Nassau County Workers Comp Lawyer

Nassau County Workers Comp Lawyer

If your workers’ comp claim has been denied, it may be in your best interest to contact a Nassau County workers’ comp lawyer you can depend on at Polsky, Shouldice & Rosen, P.C. A worker’s compensation claim can be denied for a number of reasons. When faced with a workers’ compensation denial, it’s important that you act quickly in order to receive the compensation that you may be due. 

Work with a Nassau County Workers’ Comp Lawyer

Following a denial, it may be in your best interest to reach out to your workers’ comp lawyer at Polsky, Shouldice & Rosen, P.C.. They will be able to review your denial letter and determine the reason for the denial. In some cases, there may be a fairly simple resolution to the problem. When an accident victim has not obtained a lawyer, and has received a denial letter, there is a high probability that they will stop pursuing their case, believing that all hope is lost. However, this may not be the case, your Nassau County workers’ comp lawyer can help you to persevere in efforts to obtain the benefits that you are deserving of.  

Discuss With Your Employer or Insurance Company

In some cases, worker’s compensation claims are denied due to simple administrative problems. Your first step should be to talk to your employer or their worker’s compensation insurance company to find out why the claim was denied. Sometimes the matter can be resolved that way, but be alert to any attempts to talk you into accepting an inadequate settlement. With a Nassau County workers’ comp lawyer, you can leave the negotiating the them. They will be able to contact your employer or the insurance company for you to determine the most appropriate course of action. 

Who Qualifies for Workers’ Compensation?

Employees must be able to show their injury or illness was acquired during the course of their job. Whether that employee works from home, the office or on the road, they could qualify as long as their injury or illness was directly a work-related incident. Additionally, it doesn’t matter if the accident was caused by a customer, coworker, the employer or the employee. With the no-fault system, the employee may still be covered. Despite this, accessing benefits may be a complicated process, making it essential that you contact a Nassau County workers’ comp attorney so that your rights are protected. 

Exceptions to the Rule

There are some workplace injuries that are not covered by workers’ compensation. If you fall into one or more of these categories, you may need to speak with a Nassau County workers’ comp attorney to review your options as you may not be eligible to receive benefits.

1. Violating company policy – If you have been disciplined time and time again for being in direct violation of a certain company policy, and that violation caused your injury, you may not be able to gain access to workers’ compensation. This could include showing up to work under the influence of drugs or alcohol. 
2. Committing a crime – Your Nassau County workers’ comp attorney wants you to know that if your injury was sustained while you were clearing out the safe without your employer’s knowledge, you would not have protection from workers’ compensation. Committing other crimes at work may also impact your right to workers’ comp. In fact, you may need to contact a lawyer for other reasons. 
3. Self-inflicting injury – If your injury was self-inflicted, workers’ compensation would not be an option. This could include a situation in which you started a fight with another employee or customer.
4. Taking a break – If you are on a break and decide to run some personal errands around town, an injury sustained during that time would not be in direct relation to your job and therefore not eligible for benefits.

Benefits Included With Workers’ Compensation

Working with a Nassau County workers’ comp attorney that you can turn to can help to ensure that you obtain the full benefits provided through workers’ compensation. Receiving worker’s compensation benefits means you’ll be given a payout for lost wages and medical expenses. You may have time off for the initial injury, as well as for recovery and follow up. All of that time spent away from work will typically be covered. In most cases, you’ll receive a portion of your wages. If your injury or illness is long-term, there are some additional benefits you could receive.

What Kind of Additional Training Can a Construction Worker Receive?

Safety is one of the most important things in a workplace, especially a workplace such as construction. OSHA, or Occupational Safety and Health Administration, has been around since 1970 and they offer safety guidelines for all business, not just construction work. However, they do lay special instructions for construction work, to keep everyone safe. 

Some safety training that OSHA has put together for construction work, as as follows:

• Aerial boom lift safety
• Arc flash safety
• Chemical hazards safety
• Toxic substance safety
• Construction asbestos safety
• Construction electrical safety
• Construction fall protection
• Nail gun safety
• Crane, Derick, and hoist safety
• Ladder and stairway protection
• Slips, trips and falls
• Trenching safety
• Excavation safety
• Workplace first aid

You can access their many manuals and receive certification for said safety lessons, and you can encourage your entire workplace to do the same.

