Workers Compensation Attorney In Long Island

When injured employees need a skilled workers’ compensation attorney Long Island offers they call Polsky, Shouldice & Rosen, P.C. at (718) 587-0997. Our attorneys are available to protect your rights if you have suffered a serious injury while on the job.

Did your employer or their insurance carrier deny your workers’ comp claim? Is your injury requiring more medical care and benefits than what they’re willing to pay? A workers’ compensation attorney in Long Island from Polsky, Shouldice & Rosen, P.C. can help you get maximum compensation for the care of your injury.

How We Can Help

1. A workers’ compensation attorney Long Island workers respect from Polsky, Shouldice & Rosen, P.C. can help you with your workers’ compensation claim in a number of ways.
   We can communicate with the workers’ compensation board so that you don’t have to. If you have tried to work with them in regard to your claim and they have been unhelpful or denied your claim, you will not have to talk to them.
2. To strengthen your claim, and in preparation for a possible lawsuit if necessary, your attorney can collect evidence on your behalf. A Polsky, Shouldice & Rosen, P.C. workers’ compensation attorney Long Island victims turn to for justice can gather medical records, expert testimony, and evidence from the accident to prove the validity of your claim.
3. When an experienced workers’ compensation attorney Long Island insurance companies respect is representing you, he or she is much more likely to negotiate a fair settlement than you can do on your own. Our attorneys are used to the negotiating tactics of insurance companies who make every effort to pay as little as possible to victims of workplace accidents.
4. A Long Island workers’ compensation attorney from our firm can represent you at the workers’ compensation hearing and protect your best interests during the proceedings.
5. If your claim involves a third-party for whom you are not directly employed, a lawsuit may be unavoidable in order to recover your accident damages. Your Polsky, Shouldice & Rosen, P.C. lawyer can represent you in court to pursue the compensation award you deserve.

Third-Party Claims and Lawsuits

Our attorneys have significant experience in dealing with even the most complex workers’ comp cases. These often involve third parties who are not required to pay workers’ compensation benefits to someone who is injured while on the job. For example, if you are walking across your company’s parking lot on the way to your vehicle, and a delivery truck hits you because the driver was negligent, a workers’ comp claim may not pay your injury damages in full, or at all. The workers’ comp insurance company may insist that the delivery company pay for all or some of the damages. If the delivery company refuses, you may have to take them to court. After a review of your case, a Long Island, New York workers’ compensation attorney from Polsky, Shouldice & Rosen, P.C. can determine if any third parties should be named as defendants in litigation or injury claims and represent you as the plaintiff.

When You Should Hire a Workers’ Compensation Attorney

You Receive a Claim Denial

If you are injured at work and have submitted your paperwork within the required timeframe, your claim should be approved. However, workers’ compensation insurance companies are for-profit, and many have a policy of denying initial claims. This requires an appeals process. Therefore, if your claim is denied, you should consult a workers compensation attorney in Long Island, such as those at Polsky, Shouldice, & Rosen, PC.

These professionals can review your claim to ensure that everything is filled out properly and pursue the appeals process. They can also negotiate your settlement or fight the insurance company in court, if necessary.

The Insurance Company Contacts You

Whether you receive a phone call or a settlement offer, you should contact a workers compensation attorney in Long Island. These attorneys should act as liaisons between you and the insurance company. They should calculate the cost of your injury, including all medical treatments, lost wages, pain and suffering, etc., and compare this to your settlement offer.

In addition, if you receive government benefits, such as Social Security Disability, they can help you structure your settlement so that it doesn’t impact your disability eligibility or payments.

You Have a Preexisting Condition or Cumulative Injury

If you have a preexisting condition, many insurance companies and employers will use your condition to deny your claim. They may try to prove that your injury is a result of your condition. In addition, progressive or cumulative injuries, such as carpal tunnel syndrome or those that result from repetitive work, can be difficult to prove. In these cases, firms such as Polsky, Shouldice, & Rosen, PC can help you prove that the injury is the result of your work.

You Experience Retaliation

Your employer is not allowed to discriminate or retaliate against you for filing a workers’ compensation claim. Therefore, if you are demoted, your wages are cut or you experience other forms of retaliation, you may need an attorney to not only get you the settlement you need to pay for your medical treatments and bills, but they should also protect your legal rights on the job.

