Urgent Message: PSR's Response to COVID-19, Coronavirus, and Latest in Temporary Suspension of Carrier Independent Medical Examinations

Construction Accident Lawyer New York

Construction Accident Lawyer New York

When Workers Comp Claims Are Denied

Construction Accident Lawyer New York

Unfortunately, as a construction accident lawyer New York workers trust from Polsky, Shouldice & Rosen, P.C., not all workers’ compensation claims go as smoothly as they should. It can be a long and complicated process to complete and submit a workers’ compensation claim. Even if the injuries you sustained clearly happened on the job and are severe, you may run into problems with your employer’s insurance provider or even the employer themselves. They might be reluctant or hesitant to believe that the incident happened. As a result, they may decide to reject your claim without a valid reason. However, when you receive a denial, you have the right to challenge the claims administrator’s decision. During this process of challenging the claim, it is in your best interest to seek the advice of a construction accident lawyer New York locals recommend.

Our legal team can not only help you decide if an appeal is the right way to go, but can also help you navigate the paperwork, gather evidence, and build a case that will win in court. Workers’ compensation claims can be notoriously complex. Though companies are legally required to provide workers’ compensation, obtaining approval for a claim is seldom straightforward, because the employer intentionally makes the process difficult to complete. At Polsky, Shouldice & Rosen, our attorneys have been helping injured workers file claims, appeal denials, and negotiate settlements for more than 20 years. If you need the assistance of a skilled construction accident lawyer New York victims rely on, we are available to help.

Construction Sites are Dangerous – Are You Protected?

Sadly, construction accidents happen every day – but fortunately, a construction accident lawyer in New York can help you get the compensation you deserve for your injuries.

It’s not surprise that construction accidents are so common. When you’re on the job, you’re surrounded by heavy equipment and dangerous material. You have to be suited up in protective gear, and you have to be well-trained to keep yourself as safe as possible. And even when you’re as cautious as you can be, there are still accidents that are out of your control.

If your employer has ignored your concerns about health and safety on the job, they could be held accountable for your injuries. Employers have a responsibility to keep their workers safe, and if they fail in that responsibility, they should provide care and compensation to the injured party. But construction injuries are never that simple. Read on to learn more about injuries on the job, and see how a construction accident lawyer in New York can help.

 

Physical Recovery is Only Half the Battle

Sadly, your accident is just the beginning of a very long and tiring process. You have to deal with the physical recovery of course (that’s assuming if you’re able to make a complete recovery at all) but you’re also going to be dealing with a growing pile of bills and medical expenses. Insurance should cover some – or all – of these costs, but it’s never a guarantee, and you could be kept waiting while those bills stack up, and up, and up.

And if you’re recovering from your injuries, odds are you aren’t able to clock back in every day like nothing happened. No, those doctor’s appointments and long spells of rest and recuperation prevent you from doing your work, which means lost wages for you and a major pain for your wallet. Those regular payments you had to make to stay afloat? They just got harder. Not very easy to pay off your mortgage or your utilities if you can’t get a paycheck.

When it comes to construction accidents, you need compensation. You shouldn’t expect to pay out of your own pocket when your injuries took place on the job, and could have been avoided by proper safety measures in the first place. Fortunately, you can turn to an accomplished attorney at Polsky, Shouldice & Rosen, P.C. and get the legal help you need.

 

Reach out to Polsky, Shouldice & Rosen, P.C. Today

At Polsky, Shouldice & Rosen, P.C., we know that a construction accident is the last thing you want to be dealing with when you’ve already got enough on your plate as is. Your medical care is a major hurdle that you need to be focusing on, and you can’t let yourself get bogged down by bills and lost wages when all you’re trying to do is get better so you can keep working.

You need legal assistance to get the compensation you deserve. Were your employers negligent? Did they refuse to address any concerns you had about on-site safety? Did they fail to provide adequate training? And did they fail to provide even the most basic safety equipment? It’s a challenging battle, but if you can prove they failed to honor their responsibility for your safety on the job, you and your legal team can get the justice and money you need to move on from your injuries.