What Kind of Injuries Might a Construction Worker Suffer?

Every job has injuries and accidents that are commonplace, but some jobs, such as construction work, are more prone to accidents and injuries to occur on worksites. There is heavy machinery, heights on scaffolding, or even being underground in trenches. There are dangerous power tools and other equipment. Any of these things can cause injuries despite safety measures being in place. 

Some of the most common construction injuries are:

• Falls
• Electrocutions
• Falling objects
• Getting crushed
• Getting run over
• Burns
• Back injuries
• Repetitive motion injuries
• Exposure to toxic and hazardous substances

Some of the most common ways these injuries can happen typically involve some kind of machinery or accidents because of the type of work being done. A worker might fall from a building, scaffolding, or even from a piece of machinery such as a crane. A trench may collapse on workers, and cut their air supply off, burying them alive or leaving them with crush injuries. 

While OSHA has strict rules that must be adhered too, there can still be issues. Because construction workers work with machines, they could easily receive electric shocks from generators, power tools, and even wiring. 

Of course, not everything is preventable, but sometimes workers may be injured because of negligence to follow the rules–such as not wearing your hardhat while you’re working. 

How a Workers’ Comp Attorney in Nassau County Can Help if You Were Injured on The Job!

If you suffered an injury on the job, you may be entitled to workers’ compensation benefits. These benefits can pay for your medical bills, lost wages and other damages you suffered from the accident. It’s important to consult with a workers’ compensation lawyer about your case as soon as possible. They can help you file a timely claim and protect your legal rights.For more information, contact a Nassau County workers’ comp attorney from Polsky, Shouldice & Rosen, PC now!

A Nassau County workers’ comp attorney can help you determine whether to file for workers’ compensation, or third-party liability claim. You may even be instructed to file for both. However, reaching out to a lawyer from Polsky, Shouldice & Rosen, PC to be certain. Your lawyer can also deal with the workers’ compensation insurer, especially if your bills are not being taken care of. That’s why you want someone on your side, who knows how to speak to an insurer. 

Your lawyer will also gather evidence to prove your eligibility for compensation or third-party lawsuit. They’ll keep your claim moving forward, and never let it stall, they’ll even help you negotiate a settlement if there is a dispute over what benefits you deserve. Reach out to a Nassau County workers’ comp attorney from Polsky, Shouldice & Rosen, PC today to ensure you’re doing everything right to receive the most benefits.

Common Reasons for Claim Denials

There are a few categories that denials usually fall into. They usually have to do with timeliness of filing claims, questions about your behavior leading up to an injury, and questions about whether an injury happened on the job. Sometimes, a claim may be denied because you failed to file your workers’ comp claim on time. The longer you take to file a claim, the more difficult it will be to establish the circumstances surrounding the incident that led to your injury.

Working with a Nassau County workers’ compensation lawyer will be essential as they are equipped with the knowledge needed regarding New York state laws. 

While worker’s compensation laws are designed to avoid determining “fault” with respect to a situation that led to an injury, there is an exception. Just as your employer could be sued outside of worker’s compensation if he or she was grossly negligent, you can be denied your claim if you were engaged in unsafe behavior or under the influence of drugs or alcohol. 

Questions about whether an injury happened on the job can seem simple enough to answer, but can quickly become complicated, especially when performing job duties off site. If your claim has been denied, you should contact a Nassau County workers’ comp lawyer with experience in this area of practice. 

File An Appeal

If your employer and their insurance company doesn’t approve your claim, you may have to file an appeal. The process will usually require a judicial hearing. When enduring the appeals process, the procedure can be incredibly complex, making the representation of a Nassau County workers’ comp lawyer essential to your case. 

Make sure your rights are protected in the event your worker’s compensation claim is denied. Contact Polsky, Shouldice & Rosen, P.C., a Nassau County workers’ comp lawyer that can discuss your options with you.

Anyone who has been injured because of the work environment or job-related task, can rely on the knowledge of a Nassau County workers’ comp lawyer from Polsky, Shouldice & Rosen, PC. We have been committed to supporting employees who have sustained serious injuries while on the job for many years. Injured workers may be able to pursue workers’ compensation benefits so they can get the care they need without having to spend money out of their own pocket. It is imperative that you get legal help during this time to improve your chances of a claim approval.

