Worker’s Compensation Attorney
Worker’s compensation is an insurance that provides financial help for people who are injured while at work, and this is a guaranteed insurance that your workplace must have under federal law. There are a few exceptions, such as if a business does not have enough employees, but typically if you aren’t working as a W-2 employee, then you are promised workers’ compensation.
However, these cases are commonly disputed, and the reasons why they are disputed are extremely varied from case to case. An example is that your employer might question if your injury is from work — and they may also deny that the injury occurred at all.
Because this is very common, you will require legal assistance such as a worker’s compensation attorney in Brooklyn, such as the ones that are available to you from the law firm of Polsky, Shouldice & Rosen.
It would also benefit you to better understand how workers’ compensation laws in New York State work. Each state typically establishes their own standards for workers’ compensation, as there is no federal standard for this type of injury protection insurance. An example of this is the fact that state law mandates that claims are not only for injuries that occur during workplace accidents; you can also file for workers’ compensation if you have developed a health problem because of your job. Perhaps you work in a chemical factory and now you have cancer that has been linked to the chemicals you work with, but perhaps you have asthma after working in a furniture factory for a really long time.
If you are trying to get workers’ compensation for a diagnosed occupational disease, there are some steps that you must take. Sometimes these work-related diseases are chronic, remitting, or relapsing disorders. So they may not always be active disorders, but they do always come back. Occupational illnesses are completely valid under workers’ comp law because these diseases can be prevented.
You must obtain a diagnosis that ties your disease to your workplace, so basically your physician would first conduct a physical exam and identify the disease that you are dealing with. After that they would look at your workplace, your previous workplaces, and of course, your lifestyle. This is the point where they are looking to determine all the risk factors in your life, and if one workplace has more risk factors for this disease than others, it will be taken note of. After this the physician is going to order tests that would corroborate the causation of your disease, so if your workplace has the most risk factors, they might order testing of your workplace to find evidence of the risk factors that contributed to your disorder or disease.
Your physician may also use that theology of the illness, which includes studies regarding the symptoms of identified occupational exposures, and the period between exposure and symptom onset. This basically means that your position would look at other research the other physicians and scientists of done about this disease and how it can tie to your place of work.