Don’t hesitate. Get in touch with a construction accident lawyer in New York, and see how Polsky, Shouldice & Rosen, P.C. can help you.

Common Reasons for Claim Denials

Approved insurance claims cost everyone money. That is, they cost your employer and their insurance provider money in terms of higher insurance rates and lost profit, respectively. As such, it does not make good economic sense to accept every workers’ compensation claim without thorough analysis. Employers want to vet each claim carefully because they want to minimize their expenses. However, this often results in valid claims getting rejected, even for minor injuries. It also takes one small error or mistake for an application to get denied. Unfortunately, it does not always stop there.

A construction accident lawyer New York residents depend on knows that some employers or insurance claim adjusters will come up with any imaginable excuse for denying coverage. It may come down to a lack of trust (the employee or insurance adjuster does not believe that the injury occurred on the job), or the claim may be denied for more mundane reasons, such as an improperly filled out or signed claim. Whatever the case, you as an employee have a right to demand the reason that your claim was rejected. If the explanation is unclear or lacks substance, you can take further action. Here are some of the more common reasons why claims are denied:

Sometimes the reasons for a denied claim are vague or difficult to understand. If you believe that your valid claim was denied, speak to a workers’ compensation lawyer and they will be able to help you. If you need legal advice about the next steps you should take, it is best to take action right away because time is limited. 

What To Expect at a Workers’ Compensation Hearing

Preparing for the Hearing

Before you even get to the hearing, you’ll need to do a lot of prep work with your construction accident lawyer in New York. Polsky, Shouldice, & Rosen, PC, can help you go through these processes, such as attending mediation or pretrial conferences. In addition, we’ll help to make sure that you organize all the evidence that you want to present at your hearing. This usually includes medical records, medical bills, witness testimony, pictures of your injuries, and so on. Your lawyer will also prepare you for the hearing by coaching you through some of the most commonly asked questions.

Attending the Workers’ Compensation Hearing

Attending your hearing is when you will present your evidence to the judge. It is very important that you are on time for your hearing and that you are dressed professionally. The hearing usually lasts a few hours, but if the claim was very complicated, it may take a few days. Certain people always attend a workers’ compensation hearing, including you, your construction accident lawyer in New York, the insurance company’s lawyer, and the judge. Sometimes, other people will be in the room, including a court reporter, any witnesses, and representatives for your employer and the insurance companies. 

The Hearing Process

Several things happen during the course of your workers’ compensation hearing. First, you and the insurance company will allow the judge to see relevant documents. These may include medical records, unpaid medical bills, employment records, depositions from witnesses, evidence of lost wages, and more. 

After you present your documents, you will likely need to testify. Your testimony should include how you were injured, the symptoms and limitations you currently deal with because of the injury, what your normal job duties were, and whether you’ve tried to return to work at all. You will provide all of this information under oath. Expect to answer questions from both your lawyer and from the insurance company’s lawyer. The judge may also ask questions. 

After you testify, there may be other people who testify. Sometimes, your construction accident lawyer in New York or the insurance company may have witnesses, such as someone who saw your accident or an expert witness.   

 

construction infographic

The Judge’s Decision

Most of the time, the judge will not make a decision right away. He or she will consider all of the testimonies and documents. This could take a few days or it could take up to two months, depending on how busy the judge is. If the judge does not rule in your favor, Polsky, Shouldice, & Rosen, PC, can help you file an appeal. 

How Does a Construction Accident Lawyer Help?

At Polsky, Shouldice, & Rosen, PC, we encourage clients to get in touch with us the same week as the accident if possible. How does this help?

Answering Your Questions

It’s common for injured workers and their family members to have a lot of questions following an accident. You may wonder how long it’s going to take for you to receive compensation for medical costs. You may have questions about what type of medical treatment is covered by workers comp after construction accidents.

That’s exactly what your construction accident lawyer in New York is there for. At Polsky, Shouldice, & Rosen, PC, we answer your questions clearly and provide recommendations you can trust.

