Long Island Work Injury Lawyers

If you have questions about workers compensation coverage, contact the Long Island work injury lawyers at Polsky, Shouldice & Rosen, P.C. Discover how our legal team may help if you’ve suffered a workplace injury.

The Long Island work injury lawyers at Polsky, Shouldice & Rosen, P.C. have assisted thousands of injury victims who were hurt on the job. Call us at (718) 587-0997, or submit our online case evaluation form to discuss your case with an experienced workers comp attorney. Below is some general information about which kinds of injuries are usually covered by workers compensation, and which are not.

Injuries Not Usually Covered by Workers Compensation

Workers compensation will cover most on-the-job injuries, but not all of them. The intention of workers compensation is to provide benefits and wages to workers injured on the job, even when the injury is caused by their own or their employer’s carelessness. When a valid claim is denied by workers compensation, it may become necessary to hire Long Island work injury lawyers to assist in recovering damages.

However, if an employee is injured due to the influence of illegal drugs or alcohol, it’s unlikely that they’ll be eligible for workers compensation for that injury. In addition, workers compensation coverage is usually not provided under any of the following circumstances:

• The injury occurred as a result of the person starting a fight in the workplace.
• The injury occurred while the employee was in the process of committing a serious crime in the workplace.
• The employee was not working on the job when they incurred the injury. There are exceptions to this, such as injuries from auto accidents while performing work errands. If this applies to you, discuss your case with work injury lawyers Long Island employees recommend under similar circumstances.
• The injury occurred while the employee was in violation of company policy.

Repetitive Motion Injuries

More than six million workplace injuries occur every year in the United States. A growing percentage of those injuries are repetitive-motion related. They are commonly referred to as any of the following:

• Repetitive stress injuries.
• Cumulative trauma disorders.
• Repeated motion injuries.

Carpal tunnel syndrome is the most common repetitive stress injury. This is because so many people in the workforce use repetitive motion all day long while typing on a computer keyboard.

When repetitive motion injuries are detected early, they can often be cured with a combination of these treatments:

• Over-the-counter anti-inflammatory medication.
• Rest of the injured area.
• Physical rehabilitation.

In extreme cases, carpal tunnel syndrome can cause permanent disability. Workers compensation covers most repetitive motion injuries that are work-related, even the most serious of cases.

Stress-Related Injuries

The American Institute for Preventative Medicine blames stress for causing almost two-thirds of physician’s office visits. Stress is also a major factor in the development of cancer and heart disease. Digestive problems due to stress are even more common.

More so than in the past, job-related stress that causes physical or mental illness is often covered by workers compensation. However, only about half of the States provide workers compensation coverage for stress-related illnesses. Regardless of whether or not stress caused by your job is covered, it is the employer’s burden to reduce that level of stress if it develops into a disability for the employee.

When a stress injury is diagnosed as a post-traumatic stress disorder, it is often covered by workers compensation. This is usually true even when the injury resulted from a one-time event. However, every case is different and should be discussed in detail with qualified work injury lawyers in Long Island.

How To Make Your Computer Workstation More Ergonomic

It is not only people who perform manual labor who get hurt on the job and require the assistance of Long Island work injury lawyers from Polsky, Shouldice, & Rosen, PC. Working at a desk can be unexpectedly physical, and it is common for people to sustain work-related injuries in clerical positions. These are often repetitive motion injuries that can be more challenging to get compensation for since they do not result from a single trauma.

Repetitive motion injuries can be painful and debilitating, but you can reduce your risk of developing them if you change your workstation to be more ergonomic, allowing you to work more efficiently without putting undue stress on your body.

Computer Monitor

The computer monitor should be in front of your keyboard at approximately eye level so you do not have to crane your neck up, down, or sideways to see it. However, if you wear bifocal lenses, it is more comfortable to look at your monitor if it is positioned approximately one to two inches lower than eye level. Staring at a computer monitor all day can cause eye strain. It helps if you position your monitor so it is approximately arm’s length away when you are sitting in your chair. Even then, you should take frequent breaks to look away for a few seconds to give your eyes a rest.