When clients meet with us about their injuries, they often need insight into how to handle their workers’ compensation injury claim. A workers’ comp lawyer in Nassau County, New York has listed several tips, so those impacted by work injuries can feel empowered to take action:

Reporting the Accident Without Delay

If an employee fails to report the accident that led to the injury promptly, he or she may be risking a workers’ compensation claim denial. In the eyes of your employer’s insurance company, any delay in notifying the company and seeking medical care may be viewed as you stating your injuries weren’t really that serious after all. Or, the insurance company may try to cast doubt that your injuries were in fact work related.

Abiding By Doctor’s Physical Restrictions

If you were seen by a doctor for your injuries and he or she deemed you unable to perform certain duties, it is of immense importance to abide by these instructions. If you are seen straying from these limitations, your claim may be abruptly denied. A Nassau County workers’ comp lawyer understands that you may be feeling pressure from coworkers or your boss to get back to your normal job duties quickly. Please contact us right away if you are feeling pressure from your supervisor specifically, as this type of behavior may be unlawful.

Only Return to Work Once You are Fully Recovered

Be aware that at any time, the employer-assigned doctor may deem you fit to return to work at full capacity. But, if you still are experiencing symptoms related to your injuries, you can appeal this decision. A workers’ comp lawyer Nassau County relies on from Polsky, Shouldice & Rosen, PC may suggest that a great way to show proof that you may not be ready to jump back into work again is by getting a second opinion from your personal doctor.

Depending on the laws that apply for your state, visiting your own doctor for treatment instead of the employer-assigned physician may be an option for you from the very beginning. Your own doctor is more likely to have your best of interest in mind versus a doctor being paid directly by your employer. 

Which Work-Related Injuries Are Covered by Workers’ Compensation?

When it comes to workers’ compensation, it may not be as cut and dry as you think. It’s true that most work-related injuries are covered by this type of insurance, but not every injury is. If you were injured at work, it’s important you speak with a Nassau County workers’ comp lawyer to determine whether you should be receiving benefits.

Work-Related Injuries That Qualify

To qualify for workers’ compensation, your injury must meet certain qualifications. These requirements apply to employees who work on-site, from home, or on the road. They include the following:

• Your injury must have occurred during the course of your job.
• You must be an actual employee of the company. Independent contractors, seasonal employees, loaned employees, and domestic workers do not qualify in most states.
• Your employer must carry workers’ compensation insurance.

Each state has different laws regarding workers’ comp, so it’s a good idea to speak with a Nassau County workers’ comp lawyer about the laws that govern your situation.

Work-Related Injuries That May Not Qualify

There are some situations in which an employee is injured while working, yet he or she is not given the benefits of workers’ compensation. These situations include the following:

• If a worker shows up to work drunk or otherwise intoxicated and causes his or her own injury.
• If the employee was acting in complete disregard for company policy and was injured as a result.
• If the injury was self-inflicted. This could include an injury caused by starting a fight with another individual.
• If the employee left the workplace during a break and was injured off-site while not on the job.
• If the worker was involved in horseplay, that caused the injury, especially if he or she had been disciplined for it in the past.

There are some exceptions to the rule. For example, if an employee leaves the office for lunch and is also tasked with picking up some files across town while he or she is out, an injury during that lunch break could qualify for workers’ compensation. This is because of the work-related duty of picking up files. Consult with a Nassau County workers’ comp lawyer to review the full details of your case and understand what recourse you may be able to seek.

What Is Light Duty?

Light duty is most often referred for people who have to go into treatment, or cannot return to work at full capacity. You’re given a position that requires less demanding than your previous position. This position can be permanent or temporary. Reach out to a lawyer from Polsky, Shouldice & Rosen, PC to learn more about light duty, and how it can affect your workers’ compensation.

Some Examples of Light Duty

Light duty jobs may consist of doing less physical labor, working slower, working shorter hours, or otherwise exempt from certain parts of a job. Some common examples of jobs that are considered light duty are:

• Taking inventory
• Administrative tasks
• Supervisory roles
• Working behind a desk
• Monitoring security

How Does Light Duty Affect Workers’ Comp?

