Workplace Injury Information from Long Island Workplace Injury Lawyers
Polsky, Shouldice & Rosen are Long Island workplace injury lawyers with more than 20 years of experience. Our attorneys have helped many injured workers win settlements and lawsuits against employers and contractors. We are proud to have helped so many victims of workplace injuries reclaim their lives and pay their medical bills as well as other costs.
Not every worker realizes when an injury qualifies for workers compensation; and while there is no substitution for discussing your specific situation with a Long Island workplace injury lawyer, below are a few common injuries that may help you determine whether or not your claim is deserving of compensation.
Five Common Workplace Injuries
1. Falls, slips, and trips. These are some of the most common type of injuries reported by Long Island workplace injury lawyers. They can happen virtually anywhere and in any industry or work environment. Essentially, these kinds of claims are generally based on the assumption that the property owner or other involved party was negligent in allowing dangerous conditions to cause your accident.
2. Falling objects related injuries. Long Island workplace injury lawyers, including Polsky, Shouldice & Rosen, commonly see this kind of injury with construction/industrial related occupations; however, employees of all industries have rights entitling them to workers compensation should this kind of injury occur.
3. Roadway collisions, vehicle accidents, and pedestrian accidents. These types of workplace injuries are not limited to commercial drivers. Did you know that if you are driving your own vehicle and have an accident while running work-related errands or driving to or from a work meeting that this may qualify as a workplace injury?
4. Exposure to harmful substances or environments. Examples include inhalation of a harmful substance, exposure to high-voltage electricity, and exposure to extreme temperatures. Long Island workplace injury lawyers may be able to help you determine if the kind of environment you’ve been exposed to justifies a workers compensation claim.
5. Equipment Malfunctions. It is the responsibility of your employer to make sure your workplace equipment is serviced regularly and properly functioning at all times. If you’ve been injured by a malfunctioning piece of equipment, you may be entitled to workers compensation.
Mental-Mental Workers’ Compensation Claims
There are three forms of workers’ comp claims that be made by employees to recover expenses for psychological illness. Physical-mental refers to a physical illness that then lead to a mental illness, such as a work-related back injury eventually leading to depression. Mental-physical is when a mental illness, such as anxiety, causes a physical illness, such as high blood pressure.
Mental-mental circumstances may be the most difficult to prove in workers’ compensation claims, and some state legislatures do not allow them entirely. It is possible though, especially for claims of work-related incidents resulting in Post Traumatic Stress Disorder (PTSD) or anxiety disorders. This type of workers’ comp claim is when a psychological stimulus in the workplace directly leads to mental health issues of the employee.
The employee must prove that the event was both traumatic and unusual for their particular line of work. For example, a teacher may suffer from PTSD following a school shooting, and may be compensated for their emotional suffering and anxiety following the incident. This would be considered unusual for a teacher’s line of work, though.
A firefighter that suffers from PTSD from an incident that occured while controlling a house fire may have a harder time getting compensated, since the government (firefighting is generally a government-funded occupation) could argue that it is one of the duties of a firefighter to both extinguish fires and aide in saving the lives of those trapped in the fire. The government in this case is stating that although the incident was traumatic for the firefighter, it is not atypical, and therefore it may be more difficult for the firefighter to receive workers’ comp for PTSD.
Although it may be harder to prove to skeptical insurance companies of the psychological injuries sustained from a traumatic work-related incident, it is not impossible. To have a successful case for workers’ comp for mental-mental cases such as PTSD, one should seek immediate treatment from a psychiatrist or other licensed mental health professional. The licensed medical professional should document the severity of the psychological illness and give a written and signed report of all mental health history to the insurance company.
Statements from any co-workers, family, or friends regarding previous mental health state and current state may also be beneficial for the workers’ comp case. Investigators specializing in workers’ comp fraud will look closely at the case at-hand, and will try to prove that the psychological condition in question was pre-existing. To do so, the investigators may look into the employee’s criminal records, credit reports, and any mental health records. If they succeed in proving that the mental health condition was present in the employee before the traumatic incident, then the workers’ comp will not be awarded.
If workers’ comp is granted to the employee for a mental-mental condition, such as PTSD, it may be either temporary or permanent. Depending on whether the employee in question is able to ever return to the job will be taken into consideration when awarding benefits. Permanent benefits may be harder to win, as the mental health conditions must be assessed by the permanent disability rating system. Compensation awarded for claims of psychological distress due to work-related incidents will most likely be temporary.
For example, the workers’ comp may pay for the psychiatric treatment and medical expenses of the employee while he or she takes temporary time off. Workers’ comp benefits will likely be terminated once the employee is deemed psychologically stable enough to return to the workplace.
Contact Our Long Island Workplace Injury Lawyers
A workplace injury can be not only painful, but also stressful. It can affect your ability to do your job, rack up high medical bills and require long term rehabilitation. Our workplace injury lawyers may be able to help you. Our knowledgeable legal staff is highly experienced with helping clients obtain the highest possible workers’ compensation payments specific to their claim.
Call us today for a free case evaluation. It’s confidential and it will not cost you anything. Polsky, Shouldice & Rosen are the Long Island workplace injury lawyers you can trust to guide you through the workers’ compensation process.