Explaining All the Available Options for Compensation

The benefits you can receive depend on the nature of your injuries and what caused the accident. In addition to filing a workers’ compensation claim, you may qualify for temporary or permanent disability payments that help you cover lost income and provide for your family.

In some cases, a construction accident lawyer in New York can file a lawsuit against a third-party business. For example, if you were injured because defective scaffolding collapsed, you can sue the company that produced the scaffolding. This type of lawsuit is possible whether the manufacturer is 100% at fault or only partly at fault for the accident.

Negotiating Fair Compensation

The people providing you with compensation often want to limit the amount of money you get as much as possible. If you don’t know your rights, you may end up losing out on compensation and benefits. A construction accident lawyer in New York can help you understand what legal rights you have as far as receiving medical treatment, paid and unpaid leave from work, and other benefits.

Helping You Avoid Mistakes

When it comes to filing lawsuits, you have to be careful with what you say in public. You never want to give the impression that you were somehow responsible for the accident. Otherwise, it can hurt your case significantly. Having an experienced attorney protects your interests. Your construction accident lawyer in New York can handle needed communications, including negotiations with insurance companies.

Another common mistake to watch out for is when you’re approached by your employer’s insurance company. You should never sign any agreements or settlements without having your lawyer look over them first. Insurers try to get you to accept a lower settlement amount when you likely qualify for much more.

Questions To Ask Prospective Workers’ Compensation Attorneys

What Is Your Opinion of My Case?

During your initial consultation with a workers compensation attorney in Brooklyn, you should ask for an evaluation of your case. An experienced lawyer can review the facts of your case quickly and give you their opinion on its worth. They should also tell you whether your case is strong or needs additional evidence, including testimony from witnesses, medical findings, etc.

If your injury occurred on the job, you should receive payments to cover your medical treatments at least. However, your attorney can fight for your lost wages, pain and suffering and other payments. These professionals also understand the Social Security disability process and can guide you through it if you are permanently, temporarily or partially disabled.

What if I Am at Fault?

If you are at least partially at fault in your injury, you may be concerned that you are not eligible for workers’ compensation benefits. However, the attorneys at Polsky, Shouldice, & Rosen, PC can tell you that fault matters in personal injury claims, but it is rarely taken into account in workers’ compensation claims. Unless you are inebriated at work or you start a fight, you shouldn’t be penalized in your claim. Your attorney guide you through the process and give you advice on what to say if you are deposed.

Who Will I Be Working With on My Case?

If you are in a free consultation with a workers compensation attorney in Brooklyn, you may think that you will work with that attorney directly. However, many firms have additional staff members that may be working on your case. For example, your attorney may ask paralegals, investigators, litigation specialists and support staff to help with your case. In addition, some firms may assign your case to junior partners or associate attorneys. Therefore, ask who will work on your case.

What Is Your Experience With Cases Like Mine?

The settlement or judgment you receive on your workers’ compensation claim may have a significant impact on your life and the lives of your family members, especially if the injury was debilitating, resulted in disability or required extensive medical treatment. Therefore, you should ask your prospective attorneys about their workers’ compensation experience. Learn whether the firm, e.g., Polsky, Shouldice, & Rosen, PC, handles primarily workers’ compensation claims and whether those who will work on your case are adept at these cases.

You should also discuss the attorney and firm’s success rate. Understand that no attorney can guarantee specific results, and those that do should be avoided, but you can expect that their success rates reflect their performance and capabilities in your case.

4 Common Form Errors to Avoid While Filing for Workers’ Compensation

When you are injured while on the job, the resulting workers’ compensation case can be a confusing process. There are many forms to fill out and sign, and your employer may want you to sign off on documents that contain agreements that you believe do not represent your best interests. Some parts of the form may contain vaguely worded language that is intentionally confusing and tricky. Before you file a workers’ compensation report, there are a few common errors you may want to know about so you can avoid them as you move through the process. A construction accident lawyer New York residents turn to can help guide you through this process.

