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Construction Accident Lawyer New York

Construction Accident Lawyer New York

When Workers Comp Claims Are Denied

Construction Accident Lawyer New YorkUnfortunately, 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.

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. 

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. 

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.

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    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.

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