Nassau County Workers Comp Lawyer

Nassau County Workers Comp Lawyer

Nassau County Workers Comp Lawyer

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.

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!

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    Nobody does it better than this firm. Mark and his team truly feel YOU MATTER and make sure all is done correctly ASAP. Follow ups, call backs, you get treated RESPECTFULLY right from the start.
    I had a case with Adam Rosen, of Polsky, Shouldice and Rosen. From the beginning they treated me right and answered all of my questions. They handled my case great and got me a nice settlement for my injuries. I would tell anyone to use them.

    Call Polsky, Shouldice & Rosen, PC at (718) 587-0997