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Month: January 2017

What Are the NY Workers’ Compensation Cash Benefits?

Experienced Queens Workers Compensation Attorneys

Under New York’s workers’ compensation laws, if you have been hurt on the job, you are potentially entitled to compensation for:

All medical costs associated with the injury
A percentage of your lost wages or income
A cash payment for certain types of permanent injuries

To determine the amount of the cash payments to you for lost wages, the law starts with a determination of your average weekly wage (AWW) for the 52-week period immediately preceding your injury. If your injury prevents you from working at all, you may then receive up to 2/3rds of your average weekly wage. There is, however, a cap on the amount that you can receive per week—the current cap, established in 2015, is $844.29 per week. It’s important to understand that, if you are out of work because of a work-related injury, you must remain under the care of your doctor to qualify for cash benefits for lost wages. Depending on the severity of your injury, you may be entitled to benefits for up to 10 years, or even for life, if you are permanently and totally disabled.

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Workers’ Compensation | An Overview | Part Two

An Overview on Workers’ Compensation Queens, NY

In Part One, we talked about the origins of the workers’ compensation laws, as well as the basic framework–workers’ compensation essentially works as insurance that provides medical, wage and potential cash benefits to injured workers. In this blog, we’ll talk about fault and what you should do immediately following a workplace injury.

The New York Workers’ Compensation System is a No-Fault Law

Under the New York workers’ compensation program, it doesn’t matter who caused the accident—all that is required is that you were injured while working. Accordingly, even if it was your negligence or carelessness that caused the accident, you are still entitled to compensation. If your injuries are intentionally self-inflicted, you were intoxicated at the time the injury or you were performing tasks unrelated to your job at the time of the injury, you may not be eligible for benefits.

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Workers Compensation in Queens New York | Part One

Queens NY Workers Comp.

You’ve been hurt on the job and can’t work. You’ve heard about “workers’ compensation,” but you really don’t know what it is or how it works. You’ll be best served by hiring an experienced attorney to guide you through the process, but here’s an overview of the workers’ compensation system to help you better understand what you can expect.

Workers’ Compensation is Insurance

It’s helpful to think of workers’ compensation as insurance, because it really is. Under New York law, every employer (with very limited exceptions) is required to purchase workers’ compensation insurance, designed to cover the costs of benefits paid to any injured worker. Workers’ compensation insurance is intended to cover two types of losses:

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Can You Be Denied Workers’ Compensation because Your Employer Pays You Off the Books?

Queens Workers’ Compensation Attorneys

You have been working a job, but getting paid under the table, so to speak. You get injured on that job—now you can’t work at all! If you were a documented employee of the company, you’d be able to file a workers’ compensation claim, but what can you do now? Are you simply out of luck? The answer is NO!

Under New York workers’ compensation laws, it does not matter if you were an employee of the company—accordingly, your employer cannot deny you the right to file a workers’ compensation claim because you were paid off the books, and cannot deny your claim because you were not an employee. The New York workers’ compensation laws only require that you meet two conditions:

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