Chair

Your chair should be tall enough so that you can rest your feet flat on the floor. If it is too tall, you can use a footrest. In either case, your thighs should be parallel with the floor. If you have armrests, your elbows should rest on them gently in a way that allows you to relax your shoulders. Ideally, you should have a chair that allows you to adjust the height of the seat and the armrests. The back of your chair should support the curves of your spine to avoid an injury that requires the help of Long Island work injury lawyers.

Keyboard and Mouse

You shouldn’t have to stretch your arms to reach your computer keyboard or mouse. This can put strain on the tissues of your upper extremities. The keyboard and mouse should be within easy reach, and both should be on the same surface. You can avoid extended mouse use by learning keyboard shortcuts to use. You can avoid strain on your mouse hand by periodically switching sides.

Improving your workstation ergonomics reduces your risk of injury but does not eliminate it altogether. If you do sustain an injury despite your best efforts, the Long Island work injury lawyers at Polsky, Shouldice, & Rosen, PC may be able to help you.

Experienced Long Island Work Injury Lawyers

To discuss your workplace injury claim with one of our Long Island work injury lawyers at Polsky, Shouldice & Rosen, P.C., call us today at (718) 587-0997 for a free case review.

4 Common Misconceptions About Workers’ Compensation

As a company employee, you have probably spent your whole career hoping you would never have to file for workers’ compensation. You may have heard horror stories propagating some common myths that make your work injury case seem hopeless. The lawyers at Polsky, Shouldice, & Rosen, PC can help clear away the misconceptions that weigh on your mind.

Misconception 1: You Must Be Doing Your Job When Injured

Workers’ compensation extends beyond activities directly related to your job description. The benefits offered by your employer may extend to a broad range of incidents, such as falling down the stairs at your job site or being involved in an accident caused by another employee. Your Long Island work injury lawyers can help you determine if your injury is covered under your current workers’ compensation policy.

Misconception 2: You Could Be Fired for Filing Workers’ Compensation

The workers’ compensation benefits offered by your employer exist to protect you, and you have a legal right to tap into those benefits. As such, you are protected by law against being fired for exercising your rights to workers’ compensation. If you are under threat of being terminated as a result of a workplace incident, Long Island work injury lawyers can advocate for your position.

Misconception 3: Filing Workers’ Compensation Will Hurt Your Employer

Just as workers’ compensation acts to protect you as an employee, it also protects your employer from liability damages. In the event of a workplace injury, your employer relies upon their workers’ compensation policy to remain compliant with the law and to remain in good standing. The company will likely be just as grateful as you are for the benefits package safeguarding the interests of both parties.

Misconception 4: You Can Not Receive Benefits if Your Claim Is Denied

While your workers’ compensation case may be processed smoothly, the possibility exists that your claim will be initially denied. If this occurs, you have the right to request a hearing and appeal your case in court. The team at Polsky, Shouldice, & Rosen, PC can represent your best interests and give you a fair shot at receiving the benefits you deserve.

With some haunting misconceptions brought to light, you can contact a team of Long Island work injury lawyers and begin your workers’ compensation case with confidence. If you are entitled to benefits, you deserve the means to claim them without fear of consequence.

Six Questions To Ask Work Injury Lawyers

Being injured on the job is often an unnerving experience. This is the one place where you spend most of your waking hours, and you have the right to a safe workplace. However, people are people, and people are fallible. Whether you’re at fault for your accident or someone else is, you may need a workers’ compensation attorney. Here are some questions to ask before you hire one.

What Experience Do You Have in Handling Workers’ Compensation Cases?

You want an attorney who’s had lots of experience in handling workers’ compensation cases, especially if your case is complicated by third parties being involved or the type of injury you’ve sustained. Your Long Island Work Injury Lawyers at Polsky, Shouldice, & Rosen, PC can help you sort things out.

Do You Personally Handle Workers’ Compensation Cases?

