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Workers Compensation Attorney Brooklyn

Workers’ Compensation Attorney Brooklyn

Construction Accident Lawyers New York

If you were recently injured in a slip and fall accident at work, you should contact a workers’ compensation attorney in Brooklyn now. Slip and fall accidents are one of the most common causes of injuries in the workplace. They usually occur before the victim notices the hazard. When there are hazards on the floor, such as liquid spills or electrical wiring, employees are in danger of slipping and falling and suffering head injuries, leg injuries, and other serious injuries. However, if you take the proper precautions, you can minimize your risk of getting hurt. In many cases, slip and fall accidents occur because of a negligent person who did not inspect the area thoroughly to ensure safe conditions for anyone walking by. A workers’ compensation attorney in Brooklyn, New York at Polsky, Shouldice & Rosen, PC gives tips on how to avoid slip and fall accidents at work.

Never Work Without Adequate Lighting

No matter what type of job you perform, it’s important to have adequate lighting. Good lighting is sometimes easy to forget about for many workers because they are so focused on working on a task right away. However, adequate lighting helps you to maintain the health of your eyes and allows you to perform your job effectively and safely. There are risks if you proceed to complete work without proper lighting. If the area is well lit, you will be less likely to make mistakes and trip ad fall over various items. If you notice that a light bulb is going out and your work area is too dim, you should notify your employer as soon as possible. The light bulb should be changed immediately to reduce the risk of you and other employees suffering a serious injury.

Clean Liquid Spills Immediately

Liquid spills are quite common in employee break rooms. Whether an employee spills water or coffee on the floor, it can create a slipping hazard for everyone. They are not easy to spot, so they are a danger to any unsuspecting person walking past it. Liquids are one of the most common causes of slip and fall accidents. Slipping on even a small amount of liquid can result in serious injuries, such as concussions, bruises, and sprained wrists or ankles. Certain people like disabled or elderly individuals who have weaker bones are also more prone to sustaining a severe, life-threatening injury because of a fall. That is why it is important for you to clean up any liquid spills you make as soon as they happen.

Wear the Proper Footwear

A workers’ compensation attorney in Brooklyn knows the type of shoes you wear at work matter. Having the right footwear can mean the difference between a minor and major injury. For example, if you work in manufacturing or construction you need to wear durable shoes that cannot be easily punctured by sharp objects. Good shoes should also have good traction. Pay attention to your job requirements and the type of shoes you should wear. Instead of worrying about fashion, choose shoes that will keep you safe. It is best to select a pair of sturdy shoes with non-slip soles. If you walk around with these shoes, you will be less likely to slip and fall.

Use the Right Tools

Using the correct tools for the job can also help you avoid slip and fall accidents. Knowing the correct tools is essential to performing a job correctly and staying safe. For example, if you need to reach something up high, you should use a ladder or step stool. If you try to stand on a chair, you run the risk of falling. This is because chairs are not made to withstand the weight of a person standing on them. You need to be aware of the limits of the objects and tools that you are using to reduce the likelihood of an injury. It can be easy to forget what tools are best to use for a certain task. Always use correct tools and know their function so you reduce the risk of an accident occurring. It’s important to always use tools in good or excellent condition. You should discard tools that are defective or immediately fix a tool that needs to be repaired. 

Inform People When You’re Moving

Many workers nowadays share workspaces with their coworkers. With such little space, employees can trip over each other if they aren’t careful. If you have to move behind one of your coworkers, you should let them know or walk around where there is more room. For example, if you are in a kitchen and need to get past another worker make sure to clearly say that you are moving by them so you avoid accidentally bumping into each other. Practicing good communication is essential in the workplace and prevents accidents. 

Let Your Employer Know About Hazardous Conditions

If you see a spill on the floor or items cluttered in the middle of the hallway, you should inform your employer as soon as possible. Do not ignore a hazard that you see if it’s inconvenient to you or because you have other tasks you plan on doing. Hazards need to be cleaned up right away. Do not assume that someone else will take care of the hazard, because you might be the only person that notices it. Immediately inform a supervisor about the hazard and follow your employer’s procedures for disposing of it. The sooner they know, they sooner they can repair the hazardous conditions and make the workplace safer for everyone.

If you were recently injured in a slip and fall accident at work, you should contact a workers’ compensation attorney in Brooklyn now. Slip and fall accidents are one of the most common causes of injuries in the workplace. When there are hazards on the floor, such as liquid spills or electrical wiring, employees are in danger of slipping and falling and suffering head injuries and other serious injuries. However, if you take the proper precautions, you can minimize your risk of getting hurt. A workers’ compensation attorney in Brooklyn, New York at Polsky, Shouldice & Rosen, PC gives tips on how to avoid slip and fall accidents at work.