Signing Paperwork Without Proper Guidance

Once you begin filing a workers’ compensation claim, your employer will likely provide you with the proper forms and help to guide you through filling them out. However, if he or she does not offer this assistance, you may want to take the papers to Polsky, Shouldice & Rosen, P.C., so we can ensure you fill them out properly. Missing a section or a signature line might delay your claim, so seeking help with the forms may be a wise choice. It is imperative that you understand every aspect of the form you are signing, otherwise you may find out later that you have consented to terms that you do not approve of. If you are unclear about what any part of a legally binding document means, consult a lawyer for a detailed explanation. 

Waiting too Long to Fill Out Forms 

You may not feel confident about filing workers’ compensation forms and delay the process because of that fear. You might be concerned about retaliation from your employer or other unforeseen consequences that you are not prepared to handle. However, waiting to fill out and properly sign the forms can cause your employer or the insurance company to refuse your claim. It is wise to report your injuries and sign the proper forms as soon as possible, no matter the nature of the incident. It is better to take action sooner than delay it only to find out there is not much you can do. 

Filing an Incomplete Claim

After your employer provides you with workers’ compensation forms, it can be wise to ensure all the papers are included. Thoroughly check that you have every required form you need and that they are completely filled. Some laws vary by state; however, you may want to double-check for the main reporting form, one that informs you about your rights and responsibilities regarding your claim, any forms required by your state. Missing documents may result in a delay or denial of your benefits. Errors can also result in your claim being rejected, even if they are minor mistakes like grammar mistakes or misspellings. By consulting with a lawyer from our team, we can oversee your claim filing.

Failing to File a Physician’s Request Form 

When you are injured on the job, you may be required to see a doctor of your employer’s choosing in order to receive benefits. You may be able to see a different doctor, but only if you fill out the appropriate request forms. If you see another doctor without filing, even if it is your family doctor, you may be refused benefits. These restrictions are often overlooked by people filing a claim, so make sure to double check the requirements. Consider asking your employer whether he or she has an appointed company physician and the regulations you will have to follow as part of making your claim.

Filing workers’ compensation papers can be confusing, but you may have options for receiving assistance for filling them out properly. There are available legal resources so that you can file your form correctly. Don’t rush filing your claim just to have it submitted. Have a trusted lawyer review your documents so that every part of your claim is done correctly.  Polsky, Shouldice & Rosen are construction accident lawyers New York residents trust when needing help with their case. 

If Your Claim Was Denied

While workplace fatalities have been on the decline in many states, serious injuries still occur in all too high numbers. We understand that workers’ compensation is an essential aid in getting employees like you back on your feet. Having a denied claim does not mean that you are left with no options and have to accept the rejection. You can still seek help from a qualified lawyer who has helped clients who have faced similar situations before. They may be able to appeal the claim and get you the benefits you are entitled to. If you are dealing with a denied claim, contact a skilled construction accident lawyer New York clients depend on at Polsky, Shouldice & Rosen today by dialing (718) 285-6764 for immediate help, as the deadline for making an appeal is usually very short.

The Difference Between Workers’ Compensation and Wrongful Death Claims

In rare, but tragic circumstances, you might have lost a loved one in the course of their profession or occupation. If you are the spouse or family member of someone who died while working, and they were the primary financial provider for your family, you might feel confused and unsure about what you should do next. Bills might be piling up and you are being told it is time to move on; however, you believe justice is deserved.

At this point, you might want to know what your legal options may be. In truth, you may have a few different options, but not all may be viable. The following are just some of the different avenues that you might take to recover financial recourse after a construction workplace accident that resulted in a death. If you have any further questions or would like your case to be reviewed, call a construction accident lawyer New York workers and families can rely on for help. 

Workers’ Compensation Death Benefits After an Accident

All states have workers’ compensation laws; however, they do vary by location. In the event of a workplace accident that led to a death, workers’ compensation may provide death benefits to immediate surviving family members. The amount of benefits you will receive typically depends on the number of total and partial benefits the deceased has. This will likely be determined by one of your local state departments or the workers’ compensation board. If you qualify for these benefits, and you likely will, they may be paid out on a weekly, bi-weekly, or monthly basis. There are time limits to filing for death benefits so the sooner you get started the better.

