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Year: 2016

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

When you have been hurt at work and have filed a workers’ compensation claim, you have to be concerned about the potential for being videotaped without your knowledge. Workers’ compensation insurance companies routinely send private investigators to clandestinely film claimants, looking for evidence that a claim may be bogus. So you can worry “how much can I do around the house? Will I jeopardize my claim if I try to mow the lawn?

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Workers’ Compensation Attorneys in Queens, NYC, Brooklyn and the Bronx

What Happens If You Die in a Work-Related Accident?

Under New York law, if you are injured on the job, you have a right to seek workers’ compensation benefits to cover lost wages and to pay for medical care. But what happens if you are killed in a work-related accident? Do your dependents have any recourse for loss of support or loss of companionship/consortium? The answer is yes.

Pursuant to New York’s workers’ compensation statute, in the event you die in a job-related incident, a claim can be filed by your spouse, your children or your estate. Furthermore, the parents of a person killed in a work accident may be eligible for what is known as a “no-dependency award” if the deceased had no wife or children. The parents would also be entitled to a certain amount for funeral expenses.

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Queens | NYC | Brooklyn |Bronx Workers Compensation Attorneys

Can You Receive Workers’ Compensation Benefits If You Are Paid Off the Books?
Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

It’s a fairly common practice, in New York and in other states, for employers to have some employees who are paid “off the books.” Maybe you’re not needed full-time, so your employer prefers an independent contractor relationship. Maybe you’re an undocumented immigrant and don’t have a Social Security card. But what happens if you are hurt on the job? Are you entitled to file for workers’ compensation benefits, or are those payments only available to employees of a company?

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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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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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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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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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The Zadroga Act—What is It and How Does It Affect Workers’ Compensation?

In the aftermath of September 11, 2001, many people volunteered to help clean up after the devastation of the twin towers at the World Trade Center. Many of those volunteers subsequently developed illnesses as a direct result of their exposure to toxins, dust and debris in the vicinity of Ground Zero.

In January, 2011, President Obama signed the Zadroga Act, a federal statute that allows not only for the reopening of claims related to illness or injury at Ground Zero, but also extends certain benefits to which claimants may be entitled, such as health monitoring and monetary benefits to replace lost income due to an illness. The Zadroga Act draws its name from James Zadroga, a 34-year-old detective with the New York Police Department, who died after inhaling asbestos, toxic chemicals and cement dust over the course of 500 hours at Ground Zero. He was one of more than 200 firefighters or police officers who died as a result of the attacks. Estimates say that approximately 33,000 others are suffering from illnesses tied to their exposure to the aftermath of September 11.

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What Are the New York Workers’ Compensation Medical Guidelines?

Astoria, New York ,Workers Compensation Attorneys

Starting in December, 2010, the Workers’ Compensation Board has implemented new medical guidelines for individuals injured at work, making changes in the ways that doctors can treat patients who have workers’ compensation claims. The first regulations addressed workers with back, neck, shoulder and knee injuries, and subsequent measures have identified the care that can be given for carpal tunnel and other conditions.

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