Polsky, Shouldice & Rosen represents injured workers in New York who wish to receive full compensation for their job related injury with the assistance a Long Island on the job injury lawyer. Workers compensation is an insurance program overseen by the state that is intended to provide benefits to employees who sustain an on-the-job injury. Every state has such a program and has a federal mandate to determine the specific rules and regulations supporting workers compensation. As a Long Island on the job injury lawyer can tell you from experience, the program is far from perfect. It might be ascertained that workers’ compensation is primarily intended to protect employers rather than meet the needs of injured workers.
When an employee is injured at work, they can file a claim for workers’ compensation benefits. If they accept the benefits package offered to them, they must agree to not pursue litigation against their employer. This agreement is legally binding which means that even if the benefits are insufficient, the worker does not have an option for seeking relief. They cannot get additional benefits beyond what were offered, and they cannot sue their employer to pay them just compensation for the injury they sustained while at work.
Before you accept a workers’ compensation benefits package, contact an on the job injury lawyer in Long Island from our firm. He or she can review your case at no charge to you. In some cases, if the workers compensation insurer refuses to offer a fair settlement to the injured employee, a Long Island on the job injury lawyer from our firm can proceed with litigation against the employer. This is rarely necessary, but at Polsky, Shouldice & Rosen, we have the experience and resources to protect our clients to the full extent of the law. We fight aggressively and relentlessly. Contact us to learn more.
What if a third-party caused my workplace injury?
In cases where neither the employee nor the employer holds no responsibility for the workplace injury, and it is solely the fault of a third-party, workers compensation may not cover the employee’s damages. If your claim was denied for this reason, a Long Island on the job injury lawyer may be able to pursue compensation on your behalf from the third-party. Through a personal injury claim filed with the third-party’s liability insurer, our lawyer can possibly recover your damages.
What if my injury occurred while I was not at my workplace?
If you sustained an injury while on a work-related errand or at a work-related event, you should be covered by workers’ compensation. Should your claim be denied or the benefits package offered to you be insufficient, contact a Long Island on the job injury lawyer for a free consultation.
Another important note is that if your injury may be long term or permanent, do not accept an offer from your employer’s insurance carrier until you have first spoken with an on the job injury lawyer. You may not have the full picture insofar as your total, long term damages and while the offer may seem fair, it very likely will be far less than the damages you will incur for the length of your recovery.
To learn more about how we might assist you in recovering your damages in full, contact a Long Island on the job injury lawyer from Polsky, Shouldice & Rosen for a free consultation.
When Your Workers Compensation Claim is Denied
Every Long Island on the job injury lawyer at Polsky, Shouldice & Rosen understands that a serious workplace injury is stressful enough, but when the victim’s claim is denied, it can be overwhelming. After all, in addition to feeling pain from their injury, they may be unable to work, unable to generate an income, and no workers’ compensation benefits. That is a tragedy all the way around.
A Long Island on the job injury lawyer from our firm may be able to help you get the compensation you deserve. This is also true if you were offered benefits, but the amount is drastically less than the costs associated with your injury.
For instance, what if you need surgery? Will they cover that? Or, will you have to pay out of pocket? Give us a call to speak with one of our workers’ compensation lawyers. We will not charge you for that first consultation. Use this opportunity to learn more about your legal rights.
Regardless of the reason or reasons given for denying your claim, contact us. A knowledgeable Long Island on the job injury lawyer from our firm can review your case and the reasoning behind the denial. Every case is different, and every set of circumstances is unique. However, there are several reasons for why a claim is denied and that are very common:
1.You did not sustain the injury at work.
Is this accurate? If not, we may be able to prove that your accident occurred while on the job and you are therefore eligible for benefits. You did not necessarily have to be on the grounds of your workplace to qualify, by the way. For example, you drove your own car or a company vehicle to complete a work errand while on company time, and you were involved in a car accident. Under those circumstances, you may very well be eligible for workers’ compensation benefits. Your Long Island on the job injury lawyer can evaluate your case and discuss the legal options you may have.
2.Your injury is actually an old injury, not one that you sustained while on the job.
Even if you have a pre-existing condition, if that condition is aggravated by your job duties, the degree to which it has worsened may qualify for workers’ compensation benefits. For example, if you have an old knee injury but recently, because you must lift heavy items or bend down to perform your job, it may have become swollen and very painful. Perhaps your doctor is recommending surgery to address it. Those expenses, in addition to post-surgery physical rehabilitation and time off from work can be costly. Do not automatically pay out of pocket or live with the pain — call an on the job injury lawyer Long Island and request an appointment with one of our workers’ compensation lawyers.
3.You are not actually injured.
At Polsky, Shouldice & Rosen we are a member of a professional network that includes medical experts. On behalf of our clients we can call upon physicians to perform a medical exam and document the injuries that should qualify for workers’ compensation benefits.
What You Should Do Once Your Claim Has Been Denied
Being denied workers’ compensation can be devastating. You may have been relying on that money, and medical care, and now what? In general, if you believe you are entitled to workers’ compensation, and you were denied, calling an on the job injury lawyer in Long Island is highly recommended. At our firm we can help you to understand what options may be available. We’ll also talk with you about the appeals process and how you can navigate it with the intention of moving your claim forward so you can get the benefits you are depending on.
It is estimated that at least half of all workers’ compensation claims are initially denied. Even though injured workers are supposed to have easy access to compensation after an illness or injury on the job, rarely is the process easy. Typically, the more serious the injury is, the more likely you will be denied.
Insurance companies want to minimize claims and payouts. They utilize various tactics and often do whatever is possible to get the claimant to settle for less or even give up. We know what to expect from insurance adjusters and will be ready to fight back on your behalf.
What You Can Do After Being Denied
There are a few options you may have available to you after being denied workers’ compensation.
Informal Hearings – These are an attempt to negotiate a settlement with the insurance company. Usually a judge is present and you will need an on the job injury lawyer in Long Island. Depending on the injury sustained, you may be required to hold an informal hearing. In general, a lawyer will submit an Application for Informal Hearing with the NYC workers’ compensation board. A judge is assigned to the case and at the hearing, both sides can present evidence and raise their concerns. Sometimes multiple hearings are necessary. Finally, a judge will make a formal recommendation. This can be rejected and appealed by either side.
Formal Hearing – This is more like a trial. Each side presents evidence as well as expert witness testimony. A Claim Petition must be filed before the hearing, and you may have to wait up to six months. Like the informal hearing, evidence is presented before a judge who will issue a written decision if a settlement is not reached.
State Court – In the event you are not satisfied with the outcome of the informal or formal hearing, you can file an appeal with the New York Appellate Division of the Superior Court. The appeal can go all the way to the Supreme Court.
It cannot be stressed enough that once your workers’ compensation claim has been denied, you will want to have an on the job injury lawyer in Long Island on your side. This can make a big difference in the outcome of your case; thus, it should not be disregarded.
Workers’ compensation is supposed to cover any necessary medical costs, as well as part of your wages while you cannot work. Recovering this money can be easier said than done.
Contact us at Polsky, Shouldice & Rosen, P.C. to find out your legal options. We can build a case with the necessary documentation to prove you deserve to receive benefits. Call our office today to make an appointment with a Long Island on the job injury lawyer who may be able to help you get the compensation you deserve.
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