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Month: June 2016

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Queens, NYC, Brooklyn, Bronx, Workers Compensation Attorneys

What Are Your Rights During an Insurance Company Medical Examination?

When you’ve been hurt on the job and have filed a workers’ compensation claim, one of the first things you can expect is a notice from the workers’ compensation insurance company to see a doctor selected by the insurance company, so that you can have a medical exam. What are your rights during this examination?

The first thing to understand is that, even though the exam is referred to as an “independent medical exam,” it’s being conducted for the benefit of the insurance company. The insurance company did not randomly select a doctor to provide an “independent” exam. The doctor they chose is one that they use on a regular basis, one who typically provides a report favorable to the insurance company.

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29 June 2016 No Comments

Will My Workers’ Compensation Claim Be Lost If I Go to Work for Another Company?

Workers Compensation Attorneys Astoria New York

If you have been injured at work, and you’ve successfully filed a workers’ compensation claim, will your benefits be in jeopardy if you take a job with a different company? In other words, are you prohibited from working at all because you are collecting workers’ compensation benefits? The simple answer is no. There is no requirement under the New York workers’ compensation laws that you must stay connected in any way to the company that is paying you workers’ compensation benefits. You could take a job the next day, making more money, and still collect workers’ compensation benefits. Here’s how.

The workers’ compensation benefits you are receiving are being paid to you because you suffered an injury and have a resulting medical condition. As long as you continue to have the medical condition caused by the work-related injury, the company for whom you were working when you suffered the injury is responsible for paying for your losses. In fact, when you are unable to work because of a workplace injury, it’s an ideal time to pursue job re-training, so that you can be gainfull

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21 June 2016 No Comments

Is My Job Protected While I Pursue a Workers’ Compensation Claim?

Workers Compensation Attorneys Queens & New York

If you have been injured on the job and need to seek compensation under New York’s workers’ compensation laws, you may have some concerns about whether or not your job will still be there for you, especially if it will take some time for you to heal. Can your employer replace you? What potential rights do you have to ensure that you can go back to work when you are healthy?

First, it’s important to understand that your employer cannot terminate you or discriminate against you in any way because you have filed for or are seeking workers’ compensation benefits. This can be difficult to prove, but if you can show that you lost your job in whole or in part because of your workers’ compensation claim, your employer can be found liable for discrimination, be ordered to pay damages and to reinstate you.

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14 June 2016 No Comments

Astoria Queens Workers Compensation Attorneys

Under Section 32 of the New York workers’ compensation laws, an injured worker can enter into a settlement with his or her employer and the employer’s workers’ compensation insurance carrier. Instead of receiving weekly benefits for a specific period of time, the injured party will typically receive a lump sum payment. There are situations where that may be beneficial for an injured worker and other situations where it will not. You should always discuss the matter with an attorney.

Some reasons you may want to consider a settlement include your age or financial needs. If you are older and would typically receive a weekly award for a long period of time, it may be advantageous to pursue a settlement. However, when you enter into a Section 32 settlement, you customarily exchange the lump sum distribution for an agreement to relinquish any right to weekly benefits and medical treatment.

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10 June 2016 No Comments

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