As a construction accident lawyer New York has to offer might explain to you, there are pros and cons to collecting death benefits. The primary benefit of doing so is that you will not have to show that negligence was the cause of your loved ones death. Rather, all you need to do is file a claim. The disadvantages of these benefits should also be considered. In general, if you choose to collect death benefits, you forfeit your right to file a lawsuit against the employer. The benefits will not compensate you for non-economic, or intangible, losses such as loss of partnership. Finally, many states cap death benefits which means you might only receive so much regardless of what happened. 

FAQs About Hiring a Construction Accident Attorney

When Should I Hire a Construction Accident Lawyer?

According to the U.S. Bureau of Labor Statistics, there were 129,000 nonfatal work injuries and illnesses in New York in 2020. Of those, 90,100 involved days away from work, job restriction, or transfer to another position. 

If you were unlucky enough to have been one of those 129,000 and you were in a construction accident while at work, you may be entitled to workers’ compensation benefits. If you’re one of the 90,100, you may be entitled to lost wages in addition to having your medical costs covered by your employer’s insurance company.

Unfortunately, workers’ compensation claims are often complex and difficult to navigate. As a skilled construction accident lawyer in New York, Polsky, Shouldice, & Rosen, PC can help you wade through the murky waters of workers’ compensation insurance.

How Do I Know If I Need a Construction Accident Lawyer?

If you were injured or became ill as a result of something that happened at your construction job, you may need a construction accident lawyer in New York. These injuries can include scaffolding collapse, heavy equipment malfunction, construction materials fall and accidents caused by co-workers.

At Polsky, Shouldice, & Rosen, PC, we have seen a wide variety of construction accidents. We’ve also seen the difficulties our clients face when they try to pursue workers’ compensation cases on their own. After your accident, your first step should be to seek medical care. Your second step should be to call us.

What Should I Bring When I Talk to a Construction Accident Lawyer?

Whenever you consult with a construction accident lawyer in New York, you should bring as much documentation as you have regarding your accident and resultant medical care. That documentation includes medical bills and statements from medical professionals, co-workers, or supervisors about what happened to you. 

If you have already started the claims process, or have had your claim denied by your employer, you should bring that paperwork as well. Employers are often reluctant to admit that an on-the-job injury has occurred because they don’t want to bear the increased premiums they’d have to pay if your workers’ compensation case was successful. If your company’s insurance company has denied your claim, we need those papers, too.

The more records you bring us, the better equipped we are to file, manage, settle, or bring to court your workers’ compensation case. The sooner you call a construction accident lawyer in New York such as Polsky, Shouldice, & Rosen, PC, the sooner your post-accident life can move on.

Wrongful Death Cases

In general, when an employee is injured at work, they will not be able to file a claim or lawsuit against the employer because workers’ compensation insurance is available. However, if someone dies while working, the family members may be able to file a wrongful death claim. To do so, they should retain a construction accident lawyer in New York who can demonstrate:

As your construction accident lawyer New York clients trust may tell you, the advantages of filing a wrongful death claim are many with the primary one being that the family will likely recover more compensation than they would through death benefits. They can also seek damages for intangible losses and there may be no caps or higher maximum caps. Also, if gross negligence or malicious intent was a factor, a wrongful death lawyer may seek punitive damages. The main disadvantage of a wrongful death case is they can take a long time before a settlement is reached. 

As you might see, there are advantages and disadvantages to both death benefits and wrongful death cases. Before you pursue either one, it may be in your best interest to ask a member of our team to listen to what happened and help you to understand what may be your best option.

Steps to Take After a Construction Site Accident 

Most people are aware that construction industry jobs are some of the most dangerous in this country, accounting for thousands of workers suffering catastrophic and fatal injuries each year. One of the reasons for this danger is that the very factors that are critical for the successful production of the project are the very things that present the most dangers, such as dangerous equipment, electricity, and potentially hazardous materials.

According to statistics from the Centers for Disease Control (CDC), there are more than 1,000 workers killed each year on construction sites and more than 350,000 injured. This despite numerous federal and state safety regulations put in place to help protect the safety of construction site workers. These guidelines include the safety measures employers should have in place for accident prevention, like using protective equipment and training.

