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Author: Michael Serres, ESQ.

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Why Would a Workers’ Compensation Hearing Be Scheduled

When you’ve been injured on the job, it should be a simple process to get the workers’ compensation benefits to which you are entitled, right? It’s just a matter of notifying your employer, getting confirmation of your injuries from a doctor, and filling out the appropriate paperwork, isn’t it? So you’ve done that, but now you’ve received a notice that a hearing will be scheduled to determine whether you’ll get benefits. Why would there need to be a hearing? Here are some of the reason the workers’ compensation judge may schedule a hearing.

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19 April 2017 No Comments

Your Workers’ Compensation is Denied—What Can You Do?

Injured on the job?

It’s not uncommon, when you’ve been hurt on the job, for the New York Workers’ Compensation Board to initially reject your claim, even if the facts seemed to indicate that you clearly qualified for benefits. If you believe the decision is simply wrong, what are your options?

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11 April 2017 No Comments

Can You Lose Your Job for Filing a Workers’ Compensation Claim?

Queens |NYC| Brooklyn |Bronx Workers’ Compensation Attorneys

Your employer has a vested interest in not paying a workers’ compensation claim or in minimizing the amount paid to you, as any legitimate claims paid will typically increase their workers’ compensation insurance premiums. In addition, when you are off work because of an injury, your employer may feel the need to replace you to meet production goals. Can your employer terminate you because you’ve filed a workers’ compensation claim, whether in retaliation for filing the claim or to fill your position?

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8 March 2017 No Comments

Will a Pre-Existing Injury Bar You from Collecting for a New Injury?

Queens |NYC| Brooklyn |Bronx Workers’ Compensation Attorneys

Let’s suppose that you hurt your neck in a work-related accident a couple years ago, or five years ago, and you successfully filed a workers’ compensation claim. You recovered from your injury and went back to work. Now you suffer another injury at work, also to your neck. Will your employer be able to successfully deny your claim, arguing that the injury was a pre-existing condition and that the injury was not caused by your employment?

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28 February 2017 No Comments

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

Astoria, Queens Workers Comp Lawyers

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

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24 February 2017 No Comments

Hiring a Workers’ Compensation Attorney

Astoria, Queens Workers Comp Lawyers

New York City | Brooklyn | Bronx Workers’ Compensation Lawyers
If you have been injured at work and you need to file a workers’ compensation claim, here are some basic questions to ask to ensure you get the representation you need:

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21 February 2017 No Comments

Queens |NYC| Brooklyn |Bronx Workers’ Compensation Attorneys

Third Party Claims for Work-Related Injuries

You’ve been hurt on the job. Maybe you were in a car accident while performing the duties of your employment. Maybe you slipped and fell, or were hurt when a machine or tool malfunctioned. Your first course of action will likely be to file a workers’ compensation claim. Under New York law, when you’ve been hurt on the job, you have a right to seek benefits through such a claim.
But is that your only recourse to recover compensation? Not necessarily.

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21 February 2017 No Comments

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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23 January 2017 No Comments

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