This is important to know, because there are often junior lawyers in the firm, paralegals and secretaries who all could have a part in your case. If others are going to be working on your case, you can ask to meet them for your peace of mind.

Have You Represented Anyone With a Case Similar to Mine?

This is an indicator of how well your Long Island Work Injury Lawyers will handle your case. There will be less of a learning curve for your Polsky, Shouldice, & Rosen, PC attorney if they’ve handled similar cases to yours.

What Benefits Am I Due From Workers’ Compensation?

Workers’ compensation benefits in New York include:

• Medical coverage for all bills related to the injury
• Cash benefits for anyone who’s sustained a permanent disability
• Lost wages for anyone who’s out of work for at least seven days
• Survivor benefits in cases of fatal injuries
• Any related expenses including travel costs to and from doctors’ offices

Does It Matter If the Injury Was My Fault?

The short answer: no. Workers’ compensation is no-fault insurance, meaning that it doesn’t matter who was at fault for the accident; they’re still going to pay benefits. Some exceptions do exist, though:

• If you were under the influence of drugs or alcohol
• If you started a fight at work
• If you were committing a crime at work when the injury occurred

Your Polsky, Shouldice, & Rosen, PC Long Island Work Injury Lawyers can help you determine whether you should qualify for benefits.

Is My Case Going To Go to a Hearing? 

The vast majority of workers’ compensation cases go through the process easily, without even involving any attorneys. Those that don’t are often settled out of court. Only a few cases wind up going in front of the workers’ compensation judge.

When Do You Need to Hire a Work Injury Lawyer?

Because employers are required to carry workers compensation insurance to protect their employees, many workers believe they don’t need to hire a Long Island work injury lawyer to file a claim. If your injury is fairly minor and your employer agrees that you were injured in the workplace, you might not need legal assistance. However, if your case is more complex, it may be in your best interest to work with an experienced lawyer.

• Your Workers Compensation Claim Was Denied: Believe it or not, many workers compensation claims are denied. If your claim was recently denied, it can be devastating. However, that does not mean you have to give up. You can absolutely file an appeal. A work injury lawyer can guide you through the process and ensure you have all the needed documents to prove your case.
• Your Employer Doesn’t Believe Your Injury Occurred at Work: If your employer refuses to acknowledge that you suffered your injury in the workplace, it can be very frustrating. However, it doesn’t mean you don’t deserve to receive benefits. A work injury lawyer can help you prove that you did sustain your injury in the workplace.
• You Have a Pre-existing Condition: If you have a pre-existing health condition, your employer and insurance company may try to argue that your condition is what contributed to your injury. If you hire a Long Island work injury lawyer, he or she can help you prove that the injury you sustained at work had nothing to do with your previous condition and everything to do with your accident at work.
• Your Settlement Doesn’t Cover All Your Medical Bills: Just because your workers compensation claim was approved, doesn’t mean it will cover all your medical bills. If your settlement doesn’t cover all your medical bills, you may have to pay thousands of dollars out of your own pocket. A work injury lawyer can negotiate a settlement that covers all of your medical expenses.
• Your Boss Has Retaliated Against You: Unfortunately, some employers become angry when employees file workers compensation claims and may retaliate against them. They might reduce your hours, cut your pay or even terminate you. All of this is illegal and shouldn’t be tolerated. If your boss is treating you unfairly, you should consult a lawyer immediately.
• You Suffered a Severe Injury: If you suffered a severe injury and can’t return to work for a long time, your medical costs can get very expensive. Your employer’s insurance company may try to reduce your benefits so that they don’t have to pay the high costs. In this case, it’s crucial to work with an experienced Long Island work injury lawyer. He or she can help you obtain the long-term benefits that you deserve.

Client Review

“One of the best Law Firms around. They took my Workers Comp case and i had a pleasant experience. Whenever i called the front desk they were kind and caring. The Lawyers i dealt with were amazing. I strongly recommend them.”
Richard J. Giaime