Nassau County Work Injury Lawyer
Although most employers do their best to ensure a safe working environment, accidents can still happen. That’s why employers are required by law to carry workers’ compensation insurance for their workers. However, as a Nassau County work injury lawyer can confirm, these benefits aren’t usually something people think about until they need them. It’s important to know the ins and outs about workers’ compensation insurance should you ever need them.
Common Myths About Workers’ Compensation
- You Don’t Qualify for Benefits if the Injury Was Your Fault The good news is that fault isn’t a factor in workers’ compensation cases. If you sustained an injury because of inexperience or inattentiveness, a Nassau County work injury lawyer can still help you receive benefits. However, if you were under the influence of drugs or alcohol when you got injured, it will be more difficult to qualify for benefits.
- I Can Wait to See If I Get Better Before Filing a Claim If your injury doesn’t seem too bad at first, you might be tempted to see if your injury just heals by itself. However, a Nassau County work injury lawyer would advise you against doing that. You only have 30 days to report an injury to your employer. After that deadline passes, you will no longer be eligible for benefits.
- Workers’ Compensation Covers All Costs Related to an Injury This is unfortunately not true. Workers’ compensation doesn’t cover all damages that result from a work injury, including pain and suffering damage. If you would like to receive compensation for that, you would need to file a separate negligence lawsuit.
- You Need to Be on the Jobsite When You Get Injured You actually don’t have to be on the jobsite during your injury. As long as you were tending to your work duties when you got hurt, you’re eligible for workers’ compensation. For example, if you drive as part of your job, the injuries you suffer in a car accident will be eligible for workers’ compensation.
- You Could Be Fired for Filing for Workers’ Compensation The law makes it illegal for any employer to fire an employee for filing for workers’ compensation benefits. However, if your employer is still threatening to fire you or cut your pay, you should speak to a Nassau County work injury lawyer.
- If I’m an Independent Contractor, I’m Not Eligible for Workers’ Compensation This isn’t necessarily true. If you’re an independent contractor, there are times when you are eligible to receive benefits and other times you are not. It’s important to find out what the conditions of your employment and eligibility requirements are.
- You Must Go to the Insurance Company’s Doctor Your employer’s insurance company will have you visit their doctor first for your injury. However, if you’re not satisfied with the doctor, you’re free to seek an outside opinion.
If you were injured at work, you should contact a Nassau County work injury lawyer at Polsky, Shouldice & Rosen, P.C. today.
Signs You Need a Work Injury Attorney
If you were recently injured at work, you may wonder if you should hire a Nassau County work injury attorney or not. If your case is fairly straightforward and your employer agrees that the injury occurred at work, you may be able to handle the case on your own. On the other hand, if there are complexities in your case, it may be necessary to work with an attorney.
Here are a few signs that you need a work injury attorney.
Your Employer Has Rejected Your Claim
Not all workers’ compensation claims get approved initially. If your employer has rejected your claim, it can be very disheartening. However, that doesn’t mean you have to give up. You can file an appeal with the help of a work injury attorney. Your attorney can determine why your claim was denied in the first place and improve your chances of getting your claim approved the second time around.
The Settlement Doesn’t Cover All Your Medical Bills and Lost Wages
A workers compensation settlement should cover all of the medical bills and lost wages that resulted from your work injury. Some insurance companies, however, will do whatever it takes to lower how much they owe you for your claim. If your settlement offer won’t pay for all of your losses, it may be time to get a work injury lawyer involved.
You Have a Third-Party Claim
If a third-party is responsible for your work injury, you may be able to file a civil lawsuit and obtain additional compensation. For instance, if you drive a vehicle for work and another motorist hits your vehicle, you can sue the person for your damages. A work injury attorney can help you file a timely lawsuit against the third-party.
You Suffered a Disability
If your work injury is severe enough to render you permanently disabled, you may never be able to work. In this situation, you may be eligible to receive higher payments. However, these payments are more expensive for insurance companies, so they may try to fight your claim. It’s necessary to have an experienced work injury lawyer on your side.
Your Employer Retaliated Against You
While it’s completely within your right to file a workers’ compensation claim for a work-related injury, some employers may retaliate. If your employer has demoted you, cut your pay or fired you after you filed a claim, contact a work injury lawyer.
Common Mistakes to Avoid When Filing a Workers’ Compensation Claim
If you suffered an injury at work, you have the right to pursue a workers’ compensation claim. However, you may unknowingly make mistakes during the process that may jeopardize your case. Here are some common mistakes to avoid when filing a workers’ compensation claim.
- Neglecting to report your injury to your employer. In New York, you’re required to report a work injury to your employer within 30 days of the accident. If you don’t notify your employer soon enough, you may not be eligible to receive benefits.
- Not seeing a doctor immediately. Some people who get injured at work may try to see if they’ll get better before they seek medical care. This is a big mistake. If you delay medical care, you could put your health at risk. You could also give your employer’s insurance company a reason to deny your claim.
- Doing physical activity too soon. While you may be anxious to resume your normal routine, you shouldn’t do so before your doctor gives you the go ahead. If you start exercising too soon, for example, you could delay your recovery. Your employer’s insurance company will also frown upon you not following your doctor’s instructions.
- Refusing work offered by your employer. As your condition improves, your employer may offer you lighter duty at work. If your doctor approves, it’s important for you to accept your employer’s offer. If you refuse work, your benefits may end.
- Returning to work too soon. You also shouldn’t go back to work before your doctor says you’re ready. If you return to work prematurely, you risk reinjuring yourself.
- Only seeking workers’ compensation benefits. If someone besides your employer is liable for your work injury, you may be entitled to additional compensation. For instance, if you drive a vehicle for work and were in a car accident caused by another driver, you may be able to file a personal injury claim against that driver.
- Attempting to handle your workers’ compensation claim alone. If you’re trying to get fair compensation for your work injury, it’s in your best interest to hire an experienced Nassau County work injury lawyer. A lawyer will negotiate with your employer’s insurance company and ensure that you get the benefits that you’re entitled to. Hiring a lawyer doesn’t cost you anything out of your own pocket, as he or she will get paid a percentage of your recovery.