Workers' Compensation Lawyers Rockville Centre
At Polsky, Shouldice & Rosen, P.C. our team of Workers' Compensation Lawyers in Rockville Centre are experienced in the legalities of Workers' Compensation benefits. You may already know that workers’ compensation is coverage for individuals injured during the course of their regular job. What if the injury didn’t occur at the office? What if you were offsite, at home or on the road?
The following are some basics that should explain when you are and are not covered following an injury outside the regular jobsite.
Working From Home
The same rules apply to someone who works from home and someone who works in the office. Someone who works from home and is injured during the course of his or her job could qualify for workers’ comp, just as someone who is injured in the office. That individual would have to prove the injury occurred during the course of work.
For example, if you are a seamstress and you cut your arm while cutting out the latest job you were given by your employer, that injury would probably qualify for coverage under workers’ compensation. If you took a break from work, went in the kitchen to make yourself a sandwich and cut yourself on a knife while slicing tomatoes, you would not have workers’ comp coverage.
If you are someone who works from home and needs clarity about whether an injury qualifies for workers’ compensation benefits, then contact our Workers' Compensation Lawyers in Rockville Centre, NY for a free consultation.
Lunch Breaks
When you leave the office for your lunch break, you are leaving your workers’ comp coverage behind. For instance, if you are involved in a slip and fall accident while on your way to your favorite restaurant down the street from your office, you won’t receive coverage for the accident. If your boss asked you to pick up lunch for him while you were out, the accident may qualify because you were running an errand for your employer.
Special Company Events
Our NY Workers' Compensation Lawyers in Rockville Centre can explain how each state varies on rules regarding special company events. In some states, you receive workers’ compensation coverage from injuries sustained at special events, only if your employer required you to be there. If it is an extra activity and you can choose whether or not you participate, injuries sustained there may not qualify for coverage.
Traveling
In most cases, you aren’t covered for injuries sustained while coming from or going to work. Some exceptions may include when you’re on a business trip, driving a vehicle provided by your company or are employed as a traveling salesperson or something similar.
Understanding Workers’ Compensation
Our team of New York Workers' Compensation Lawyers in Rockville Centre can help you learn more about when you are and are not covered. When offsite and fulfilling your regular job, there are many situations in which you can receive coverage for an injury. Contact our Workers' Compensation Lawyers in Rockville Centre, New York from Polsky, Shouldice & Rosen, P.C. today to understand your rights and for help filing a claim.
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.
What You Can Do if Your Workers' Compensation Claim Has Been Denied
You rely on insurance coverage to protect you financially as you recover from an illness, injury or other medical issues. Workers' Compensation insurance is in place to pay for medical costs due to incidents that occur while you are engaged in your work duties. Like other medical insurance claims, Workers' Compensation reviews these incidents carefully. If the Workers' Compensation insurance denies your request for coverage, you aren't necessarily out of luck. However, it may benefit you to consult a Workers' Comp lawyer Rockville Centre workers can trust.
Reasons for Denial
If Workers' Compensation denies your claim, a representative should inform you of the reason. If this is not explicit, you have the right to know. There are various reasons why this may happen. One of the most common is that you did not report the injury in time. State laws require that employees inform their manager within a certain time range. Similarly, claims must be filed within the required time frame, which is usually no more than 90 days after the incident. The Workers' Compensation representative may not see sufficient evidence that your claim is valid. Or, your employer may dispute the claim because it occurred outside of normal work duties. Also, if your injury occurred because you were disregarding rules or safety regulations, you will not have coverage. If you are concerned about being denied compensation, don't hesitate to call a Rockville Centre Workers' Comp lawyer from Polsky, Shouldice & Rosen, P.C.
The Appeals Process
If you believe the denial was unfair, you may appeal the decision. When you find out about the denial, it should also be clear how you can appeal the decision. Paperwork should explain the process and what information you will need to provide to Workers' Compensation. A different insurance representative will review your case during an appeal. It may be wise to speak with your employer about your intentions to dispute the injury claim. Your manager or human resources representative may provide more insight into the denial. Your employer could also point you in the right direction.
Our Workers' Compensation Attorneys in Rockville Centre from Polsky, Shouldice & Rosen, P.C. have been dedicated to helping employees who have been injured at work. Pain and suffering is a term used in the legal world to cover physical discomfort and pain that you’ve experienced due to injuries. Negative emotions such as anger, sadness and frustration are also included in this. Basically, anything that has caused negative physical and emotional feelings is put in the category of pain and suffering. Have you had to deal with such issues? Are you wondering if these damages are covered by workers’ compensation?
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.
Workers’ Comp Damages
Workers’ compensation was designed to aid in the process of employers and injured workers coming to an agreement on damages. When a worker is injured in the course of his or her job, he or she is given coverage through workers’ compensation. This coverage pays for medical bills and lost wages. What it most often does not cover is damages for pain and suffering. In such a case, our NY Workers' Compensation Attorneys in Rockville Centre can help you pursue receiving those funds from another source.
How to Receive Compensation for Pain and Suffering
There are special circumstances in which pain and suffering could be covered under a workers’ compensation claim. For example, if someone was injured at work to the point a mental disorder was acquired, it could be considered a “compensable consequence” of the injury that happened in the first place. In that case, you may still be able to receive compensation, though it would take proper proof and the assistance from our Workers' Compensation Attorneys in Rockville Centre, NY.
If your pain and suffering does not qualify for any special circumstances, you could speak with a member of our team at Polsky, Shouldice & Rosen, P.C. about filing a lawsuit against another party that was involved in your injury. For example, if you were injured on the job during a car accident while running an errand for your boss, you could sue the responsible driver. Perhaps you hit a pothole that was already reported as dangerous and could sue the company hired by the city to repair the roads. Our Rockville Workers' Compensation Attorneys can help you discover those third parties so you know who to file a lawsuit against.
What to Do Next
If you are unsure of what to do next, it could benefit you to get in touch with our legal team. You have already suffered enough, and although you’re receiving compensation for medical bills and lost wages, you deserve to be fully compensated, even for pain and suffering. Contact our Workers' Compensation Attorneys in Rockville Centre, New York from Polsky, Shouldice & Rosen, P.C. today to get started with the process, or to have any questions answered regarding your case.
Hiring a Workers' Compensation Lawyer in Rockville Centre
The dispute process can be complicated and complex. If you are struggling to finalize your appeal case, you should speak to a lawyer that specializes in handling Workers' Compensation cases. Your lawyer will have knowledge of insurance laws and the experience of representing clients in your situation. Polsky, Shouldice & Rosen, P.C. can help you re-examine the injury and the events that caused it. With a legal expert on your side, you may be able to gather important evidence to prove that your case has merit.
You shouldn't despair if Workers' Compensation has denied your injury claim. There are avenues you can pursue to get the help you need and believe you deserve. Call a Rockville Centre Workers' Comp lawyer from Polsky, Shouldice & Rosen, P.C. now.