You’re right to ask this question, because light duty can affect your workers’ compensation. Specifically, it can affect your benefits received. Here are just a few ways that light duty can affect your compensation:

• If you make the same amount, or more than before your injury while on light duty, you will not receive payments for lost wages. 
• If you make less money than you made prior to your injuries, you will receive lost wages but it will be a partial disability. 

So, for example, if you were injured while working a manual labor job and you went on workers’ compensation, and were given a desk job, you might make more money than before you were hurt. If this happens, you will no longer draw lost wage payments. 

In the same vein, if you take a desk job after an injury and are making less money than you did prior, your lost wage payments continue as partial disability benefits. 

Do I Have to Take Light Duty Jobs?

No, not at all. Light duty, or modified duty jobs are offered to injured workers, but if you are offered one, you do not have to accept it. You may receive a date that your company needs an answer by, but you should know that refusing to accept a light position could hurt your workers’ compensation benefits. Your best bet, if you are hesitant to accept a light duty position, is to reach out to a Nassau County workers comp lawyer from Polsky, Shouldice & Rosen, PC. 

Your company may seek to terminate you, for refusing a light duty position. That is their legal right, but an experienced Nassau County workers’ comp lawyer can better help you understand the workers’ compensation process, and what your next steps should be. 

You may not want to accept a light duty job that exceeds the restrictions set by your physician, as that can cause further issues down the line with your workers’ comp. And, of course, if your employer does not have a position you can do under your doctors’ restrictions, then you will receive your workers’ compensation benefits, regardless. Remember, a lawyer from a firm, such as Polsky, Shouldice & Rosen, PC, is the best person to help you through understanding workers’ compensation and light duty.

If you’ve been injured at work, you may benefit from legal assistance provided by our aggressive Nassau County workplace injury lawyers from Polsky, Shouldice & Rosen. Our legal team can help make sure you receive all the benefits to which you are entitled under the laws of New York and the federal government. Our Nassau County workplace injury lawyers have more than two decades of legal experience fighting for the rights of injured workers. We use all available resources to get our clients the compensation and benefits they deserve.

What to Do If You Have Been Injured

If you have sustained a work injury or have developed an illness or condition that is work-related, report the situation as soon as possible to your supervisor or manager. Also make sure you follow all of the protocols and procedures your company has in place for work injuries.

Under New York Workers Compensation Law, your employer is required to cover all reasonable medical expenses associated with your injury. They are also required to provide weekly cash benefits that are a percentage of your usual weekly salary. The majority of employers have workers’ compensation insurance which includes these benefits.

Protect Your Rights

Regardless of the injury you have sustained, it may be in your best interest to contact one of our Nassau County workplace injury lawyers from Polsky, Shouldice & Rosen to discuss your case. Many employers and/or insurance carriers make various attempts to pressure injured workers to drop their claims. Or, they may accuse the worker of lying and claim the injury never happened, or that it happened after work hours which would waive any employer liability. One of our attorneys can present a strong case on your behalf to protect your rights.

During Your Recovery Process

There are many work injury cases where the employee eventually heals and can go back to work, however, that is not always possible. While the worker is totally unable to work, they should receive benefits. During the recovery process, a physician may allow the worker to go back to work under stringent restrictions. Your lawyer can make sure that your employer makes any necessary accommodations for your return or provides another position until you are physically capable of going back to your prior position.

There are also many other cases where the injury or illness is so serious that the worker can never return to their prior position or they are unable to work at all. In these cases, Nassau County workplace injury lawyers may be able to help the injured worker obtain a financial settlement to compensate for their losses.

Hiring a Lawyer for Assistance

If you’ve been injured at work, you may qualify for compensation. An experienced Nassau County workers’ comp lawyer, like the team at Polsky, Shouldice & Rosen, PC, can review your case and get you the assistance you deserve. If for some reason you don’t qualify, there may be a third party to sue or another way to receive that compensation. Give a Nassau County workers’ comp lawyer a call today.

Workers’ compensation claims can become a complicated mess, particularly for situations where the employee was badly injured. An employer may do whatever they can to save the company money. A Nassau County, New York workers’ comp lawyer from Polsky, Shouldice & Rosen, PC can see that you are being treated with respect from the date of your injury up until you are healed to the fullest extent possible; call us now!