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Month: August 2016

If I Return to Work Making Less Money, Am I Still Entitled to Workers’ Compensation Benefits?

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

So you’ve been hurt at work and you can’t perform your old job. What happens if you go back to work at a different position, making less money than you were before your injury? Are you still entitled to seek workers’ compensation benefits for what you have lost? The answer is yes!

Under the New York workers’ compensation laws, an injured worker can make what is known as a “reduced earnings award.” In fact, you can be compensated up to 2/3 of the difference between the statutory maximum and what you are making after your injury.

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Can I File Suit against My Employer if I Am Injured at Work?

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

A question we frequently get from prospective clients has to do with whether or not an employer can be sued in court for a personal injury suffered on the job. The answer, as is often the case, is that it depends.

If your employer had a valid policy of workers’ compensation insurance, as required by law, you cannot file a lawsuit for a personal injury, even if the employer was clearly at fault. That’s the purpose of workers’ compensation insurance. Under the workers’ compensation laws, if your employer has workers’ compensation insurance, your only recourse for wrongful acts by your employer or a co-employee are through a workers’ compensation claim.

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

What Does My New York Workers’ Compensation Cover?

One of the common misconceptions we often find with new clients is the belief that workers’ compensation benefits only cover lost wages when you can’t work? That’s simply not true—what if you broke your glasses in a work-related accident, or cracked a tooth when a machine malfunctioned. Maybe you had a gash on your forehead or broke your nose while on the job? All of these situations are ones that entitle you to pursue workers’ compensation benefits.
New York City | Queens | Brooklyn | Bronx Workers’ Compensation Lawyers
There’s a critical caveat, though, related to obtaining workers’ compensation benefits for any work-related injury—you must take the right steps after the accident to protect your interests. What does that mean? First, you need to go to a doctor, dentist, ophthalmologist or other treating medical professional. That person will need to provide documentation about the following:

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

What Are Consequential Injuries in a Workers’ Compensation Case?
So you’ve been hurt at work…maybe you hurt your knee or your hip. Because of the injury, you start to have other physical problems. You might have back pain or joint or muscle pain in your other leg because you are favoring the injured leg. You may experience depression because you’ve lived an active lifestyle and now find yourself stuck in a chair all day.

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