Nassau County Workers’ Compensation Lawyer
Workers’ Compensation Lawyer
If you have suffered from a work-related injury in New York and need the help of a Nassau County workers’ compensation lawyer, call Polsky, Shouldice & Rosen, PC. Not all companies focus on the safety and health of their employees. Some employers may be so caught up in making and saving money, that they invest less time and energy into keeping workers injury-free. Accidents can still occur even in the most well-kept and safe workplace environment. But, employers may be causing accidents that would not have normally happened, if they had firmly established safety protocols and addressed hazards right away.
If you or a loved one has recently been in a workplace accident and needs medical care for injuries, consider filing for workers’ compensation benefits right away. Then, meet with one of our attorneys so you have someone to ensure your rights are being protected every step of the way. A workers’ compensation lawyer can help you with your claim.
How Resentment Becomes Retaliation
Sadly, if an employee was to get injured while at work, they may not only suffer from physical pain but employer retaliation too. Employees have a right to pursue workers’ compensation benefits if they are harmed while on the job, but many employers may do whatever they can to prevent this from happening or inflict punishments for it.
An employer may become resentful towards the employee for reporting an accident that ultimately costs the company money. The more severe the injuries, the more expensive this may be for the employer. What may start off as hard feelings can develop into outright unlawful retaliation. When this is the case, speak with a workers’ compensation lawyer as soon as possible.
Keep an Eye Out for Red Flags
Most employees hope that their employer will be supportive in the event of a terrible accident while at work. However, they may be devastated to find out this is anything but true. Our attorneys recommend keeping an eye out for red flags that may mean your employer is retaliating against you. Here are common examples of employer unlawful behavior, that may be actionable by law:
- Removing the employee from his or her title.
- Decreasing hourly wage or salary.
- Changing work hours or schedule.
- Creating a tense, passive-aggressive, or hostile environment.
- Mishandling the workers’ compensation claim intentionally.
- Firing the employee soon after reporting the accident or receiving workers’ compensation benefits.
- Pushing the employee to violate doctor’s orders during treatment (such as not abiding by physical limitations or restrictions while recovering).
- Prohibiting the employee from being a candidate for promotional opportunities.
Why Employees May Not Report Injuries
The culture of a workplace may discourage an injured employee from pursuing workers’ compensation benefits. It may be unsaid among coworkers to hide injuries until they have become worse enough to need medical attention. However, by delaying reporting the injury, it could cause the employee’s workers’ compensation claim to be denied. If you are worried about the repercussions for reporting your injury accident, please contact a workers’ compensation lawyer for advice.
Eight Common Workers’ Compensation Injuries
Bodily Reaction
A bodily reaction injury happens when you’re falling, but manage to stop yourself before you hit the ground. Sprained wrists and ankles are common types of bodily reaction injuries. Your workers compensation attorney can help you get workers’ compensation for this type of injury.
Overexertion
Overexertion happens when you try to lift, carry or throw something that’s too heavy for you. You can tear muscles and hyperextend joints. This is most commonly seen in industries where physical labor is required, such as factories, construction or law enforcement. The Department of Labor says this is the most common injury in the workplace.
Repetitive Motion
A repetitive motion injury happens when you do the same motion over and over, and it wears on the joints. Frequent activities that cause these injuries include typing, using a mouse, assembly line work and lifting boxes. Common repetitive motion injuries include carpal tunnel syndrome, bursitis and tendonitis.
Slip or Trip and Falls
It’s easy to slip or trip and fall in the workplace. There might be wet floors or carpet that’s peeling up. There could be cords or cables running across the floor. If you slip or trip and fall at work, your workers compensation lawyer from Polsky, Shouldice, & Rosen, PC can help you get the workers’ compensation you’re entitled to.
Struck Against an Object
This injury occurs when you fall against an object such as a bookcase, desk or barricade. Both factory workers and office workers may sustain injuries from being struck against an object.
Fall to Lower Level
A fall to a lower level occurs when you’re on a ladder, a roof or at the top of a staircase and you fall to a level below where you previously were. Construction workers falling off scaffolding, maintenance men falling off of roofs and nurses falling down stairs are all examples of a fall to a lower level.