You Are Disabled

Work-related injuries can cause permanent, temporary or partial disability. If you fall into any of these categories, you should immediately contact a workers’ compensation attorney. Your disability may make you eligible for weekly payments to counteract your lost wages. In addition, you may require extensive, costly medical treatments that your employer’s insurance company should pay for.

How Long Do I Have To File a Workers’ Comp Claim?

Sustaining a work-related injury can be both physically and mentally taxing. The injury brings with it a level of fear of having to tell your employee, possible loss of work hours and a chance of being permanently disabled. After the initial event, it can be difficult to know what steps are appropriate to take next and sometimes the workers’ compensation claim may be the last thing on your mind. It can be easy to put this step off indefinitely, but there is a timely filing limit. This is to ensure that the injury happened at the time the victim says it did and so that the injury can be linked to the correct employer. Because there is typically a one to three year timely filing procedure, it is important that you report the incident as soon as possible and seek legal counsel.

Report the Injury

Because workplace injuries can often be serious and devastating, the injured party may not be able to report the incident immediately. That is why there are stipulations to give the injured party time to recover and still report the injury. However, the timely filing window typically closes within one to three years, so it is important not to put off the reporting for too long. The best rule of thumb is to report the incident as soon as you are physically and mentally capable of doing so in order to avoid delays in the processing of your claim.

Seek Legal Counsel

Navigating the ins and outs of a workers’ compensation case is something best left in the hands of a qualified legal team. There are numerous legal considerations that a law team is adept to handle efficiently and with the most skill. Therefore, one of the most important things to do for yourself after a workplace injury is to find a legal team to support your case. They will be able to answer your questions and help you determine what is fair compensation for your injury.

The steps taken after a workplace injury can make or break your workers’ compensation claim and affect your life in many ways. Reporting the incident as soon as your are able is one of the most important parts of having a successful case. 

Do I qualify for workers’ compensation?

If you became ill or were injured on the job, you may be able to apply for workers’ compensation benefits. These benefits include a portion of your lost wages and your medical treatment. If you qualify, you may recover workers’ compensation regardless of what happened. In other words, if you are to blame for the injury, you can still receive the benefits. In exchange for getting workers’ comp, you essentially agree that you will not file a lawsuit against your employer. Although this might sound straightforward and like an easy process, getting workers’ compensation can be rather cumbersome – even difficult. If you are unfamiliar with the process of recovering this type of compensation, it may be a good idea to consult a workers’ compensation attorney in Long Island for help. 

Can You Recover Workers’ Compensation?

-In general, you must meet a few standard requirements to receive workers’ compensation. 

-You must currently be an employee of the company

-Your employer must carry workers’ compensation insurance

-You should have been injured or become ill while working or as a result of your work

-You must report the injury within a short period of time (usually 15 days)

-You must file for compensation within the deadline

A workers’ compensation attorney in Long Island can help you to understand whether or not you are eligible. If you are a railroad, maritime, or federal worker, there are special programs for you. If you are an independent contractor, you generally cannot recover workers’ compensation benefits. However, there could be alternatives; therefore, we encourage you to give us a call. 

The Requirements of the Employer and the Employer

Most employers will have workers’ compensation coverage. In many states, this is mandatory; however, some states will allow the employee to opt out. If you opted out of the coverage, you may lose your right to recover workers’ compensation. 

The benefits are typically provided by a private company; however, certain states have established funds to pull from. As mentioned, the federal government has their own program for federal employees. A Long Island workers’ compensation lawyer may still be beneficial for federal workers. 

If you are an independent contractor or a freelance worker, it is possible for an employer to misclassify an employee. This is often done as an attempt to avoid paying premiums and payroll taxes. Even if signed a 1099 tax form, you may be able to recover benefits. If you are in a situation like this, you are advised to speak with a qualified workers’ compensation lawyer in Long Island, New York.  

Call Polsky, Shouldice & Rosen, P.C. to Explore Your Legal Options

At Polsky, Shouldice & Rosen, P.C., we have been helping injured and ill workers throughout the [location] area to recover workers’ compensation benefits. We also can help clients to determine whether or not they have any other legal options, such as filing a personal injury claim. There are strict time limits to filing for workers’ comp; therefore, the sooner you get started, the better. For more information, please call a workers’ compensation attorney in Long Island now. 