Never Work Without Adequate Lighting

No matter what type of job you perform, it’s important to have adequate lighting. If the area is well lit, you will be less likely to make mistakes and trip ad fall over various items. If you notice that a light bulb is going out and your work area is too dim, you should notify your employer as soon as possible.

Clean Liquid Spills Immediately

Liquid spills are quite common in employee break rooms. Whether an employee spills water or coffee on the floor, it can create a slipping hazard for everyone. That is why it is important for you to clean up any liquid spills you make as soon as they happen. 

Wear the Proper Footwear

A workers’ compensation attorney in Brooklyn knows the type of shoes you wear at work matter. Instead of worrying about fashion, choose shoes that will keep you safe. It is best to select a pair of sturdy shoes with non-slip soles. If you walk around with these shoes, you will be less likely to slip and fall.

Use the Right Tools

Using the correct tools for the job can also help you avoid slip and fall accidents. For example, if you need to reach something up high, you should use a ladder or step stool. If you try to stand on a chair, you run the risk of falling. This is because chairs are not made to withstand the weight of a person standing on them.

Inform People When You’re Moving

Many workers nowadays share workspaces with their coworkers. With such little space, employees can trip over each other if they aren’t careful. If you have to move behind one of your coworkers, you should let them know or walk around where there is more room.

Let Your Employer Know About Hazardous Conditions

If you see a spill on the floor or items cluttered in the middle of the hallway, you should inform your employer as soon as possible. The sooner they know, they sooner they can repair the hazardous conditions and make the workplace safer for everyone.

If you were injured at work, you should discuss your case with a Brooklyn workers’ compensation attorney as soon as possible. At Polsky, Shouldice & Rosen, PC, we know how devastating it can be to suffer an injury at work and we want to help you obtain the compensation you deserve. We encourage you to schedule a free consultation with a workers’ compensation attorney Brooklyn has to offer today! 

Can Anyone Else Claim Your Workers’ Comp Benefits?

If you’ve started receiving workers’ compensation benefits after suffering an injury on the job, the benefits you’re receiving are intended to help you restore your health and your daily routine after the injury—but can anyone else claim that they’re entitled to receive a percentage of your benefits?

Tax Treatment of Workers’ Compensation Benefits

Once you are deemed eligible to receive a workers’ compensation settlement, distributions of that allocation will help to offset your lost wages and contribute to any medical bills. But will you have to file your state and federal taxes differently if you’re receiving benefits?

In most instances, the workers’ compensation payments you receive will not be subject to taxation. In some instances, however, you may be required to pay taxes on your benefits. A workers compensation attorney in Brooklyn can assist in determining any tax implications of receiving workers’ compensation benefits.

If you are receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you may fall into a situation where you are required to pay taxes on workers’ compensation benefits. In instances where the SSDI or SSI income you receive combined with your workers’ comp benefits exceeds 80% of your typical income or rises above the threshold at which your combined income plus Social Security benefits would be subject to taxation, you may be required to pay taxes on a portion of the payment. The experienced workers’ comp attorneys at Polsky, Shouldice, & Rosen, PC are available to discuss your unique situation and help make sure you keep your settlement money.

Child Support and Alimony Obligations

Financial obligations to spouses and children can affect the extent to which you can retain the full amount of your workers’ compensation settlement. Workers’ compensation benefits are designed to help you stay on top of your finances while you are out of work, but your settlement funds may be considered when calculating or amending spousal and child support arrangements during your time of hardship. Court orders regarding alimony and child support obligations are unique to each family—consult a workers compensation attorney in Brooklyn to determine if your familial support obligations will need to be considered during settlement negotiations. The attorneys at Polsky, Shouldice, & Rosen, PC are prepared to advocate for you to ensure that the compensation you receive is enough to not only aid in maintaining your physical and financial health, but also to adequately continue providing familial support while you are unable to work.

When Pregnant Women Are Injured at Work

Employers are legally bound to protect their workers from harm in a myriad of ways. When an individual is injured or made ill on the job, it is important to ask whether his or her employer failed to uphold its legal duty of care. When an injured or ill worker is eligible for workers’ compensation benefits, that individual may be able to work with a Brooklyn workers’ compensation attorney both to obtain full benefits and (if applicable and appropriate) to anonymously request that the federal Occupational Safety and Health Administration inspect the hazardous workplace in question. If the worker is not eligible for workers’ compensation benefits, he or she can work with a Brooklyn workers’ compensation attorney in order to explore alternative legal options. In either case, an injured or ill worker does not need to suffer in silence and navigate the consequences of his or her situation alone. The legal team at Polsky, Shouldice & Rosen, P.C. is here to help. 