These guidelines also include what steps a worker should take if they have been injured. These steps are meant to help protect the worker’s legal rights as well as their safety. When a worker is injured on the job, state law says that worker is entitled to workers’ compensation benefits. In order to ensure that their medical expenses are covered, as well as compensation for the loss of wages, a construction accident lawyer New York residents trust may suggest taking the following steps:

Another critical step an injured worker should take is to contact a seasoned construction accident law firm near you to find out what legal action you may need to take in order to get the financial compensation you deserve. Call Polsky, Shouldice & Rosen, P.C. today to speak with a construction accident lawyer New York residents turn to for dependable and quality legal services. 

Common Myths About Construction Accidents

The construction industry is certainly lucrative, but it is also one of the most dangerous industries to work in. Workers can suffer serious injuries if the proper precautions are not taken. Here are some common myths about construction accidents.

OSHA Violations and Workers Compensation

What is OSHA?

OSHA codes can range from minor to extremely hazardous and each of the six categories of OSHA violations has a recommended or mandatory penalty. OSHA inspections of businesses and work sites can be triggered by employee safety complaints. OSHA enforces workplace safety in the United States.

OSHA Violations

Willful

An example of a serious violation would be if the employer did not implement adequate safety procedures for equipment that had caused prior crushing injuries. A documented willful violation may be used against an employer when an injured worker is seeking workers compensation. Willful violations are the most serious because they show disregard for employee health and safety.

Serious

OSHA issues a serious violation when an employer knows of or should know of a situation that has a chance of causing serious injury or death, but does not remedy it. OSHA fines are assessed by inspectors, but they can adjust penalties based on the seriousness of each particular violation, as well as the employer’s history, size of business, and employer’s good-faith. An example of a serious violation is that employees must wear PPE such as hardhats when a fall debris hazard is present. A documented serious violation may be used against an employer when an worker injured in a construction accident is seeking compensation for their losses.

Other-than-Serious

There are large fines for Other-than-serious violations, but inspectors can choose not to impose a fine. Inspectors make decisions about penalties based on factors such as the size of the business. Failure to provide copies of safety regulations and failure to post required documentation in work areas are considered other-than- serious OSHA violations. Other-than-serious violations should be available for reference by the one who was injured, and their workers compensation attorney for use in legal proceedings.

Repeated Violation 

In the event an employer is cited for a particular violation and a subsequent inspection shows a similar violation, OSHA may cite an employer for a repeat violation. There is a maximum fine for repeated violation. An inspector cannot consider a violation of the same type to be a repeat violation if the employer contests the original violation. A repeated documented violation may be used against an employer when an injured construction worker seeks compensation.

De Minimis

For example, when the distance between rungs exceeds the distance stated in OSHA regulations a de minimis violation can be filed against an employer. A de minimis violation is a technical violation of OSHA rules that have no direct impact on health or safety. A de minimis violation may still create a hazardous condition which leads to an injury. A documented repeated violation can be used against an employer when an injured construction worker is seeking compensation.

Failure to abate

If the employer doesn’t remedy the condition before the specified date, it will be liable for a large fine per day from the day after. Failure to abate means that the employer failed to take corrective action following a prior documented violation. Failure to abate violations should be available for reference by injured construction workers, and their construction accident attorney for use in legal proceedings.

Call Polsky, Shouldice & Rosen, P.C. today to speak with a construction accident lawyer New York residents turn to for dependable and quality legal services.

Contact Us

    Testimonials

    Nobody does it better than this firm. Mark and his team truly feel YOU MATTER and make sure all is done correctly ASAP. Follow ups, call backs, you get treated RESPECTFULLY right from the start.
    Kevin
    I had a case with Adam Rosen, of Polsky, Shouldice and Rosen. From the beginning they treated me right and answered all of my questions. They handled my case great and got me a nice settlement for my injuries. I would tell anyone to use them.
    Ira

    Call Polsky, Shouldice & Rosen, PC at (718) 285-6764