Struck by Object
Instead of you striking the object, this injury occurs when an object strikes you. It could be a case of a box falling off a shelf and hitting you in the head or a forklift driver failing to see you walking in his path. Your Polsky, Shouldice, & Rosen, PC workers compensation lawyer can help you with your workers’ compensation case from this type of injury.
Highway Incident
Highway incidents occur with truckers and delivery drivers getting into accidents. This is one of the most common workplace injuries. Even though the driver isn’t at her place of employment, she’s driving because of her work. That’s what makes this type of workers’ compensation case complicated enough for a workers compensation lawyer.
What Can You Do If Your Employer Refuses to Accept Your Injury Report?
All jobs have varying levels of risk to your safety. Many jobs, such as those you performing sitting in an office at a desk, pose little danger to your physical well-being. Others, such as manufacturing, construction, or transportation jobs could consistently put you in harm’s way. Regardless of what you do, your employer has an obligation to have measures and regulations in place to keep you safe. Likewise, it’s your responsibility to comply with these rules and act wisely. If you’re injured nonetheless, but your employer won’t file your accident report, there are some important steps you need to take.
Speak to Human Resources
Anytime you are injured at work, you should first speak to your direct supervisor and give details of the incident. Include information such as what you were doing, where the accident happened, what time it occurred, how it occurred, and other necessary facts. Your supervisor should take this report and pass it along to the human resources representative in charge of handling workers’ compensation claims. However, if your supervisor neglects to do this or outright refuses to acknowledge your report, you should go straight to human resources yourself. Give the appropriate person the same information and be sure to tell him or her that your boss didn’t follow through or wouldn’t allow you to make the report.
Go to the Top
If would be a huge red flag if human resources were to give you a hard time about filing an accident report. The department should be your advocate and is here to provide you what you need to be safe and successful at work. If, for some reason, you’re still having difficulty making a report, you should speak to someone in upper management, even the president or CEO or the company, if necessary.
Hire an Attorney
There are various reasons why your company may refuse to acknowledge you were injured, but an experienced workers’ compensation lawyer will make sure the right people are held accountable for your accident. A workers’ compensation lawyer knows the correct steps to follow to ensure your claim is filed in a timely manner.
You should never feel unsafe at work, and you shouldn’t feel as though there are no avenues for help if you do suffer an injury. When your employer is making the workers’ compensation claims process difficult, speak to a trusted, reputable workers’ compensation lawyer. This skilled professional will protect your interests and get you the help you need.
Our team of legal professionals has provided aid to many injured workers since opening our law firm. We understand just how complicated these matters can become. An attorney at Polsky, Shouldice & Rosen, PC can offer guidance, insight, and representation during this time. Let us help ensure that your injury accident is being handled the right way and that your legal protections are not being violated. Speak with a workers’ compensation lawyer today!
Workers’ Compensation for Construction Accidents
While any job site can hold the potential for on-the-job injuries, none are as dangerous as an active construction site. Each day, workers put their health and wellbeing on the line working with hazardous materials and performing any number of potentially risky tasks. When work accidents do occur, they can be severe and disabling, leaving these workers unable to care for themselves or provide for their loved ones. Fortunately, workers’ compensation benefits are available to help in these situations. If you or someone you care about works in this field, it is important to be aware of the specific dangers, as well as what to do if an injury occurs. A workers’ compensation lawyer from our firm can help.
Common Types of Construction Worker Injuries
According to fact sheets from the Occupational Safety and Health Administration (OSHA), the construction field has the highest percentage of on the job accidents and worker fatalities than any other field. Of the close to 5,000 fatal work accidents that occur in one year, more than 20 percent involve construction workers.
OSHA states that the leading causes of life-threatening construction accidents are known as the ‘Fatal Four’. They include:
- Falls, which account for roughly one-third of all construction-related fatalities
- Getting struck by heavy objects, equipment, or by falling debris
- Electrocutions when dealing with live wiring or in excavations
- Getting caught between objects, such as motor vehicles or machinery
OSHA reports that these accidents often occur either as the result of poorly maintained workplaces or a lack of proper safety procedures. Among the most frequent citations issued by OSHA include improper scaffolding for fall protection, lack of machine safety guards to prevent workers being caught, poor hazard communications between workers and construction site managers, and failure to control hazardous substances by owners and suppliers.