Pregnancy and Workplace Safety Considerations

When a worker who is pregnant is injured or made ill on the job, that individual will likely be concerned not only for her own wellbeing, but also for the wellbeing of other pregnant workers as well. There is no reason why pregnant women should be unnecessarily exposed to injury risks, toxic substances and/or other hazards while on the job. Unfortunately, not all employers are aware of the unique challenges that pregnant workers face, so they are not always inclined to make reasonable allowances in order to accommodate a pregnant condition.

For example, not all personal protective equipment is designed with pregnant women in mind. It is therefore up to an employer to provide proper alternative safety equipment or remove the pregnant worker from a hazardous situation. This latter option can become “tricky” when a worker is required to be exposed to potential hazards in the course of her job. When this is the case, it is important for both worker and employer alike to consult with an experienced Brooklyn workers’ compensation attorney in order to remedy the situation in a way that both protects the worker and respects the integrity of her position in legal ways.

Questions To Ask Prospective Workers’ Compensation Attorneys

What Is Your Opinion of My Case?

During your initial consultation with a workers compensation attorney in Brooklyn, you should ask for an evaluation of your case. An experienced lawyer can review the facts of your case quickly and give you their opinion on its worth. They should also tell you whether your case is strong or needs additional evidence, including testimony from witnesses, medical findings, etc.

If your injury occurred on the job, you should receive payments to cover your medical treatments at least. However, your attorney can fight for your lost wages, pain and suffering and other payments. These professionals also understand the Social Security disability process and can guide you through it if you are permanently, temporarily or partially disabled.

What if I Am at Fault?

If you are at least partially at fault in your injury, you may be concerned that you are not eligible for workers’ compensation benefits. However, the attorneys at Polsky, Shouldice, & Rosen, PC can tell you that fault matters in personal injury claims, but it is rarely taken into account in workers’ compensation claims. Unless you are inebriated at work or you start a fight, you shouldn’t be penalized in your claim. Your attorney guide you through the process and give you advice on what to say if you are deposed.

Who Will I Be Working With on My Case?

If you are in a free consultation with a workers compensation attorney in Brooklyn, you may think that you will work with that attorney directly. However, many firms have additional staff members that may be working on your case. For example, your attorney may ask paralegals, investigators, litigation specialists and support staff to help with your case. In addition, some firms may assign your case to junior partners or associate attorneys. Therefore, ask who will work on your case.

What Is Your Experience With Cases Like Mine?

The settlement or judgment you receive on your workers’ compensation claim may have a significant impact on your life and the lives of your family members, especially if the injury was debilitating, resulted in disability or required extensive medical treatment. Therefore, you should ask your prospective attorneys about their workers’ compensation experience. Learn whether the firm, e.g., Polsky, Shouldice, & Rosen, PC, handles primarily workers’ compensation claims and whether those who will work on your case are adept at these cases.

You should also discuss the attorney and firm’s success rate. Understand that no attorney can guarantee specific results, and those that do should be avoided, but you can expect that their success rates reflect their performance and capabilities in your case.

5 Common Injuries Caused by Workplace Slips and Falls

1. Broken Bones

Bones can break when too much force is exerted on them. Slips and falls often result in significant stress on bones. Bones in the hip, ankle and wrist are the most likely to be fractured during a workplace slip and fall accident. Older employees are more likely to suffer fractures than younger ones, but workers of any age or health status can suffer fractures in slip and fall accidents. Even if your health or age makes you more prone to fractures, if your injury occurred because of your work, you may be eligible for workers’ compensation. If your claim is denied, a workers compensation attorney in Brooklyn may be able to help.

2. Knee Injuries

Knees are vulnerable to injury in slip and fall accidents because the motion often causes the joint to be twisted or overextended. Common knee injuries include torn or stretched ligaments and dislocated patellas. Some knee injuries may require surgery and extended healing times. An attorney at Polsky, Shouldice & Rosen, PC may be able to assist you with a settlement for permanent disability caused by a serious knee injury.

3. Wrist or Ankle Sprains

Ankles are often twisted at odd angles during falls and many people reflexively put their hands out to attempt to protect themselves, which can result in wrist injuries. When ligaments are stretched because of these injuries, sprains and strains may result. These types of injuries may make it difficult to walk, type, carry objects and perform other work activities. If your employer does not think your sprain is serious enough to qualify for workers’ compensation, you may want to consult with a workers compensation attorney in Brooklyn.

4. Muscle Strains and Shoulder Dislocations

Landing on your shoulder or putting your arms out to catch yourself when falling can result in muscle strains or shoulder dislocations. You may think you can just pop your shoulder back in, but some of these injuries can be severe and require immediate surgery. A workers compensation attorney in Brooklyn may be able to assist you with your claim.

