The legal framework for workplace injuries encompasses a complex set of laws designed to protect employees while balancing the responsibilities of employers. From Workers’ Compensation laws requiring employer-provided insurance to OSHA standards and legal provisions safeguarding against retaliation, it’s important for every injured worker to understand their rights in the aftermath of a workplace accident.
A Work Injury Lawyer Can Help You Protect Your Rights
While it is not uncommon for employers and workers’ comp insurers to reject bona fide workers’ compensation claims, an experienced attorney can increase your chances of receiving the compensation you deserve. A Work injury lawyer can help you navigate the complexities of New York’s workers’ compensation system and ensure that your interests are represented throughout the process, from initial consultation through resolution.
Prompt Reporting: Typically, you only have a limited window of time to report your injury after an accident at work. An attorney can review your circumstances to ensure you meet all necessary reporting requirements. Promptly seeking medical attention and adhering to doctors’ treatment plans are also essential steps in a successful claim.
Detailed Documentation: A thorough record of your symptoms, medical diagnosis and treatments is critical for building a strong case. Your attorney can assist in ensuring that your records are properly maintained and organized, which can be helpful during settlement negotiations or even at trial.
Medical Treatment: Many work-related injuries require substantial medical treatment, and it’s crucial to get your treatments from a doctor approved by your employer or the insurance company. You may also be required to enter into a Workers’ Compensation Medicare Set-Aside Agreement (WCMSA), which designates part of your settlement to cover future medical expenses for your workplace injury. An attorney can review the terms of any WCMSA agreements to ensure that your benefits are maximized.
Suing Outside of Workers’ Comp: While the purpose of workers’ comp is to prevent civil lawsuits, there are a few exceptions, such as if a third party caused your injury, or your employer intentionally violated the law. A Work Injury Lawyer can help you determine whether or not you have grounds to file a civil lawsuit.
Injuries Related to Machinery or Equipment: Some jobs require heavy machinery, such as bulldozers, excavators, factory presses, or company vehicles. Injuries that result from the operation of such machinery can be severe, underscoring the importance of proper maintenance and safety training.
No matter how you were injured at work, you need to consult a Work Injury Lawyer immediately to assess your options and protect your rights. A free consultation can help you better understand your options, alert you to potential pitfalls and provide the guidance needed to make an informed decision. Contact Polsky, Shouldice & Rosen, P.C. today for a free case evaluation. Our firm represents injured workers throughout New York City. Our attorneys work on a contingency basis, so you pay no upfront fees or out-of-pocket costs unless we win your case. For your convenience, we offer evening and weekend appointments.