Getting the Workers’ Compensation Benefits You Are Entitled To
When on-the-job construction site accidents and injuries do occur, a workers’ compensation lawyer can help the injured employee and their family obtain the benefits they need to recover. These benefits include:
- Medical care, which includes necessary diagnostic testing, treatment, medications, and physical therapy
- Temporary disability benefits, which can provide support for you and your family while you recover
- Permanent disability benefits if your injuries result in lasting impairments
- Job displacement benefits if disabilities prevent you from returning to your prior position
- Death benefits, which can provide for surviving family members in the event an injury proves fatal
In order to receive these benefits, it is crucial that you report your injury to your supervisor immediately when it occurs, get medical attention as soon as possible, and follow all of your doctor’s instructions. Fill out all forms provided by your employer promptly when you receive them, and make sure all documents are submitted within the appropriate time frames.
In the event your benefits are disputed or denied, contact Polsky, Shouldice & Rosen, PC right away. Each workers’ compensation lawyer from our firm act as strong legal advocates on your behalf to help ensure you get the total amount to which you are entitled.
Frequently Asked Workers Compensation Questions
Polsky, Shouldice & Rosen, PC is a team of experienced workers compensation lawyers who have been defending workers’ compensation claims for years. We have built our reputation on providing high-quality legal representation to injured workers and their families.
Workers compensation provides benefits to employees who are injured while performing their jobs. If you have been injured at work and feel that you are entitled to workers compensation benefits, contact Polsky, Shouldice & Rosen, PC.
What is Workers Compensation?
Workers’ compensation is a system that provides medical treatment and wage replacement to employees who are injured on the job or develop a work-related illness.
Workers’ compensation insurance is designed to provide both economic and medical protection for employees who suffer from work-related injuries or illnesses. Workers’ comp can help protect your employees against the loss of wages, medical expenses, rehabilitation costs, and other expenses caused by their injuries.
What does Workers Compensation Cover?
Workers’ compensation generally covers medical treatment for workplace injuries and illnesses. In addition, it provides wage replacement benefits for time lost from work due to illness or injury (often referred to as “temporary total disability”).
If you miss more than three days of work due to an injury or illness, you may be eligible for temporary total disability benefits through workers’ compensation insurance.
What happens if I lose my job?
If you are injured at work, you can remain on leave until your case is resolved. If you are still disabled when it is resolved, then you will be entitled to receive compensation for lost wages and medical treatment until you are able to return to work.
How long does it take to settle a workers comp claim?
Once the insurance company receives notice of an injury or illness, they have a duty to investigate and resolve the claim in a timely manner. If they fail to do so, they may be liable for any losses that resulted from their delay (e.g., medical bills or loss of wages).
A common mistake that employers make is failing to provide notice of an injury as soon as possible after it occurs; this can lead to unnecessary delays in receiving benefits because the worker does not know that he or she has been injured.
Additionally, if there is a dispute about whether or not an injury qualifies as “work-related,” this can also cause a delay in receiving benefits under workers’ comp laws.
How long does the workers compensation process take?
The workers compensation process takes between two to three years, depending on how complicated your case is and how hard you fight your insurance company. The best way to ensure your case will be resolved quickly is by hiring a workers compensation lawyer who can help you get all of the necessary medical treatment and bills paid right away.
Do I have to hire a lawyer to file my workers’ comp claim?
Anyone can file a workers’ comp claim, but it is much easier if you have legal representation from an experienced workers compensation lawyer. Your case will be handled much more quickly and efficiently, which means you can get back to work sooner!
What if my employer doesn’t have workers’ compensation insurance? Can I still file a claim?
Yes! Even if your employer does not carry workers’ compensation insurance, you can still file a claim against them.
talk with your employer about their insurance status and if it has been canceled or suspended for nonpayment of premium taxes. If they do not have insurance coverage and cannot pay for medical expenses or lost wages due to your injury, then you may file a lawsuit against them in civil court.