5. Traumatic Brain Injuries

Traumatic brain injuries can occur even without your head striking an object. A severe jolt to the body can cause the brain to impact the inside of your skull resulting in a concussion or other type of injury. Brain injuries can rapidly become worse, even when they do not seem that bad at the start. If you need help with your medical expenses, an attorney at Polsky, Shouldice & Rosen, PC may be able to assist you with your case.

OSHA Violations and Workers Compensation

What is OSHA?

OSHA enforces workplace safety in the United States. OSHA inspections of businesses and work sites can be triggered by employee safety complaints. OSHA codes can range from minor to extremely hazardous and each of the six categories of OSHA violations has a recommended or mandatory penalty.

Types of OSHA Violations

Willful

Willful violations are the most serious because they show disregard for employee health and safety. More and more state prosecutors are pressing criminal charges in these cases. An example of a serious violation would be if the employer did not implement adequate safety procedures for equipment that had caused prior crushing injuries. A documented willful violation may be used against an employer when an injured worker is seeking workers compensation.

Serious

When an employer knows of or should know of a situation that has a chance of causing serious injury or death, but does not remedy it, OSHA issues a serious violation. OSHA fines are assessed by inspectors, but they can adjust penalties based on the seriousness of each particular violation, as well as the employer’s history,  size of business, and employer’s good-faith. Failure to ensure that employees wear PPE such as hardhats when potential falling debris hazards are present is an example of a serious violation. A documented serious violation may be used against an employer when an injured worker is seeking workers compensation.

Other-than-Serious

There are large fines for Other-than-serious violations, but inspectors can choose not to impose a fine. Inspectors make decisions about penalties based on factors such as the size of the business. Failure to provide copies of safety regulations and failure to post required documentation in work areas are considered other-than- serious OSHA violations. Other-than-serious violations should be available for reference by the one who was injured, and their workers compensation attorney for use in legal proceedings.

Repeated Violation

OSHA may cite an employer for a repeat violation if an employer is cited for a particular violation and a subsequent inspection shows another similar violation. There is a maximum fine for a repeated violation. Inspectors cannot consider a violation of the same type to be a repeat violation if the employer contests the original violation. A documented repeated violation can be used against an employer when an injured worker is seeking workers compensation.

De Minimis 

A de minimis violation is a technical violation of OSHA rules that have no direct impact on health or safety. Inspectors don’t issue OSHA citations for the least serious class of violations. For example, when the distance between rungs exceeds the distance stated in OSHA regulations a de minimis violation can be filed against an employer. A de minimis violation may still create a hazardous condition which leads to an injury. Inspectors list de minimis violations on the employer’s case inspection file, and this information can be referenced if you and your lawyer believe it was a contributing factor to your accident. 

Failure to abate

Failure to abate means that the employer failed to take corrective action following a prior documented violation. The date by which the employer must remedy the situation is included in the citation. If the employer doesn’t remedy the condition before the specified date, it will be liable for a large fine per day from the day after.  Failure to abate violations should be available for reference by the one who was injured, and their workers compensation attorney for use in legal proceedings.

Legal Guidance Is Available

If you have been injured or made ill at work while pregnant, please do not hesitate to connect with an experienced Brooklyn workers’ compensation attorney today. As a pregnant worker, you have rights to keep you protected in the workplace. You may or may not be entitled to receive workers’ compensation benefits. If you are, an attorney can help you to file a complete and timely claim in order to better ensure that you receive access to all the benefits you are entitled to. If you are not entitled to workers’ compensation benefits, a Brooklyn workers’ compensation attorney can help you to explore alternative legal options that may or may not include filing legal action against your employer.

Becoming injured or made ill on the job can be particularly stressful if you are pregnant, because you are not solely concerned with your own wellbeing. You must also struggle with any impact that your injury and/or illness has had on your pregnancy, your eventual ability to care for your infant when he or she is born and the expenses associated with potentially missing work at this time in your life. Our firm has extensive experience assisting ill and injured workers with their legal options. We can thoroughly examine your case and help you obtain the rightful and deserved benefits that you may be entitled to. Please allow us to help you as you navigate this challenging situation. Please schedule a confidential consultation today; our legal team looks forward to speaking with you. 

If you were injured at work, you should discuss your case with a Brooklyn workers’ compensation attorney as soon as possible. At Polsky, Shouldice & Rosen, PC, we know how devastating it can be to suffer an injury at work and we want to help you obtain the compensation you deserve. We encourage you to schedule a free consultation with a workers’ compensation attorney Brooklyn has to offer today!

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