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Year: 2016

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Am I Eligible for Workers’ Compensation Benefits?

Experienced NYC | Brooklyn | Queens | Bronx Workers’ Compensation Attorneys

Am I Eligible for Workers’ Compensation Benefits?

Like every other state, New York has workers’ compensation laws designed to be the primary (and sometimes exclusive) remedy when a person is hurt on the job. But there are specific requirements for eligibility for workers’ compensation benefits—not every injury that keeps you from working will qualify you for workers’ compensation payments.

The basic criteria to qualify for workers’ compensation benefits are:

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22 December 2016 No Comments

Can You Still Get Workers’ Compensation Benefits if You Go Back to Work?

You were hurt on the job and out of work for a while. You’ve been able to find a job that your injuries allow you to perform, but it pays less than your prior position paid. Can you take the job at a lower wage and still get benefits under a workers’ compensation claim? The answer is yes.

Under the New York workers’ compensation laws, you can make a claim for what is known as a “reduction in earnings,” also known as a “reduced earnings award.” The law allows you to recover up to 2/3rds of your average weekly wage, up to the statutory maximum. So, for example, if you were making $600 a week before your injury, you are entitled to $400 per week. If your new job only pays you $300 per week, you can file a claim for an additional $100 per week.

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19 December 2016 No Comments

The Day of Your Workers’ Compensation Hearing—Some Advice

The Day of Your Workers’ Compensation Hearing—Some Advice

If your initial application for workers’ compensation benefits has been rejected, you will need to attend a hearing to pursue your claim any further. Here are some tips for making the best impression at that hearing.

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15 December 2016 No Comments

Preparing for a Workers’ Compensation Hearing

If you’ve been hurt at work, your first course of action will be to file a workers’ compensation claim. If you are one of the lucky few, your application for benefits will be granted without a challenge from your employer or the workers’ compensation insurance company. In most instances, though, your claim will be initially denied and you’ll have to ask for a hearing to determine the merits of your claim. What will your attorney need to prepare for that hearing?

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12 December 2016 No Comments

Permanently Partially Disabled or Permanently Totally Disabled?

Experienced NYC | Brooklyn | Queens | Bronx Workers’ Compensation Attorneys

Permanently Partially Disabled or Permanently Totally Disabled?

When you’ve been hurt on the job, and your injury is clearly permanent, requiring ongoing treatment for the rest of your life, the workers’ compensation board will have to make a decision as to how you will be classified—are you permanently partially disabled, or are you permanently totally disabled?

It’s important to understand that, until 2007, when a person was classified as permanently partially disabled (the vast majority of permanently injured workers are classified this way), that worker would be entitled to a weekly check for the rest of his life. In 2007, though, the state legislature increased the amount of permanent partial disability payments, but put a cap of 10 years on the award.

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28 November 2016 No Comments

The Workers’ Compensation Board Ruled Against You—Now What?

New York City | Queens | Brooklyn | Bronx Workers’ Compensation Lawyers

The Workers’ Compensation Board Ruled Against You—Now What?

You got hurt on the job and it seemed like an open and shut case—then the workers’ compensation board ruled against you. Now what do you do? What are your options?

If you receive a decision that seems inconsistent with the facts, that you feel is unjustified, there are a number of different levels of appeal:

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22 November 2016 No Comments

New York City , Queens , Brooklyn , Bronx Workers’ Compensation Lawyers

Should You Hire an Attorney to Handle Your Workers’ Compensation Claim?

You’ve been hurt at work and it’s a pretty clear-cut case. You can complete and file the application for benefits, right? You don’t need a lawyer to help you, do you? At least that’s what the workers’ compensation insurance providers will tell you.

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16 November 2016 No Comments

Do You Know What Workers’ Compensation Benefits Will Cover?

Knowing What Workers’ Compensation Will Cover

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

When you suffer a serious injury on the job, such as a broken bone, torn ligament or herniated disc, you can be pretty certain that any losses associated with that injury will be covered by a workers’ compensation claim. But what about seemingly minor injuries? What if you crack a tooth in a slip and fall on the job? What if a work-related mishap causes you permanent scarring or disfigurement?

The answer is that workers’ compensation is responsible to pay for all types of losses, provided the loss was sustained in a job-related accident or incident. Here’s the important caveat, though—you must have all necessary medical records and documentation to support your claim:

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11 November 2016 No Comments

What If You Have Been Found to Be Permanently Partially Disabled?

Experienced NYC | Brooklyn | Queens | Bronx Workers’ Compensation Attorneys

What If You Have Been Found to Be Permanently Partially Disabled?

In the aftermath of a work-related injury, when you file a workers’ compensation claim, certain determinations will be made regarding the nature of your disability. Is it temporary or permanent? Is it total or partial? The benefits you received will differ based on these findings.

With a finding that you are permanently partially disabled, the workers’ compensation judge has concluded that your injury does not necessarily keep you from working at all, but that your medical condition is not expected to get any better, at least with respect to the injury you suffered. Because your disability is considered to be permanent, there’s a requirement under New York law that you continue to receive some level of workers’ compensation benefits.

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27 October 2016 No Comments

What to Do at a Workers’ Compensation Insurance Company Medical Examination

You’ve been injured at work, notified your employer and filed a workers’ compensation claim. You’ve received notice that you must submit to a physical examination by a doctor chosen by the workers’ compensation insurance company or by your employer. What’s the best strategy for how to handle this exam?

First and foremost, it’s important to be as honest as possible. Don’t exaggerate or minimize the impact of the injury. Be specific about what limitations the injury places on you. If you are still able to perform many of the daily tasks in your life, admit that. If you overstate the impact of your injury and the workers’ compensation insurance company sends out a private investigator who videotapes you doing things you said you couldn’t do, your claim will likely be completely rejected.

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20 October 2016 No Comments

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