers in NY can confirm. Accidents in the workplace are a fairly common occurrence. Some occupations are more hazardous than others, such as ones that involve industrial work, construction, and firefighting. However, anyone can suffer an injury at work. There may be a piece of exposed wiring that causes someone to fall or a defective tool or machine. A variety of accidents can cause injuries that could warrant workers’ compensation benefits. Some of these workers walk away with minor bruising, while others suffer life-threatening injuries that could require months of treatment or even result in a permanent disability.
- Slip and Fall Accidents: Workers’ compensation lawyers NY locals respect have helped many workers who suffered a slip and fall accident. These types of accidents most often occur in employee break rooms because liquids get spilled on the floor. If they are not cleaned up in time, an unsuspecting person could slip and hurt themselves. Employees can suffer all types of injuries from slipping and falling, including concussions, bruises, and broken bones.
- Vehicle Accidents: Employees who are required to drive a vehicle on the job can get into accidents if they aren’t careful. Some employees drive a company vehicle because they need to go to different places for their job. However, if they drive recklessly or carelessly they risk getting into an accident. For example, if they are distracted or driving over the speed limit, they can crash into another vehicle and get badly hurt. These accidents can be prevented. Employees need to be properly trained to drive a vehicle before they go out on the road, especially for large vehicles such as commercial trucks.
- Hazardous Materials: Working around hazardous materials can be very dangerous if proper caution isn’t used. Before handling any hazardous materials such as chemicals, workers should carefully read instructions for proper handling so they can prevent injury. Workers’ compensation lawyers NY residents count on have seen many workers suffer burns, skin infections, and other severe injuries from hazardous materials. Employees can protect themselves by wearing eyewear, gloves, and protective clothing.
- Workplace Violence: Unfortunately, a good number of work injuries are the result of violence. This is uncommon, but physical fights at work can break out if two co-workers do not see eye to eye or do not know how to solve a problem. Each person may have vastly different approaches for resolving a conflict. Sometimes employees disagree with each other about some issues and get into fights. No matter who is right or wrong, workplace violence is unprofessional and is never acceptable. It is critical for employers to have a zero-tolerance policy for workplace violence. If you have been harmed by a co-worker at work and suffered an injury, you may be able to file a claim.
- Lifting Objects: NY workers’ compensation lawyers have represented individuals who got injured lifting an object at work. Lifting very heavy objects can result in muscle sprains and tears. An employee can suffer dislocation if they are not lifting an object correctly or if they are trying to lift an object that is too heavy for them.. If an employee is not using proper form to lift an object, they can suffer a serious injury. Before attempting to lift an object, see if there are any tools nearby for you to lift the object, such as a forklift. If an object is too heavy to lift, employees should not hesitate to ask for help.
- Toppling Objects: When supplies aren’t properly secured on shelves, they can fall and injure workers. Employees should inspect an object carefully, especially if they are located at high areas and can fall over. They should move carefully around objects that are stacked or can be easily pushed over. It is also a good idea to be wary of shelves and other things that you can hit your head on. Head injuries are a typical result of these types of workplace accidents.
- Fatigue: If an employee is under significant pressure and pushed beyond their limit to stay on top of their workload, they may become physically and mentally exhausted. Though many employees feel pressure to get minimal sleep so they can work for more hours, overwork can be dangerous. Staying mentally and physically healthy should be a top priority. Employees should make sure they are in good condition to conduct their job properly and safely. If they are too tired or sleepy, they can risk injuring themselves or another person. Getting adequate rest is essential to ensure peak job performance. Maximizing productivity is not done at the expense of sleep and solid rest. A fatigued employee may have slower reflexes and is more likely to get hurt on the job. In fact, they may be even less productive if they are too fatigued.
HIRING NY WORKERS’ COMPENSATION LAWYERS
If you are having difficulty obtaining fair compensation for a work injury, it may be in your best interest to hire one of our workers’ compensation lawyers. They may help you build a strong case and obtain the money you deserve for your injuries. Many workers’ compensation lawyers offer free initial consultations, so there is no risk of speaking to one.
If you are looking for workers’ compensation lawyers NY offers, you may want to contact Polsky, Shouldice & Rosen, P.C. at 718-875-0909.
MANAGING YOUR WORKERS’ COMPENSATION CASE
Our NY workers’ compensation lawyers at Polsky, Shouldice & Rosen, P.C. know that work-related injuries can be especially challenging. Following such an accident, you will be left to sort out how best to move forward and ensure that you receive the proper care for your injuries. Unfortunately, such an accident is sure to result in some losses that may include medical expenses, lost wages, long-lasting physical damages, emotional trauma, and more. You will want to make sure that you have experienced New York lawyers by your side for your workers’ compensation case. The best-case scenario is that everything goes smoothly and is uncomplicated when seeking workers’ compensation benefits. Unfortunately, it’s possible that your claim could be denied. Sorting out why and how to rectify your situation is best left to Polsky, Shouldice & Rosen, P.C., New York workers’ compensation lawyers you can rely on.
REASONS YOUR CLAIM MIGHT BE DENIED
Receiving a denial letter from the insurance company can send many accident victims reeling. You will be left wondering why your claim has been denied and whether there is anything that could be done. Our NY workers’ compensation lawyers are fully prepared to assist you should your claim be denied. Common reasons for denials include:
- Your employer was not notified of the injury
- Drugs or Alcohol were involved
- You received treatment from a provider who was not approved
- You did not complete the proper paperwork
- You did not seek medical care
If your workers’ compensation claim has been denied, you must have a clear understanding of your options. Call our NY workers’ compensation lawyers today to review your case and provide you with needed guidance as to what comes next. It may be possible to appeal the decision. We can help you by reviewing the denial letter and strategizing next steps. Contact Polsky, Shouldice & Rosen, P.C. to get the process started.
What Benefits Can You Receive From Workers’ Compensation?
One of the most common questions our team at Polsky, Shouldice, & Rosen, PC receives is what type of benefits workers’ compensation offers. When you get assistance from workers compensation lawyers in NY, you can apply for the full benefits you deserve.
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.
“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.”