Long Island Work Injury Attorneys

Employers and supervisors are obligated to ensure their employees’ safety while at work; if you were injured due to an unsafe workplace, Long Island work injury attorneys may be able to help. Even if your employer took measures to create a safe workplace and you were still hurt – whether via broken bones, a repetitive motion injury, or even a psychological condition – it’s possible you could have a work injury case. The Long Island work injury lawyers of Polsky, Shouldice & Rosen, P.C. can help you determine if you should pursue one for yourself.

Legally Protecting Yourself after a Work Injury

The first step you should take after an injury is reporting it to your employer. Long Island work injury attorneys can tell you that, in New York, you are required to inform your employer within 30 days of any injury or illness that occurs on the job. Not only is it a requirement; it is also helpful to you, as it helps you maintain eligibility for potential workers’ compensation benefits.

After reporting on your injury, most work injury attorneys in Long Island recommend filing a claim for workers’ compensation, or with the industrial court. This is another way to formally report your injury so your employer, your employer’s insurers, and the courts are aware of it. This helps you protect your rights as an employee.

Your Rights in a Work Injury Case

Many people ask their Long Island work injury attorneys what workers’ rights are, and how they can be protected. Generally, you should expect the following legal rights to be protected in opening a work injury case:

• The right to file a work injury claim, either in a workers’ compensation court or the industrial court in your state;
• The right to meet with a medical professional and seek treatment;
• The right to return to work, should the doctor release you to do so;
• The right to receive some form of disability benefits, should the injury render you incapable of going back to work either temporarily or permanently;
• The right to appeal the decision made by the court, insurance company, or your employer; and
• The right to legal representation.

Furthermore, when you start working with a firm of Long Island work injury attorneys, you may find that you have the right to pursue your claim without fearing retaliation from your employer. It is against the law for your supervisor to make your life at work difficult because of your injury case; if this is happening to you, knowing you have an attorney in your corner can help you navigate this situation and make it part of the claim you file.

What You Should Know About Workers’ Compensation in Long Island

The workers’ compensation process was meant to be easy and self-accessible. However, our Long Island work injury attorneys find that many people struggle to navigate the process. This is especially common when their injury is serious or otherwise complex. 

If you are in a situation that warrants the need for a workers’ compensation claim, or lawyer, you probably have many questions. The following information should help you to understand more about what you can expect. At any time, you can call our firm for legal advice and assistance. 

I need to see a doctor, but my employer is refusing to approve my claim?

If your employer is denying your claim, or otherwise ignoring it, you should find out what their reason for doing so might be. Are you an employee? Is your employer claiming your injury is unrelated to your work? Were you under the influence of drugs or alcohol at the time of your injury?

No matter what is going on, we would recommend that you consult with our Long Island work injury attorneys. The fact is that you probably need medical treatment. An attorney can listen to the details of your situation and help you to understand what you should do next. You have a right to see a doctor and should not deprive yourself of getting treatment. Having legal help might be necessary to ensure your rights are protected. 

How long will it take to get workers’ compensation?

Workers’ compensation cases are not one size fits all. Some cases are processed very quickly and others are not. The average time is 14 days, but this is general. Your case might take longer depending on the circumstances. 

I’ve been permanently disabled, now what? 

If you have been left permanently disabled after a workplace injury or illness, you should be able to recover compensation. In general, you can expect to receive about 70 percent of your salary. This money is not subjected to income taxes. These benefits are paid for 450 weeks; afterwhich, you may need to prove you still cannot work. 

How much money will I receive from workers’ compensation?

In New York, workers’ compensation pays 70 percent of your average weekly wages. The maximum amount available is $934 per week, as of 2020. These amounts are subject to change. 

How is the amount determined?

The amount you receive will be determined by adding up your earnings for the year prior to the injury, and dividing that number by 52. 

Can I get a lump sum?

In general, workers’ compensation payments are issued on a weekly basis. As a Long Island work injury attorney might explain, sometimes it is possible to get a lump some. This is usually only available when the insurance company asks you to forfeit your right to recover any further reimbursement. Before accepting a lump sum you should talk with a lawyer. 

Work with a Lawyer to Protect Your Rights

Being injured is difficult enough; you should not have to face the challenges of seeking workers’ compensation benefits or dealing with difficult employers on your own. At Polsky, Shouldice & Rosen, P.C., we are familiar with the obstacles that come to those who have been injured on the job, and can help you move beyond them to receive the compensation you need. To speak with the Long Island work injury attorneys of Polsky, Shouldice & Rosen, P.C., give us a call today at (718) 587-0997.

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