3 Entitlements of the Family Medical Leave Act

There are events in life that may leave you unable to return to work for a while. You don’t want to lose your job, but you can’t go in for one reason or another. The Family Medical Leave Act was created to allow qualified individuals blocks of time away from work to help with medical or family emergency issues. Take a look at three of the benefits a worker is entitled to under the FMLA.

1.Unpaid Leave To Care for Yourself or a Close Relative

The foundation of the FMLA is granting an employee the time to heal from a debilitating illness or injury without fearing job loss. Before its enactment, employees needing large chunks of time at home or in the hospital may have recovered to find themselves out of a job. Under the FMLA, employees may take up to 12 weeks of unpaid leave a year without worry about being terminated for the absence. The protection extends to employees who have to care for a close family member during a time of illness. This applies to those caring for:

• A child, natural or adopted
• A parent
• A spouse

In some cases, caring for other family members may also qualify. These may require some investigation on the part of the employee or help from a professional.

2.Return to the Same Job or an Equivalent

Once the leave is up, the employee can return to work the same hours they previously did. They should also be in the same position and performing the same functions. However, in some instances, this may not have been possible. For example, if the leave left the employer without an integral team member, the supervisor may have moved someone into that role. Depending on company hierarchy, that person may be moved out upon your return, or you may be placed in another position. The caveat with this move, however, is that the new job must be equivalent to the prior one. It must pay the same, have similar duties and standing within the company.

3.Maintain Company Health Insurance

One of the reasons many people stay with companies is group medical insurance. The healthcare system is expensive, and if something happens to you, without healthcare coverage, you may find yourself going broke from the mountain of bills. When an employee is out on qualified leave under the FMLA, the company must maintain their health insurance. If the worker doesn’t return, then the benefits will terminate as they would during the ordinary course of job separation.

If you feel like your company is not adhering to the FMLA guidelines, you may be right. Contact a workers’ compensation lawyer near you for the steps you should take to get what is legally yours.

5 Common Reasons Workers Compensation Claims Are Denied

1. Missed Deadlines

In New York, you must report a work-related injury within 30 days and you have up to two years to file a claim. If you miss either of these deadlines, your claim may be denied. If you believe your claim has been wrongfully denied due to a missed deadline, a workers compensation attorney in Long Island may be able to help.

2. Your Injury Doesn’t Qualify

State law places limitations on which injuries qualify for workers compensation. Conditions such as cumulative trauma or mental illness are commonly excluded or restricted if they are not also accompanied by physical trauma. Some minor injuries also may not qualify. A workers compensation attorney in Long Island may be able to help you determine whether your injury qualifies you for workers’ compensation.

3. Insurance Company Determines Your Injury Is Not Work-Related

Your employer may claim that you were not working when you got hurt, that you were participating in some type of disqualifying misconduct or that you have a medical condition that is not related to your job. If your claim is denied for this reason, you will need to produce evidence, such as an independent medical examination, to prove that your injury or illness is work-related. You may need the assistance of a workers compensation attorney in Long Island to prove your case.

4. Your Quit Your Job Before You Filed Your Claim

If you quit, get fired or are laid off from your job before you file your claim, the insurance company may deny the claim. However, if you can prove that you had good reason for the delay in filing the claim, such as employer retaliation or an injury that occurred during your two-week notice period, you may be able to appeal the denial. An attorney at Polsky, Shouldice & Rosen, P.C. may be able to assist you with your appeal.

5. You Were Intoxicated or Under the Influence of Illicit Substances

Workers’ compensation is usually a no-fault coverage, meaning that even when your work-related injuries are your fault, you can still receive benefits. However, there are some exceptions. In many states, if you injure yourself while you are intoxicated or under the influence, your claim may be denied. If you believe your claim has been wrongfully denied because of accusations of drug or alcohol use, an attorney at Polsky, Shouldice & Rosen, P.C. may be able to help you.

Polsky, Shouldice & Rosen, P.C.

Call us at (718) 587-0997 to schedule a free consultation with a workers’ compensation attorney Long Island residents have long trusted to protect their rights.

Client Review

“One of the best Law Firms around. They took my Workers Comp case and i had a pleasant experience. Whenever i called the front desk they were kind and caring. The Lawyers i dealt with were amazing. I strongly recommend them.”
Richard J. Giaime