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Author: Michael Serres, ESQ.

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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

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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20 January 2017 No Comments

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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15 January 2017 No Comments

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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13 January 2017 No Comments

Am I Eligible for Workers’ Compensation Benefits?

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

Am I Eligible for Workers’ Compensation Benefits?

Like every other state, New York has workers’ compensation laws designed to be the primary (and sometimes exclusive) remedy when a person is hurt on the job. But there are specific requirements for eligibility for workers’ compensation benefits—not every injury that keeps you from working will qualify you for workers’ compensation payments.

The basic criteria to qualify for workers’ compensation benefits are:

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22 December 2016 No Comments

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

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.

Under the New York workers’ compensation laws, you can make a claim for what is known as a “reduction in earnings,” also known as a “reduced earnings award.” The law allows you to recover up to 2/3rds of your average weekly wage, up to the statutory maximum. So, for example, if you were making $600 a week before your injury, you are entitled to $400 per week. If your new job only pays you $300 per week, you can file a claim for an additional $100 per week.

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19 December 2016 No Comments

The Day of Your Workers’ Compensation Hearing—Some Advice

The Day of Your Workers’ Compensation Hearing—Some Advice

If your initial application for workers’ compensation benefits has been rejected, you will need to attend a hearing to pursue your claim any further. Here are some tips for making the best impression at that hearing.

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15 December 2016 No Comments

Preparing for a Workers’ Compensation Hearing

If you’ve been hurt at work, your first course of action will be to file a workers’ compensation claim. If you are one of the lucky few, your application for benefits will be granted without a challenge from your employer or the workers’ compensation insurance company. In most instances, though, your claim will be initially denied and you’ll have to ask for a hearing to determine the merits of your claim. What will your attorney need to prepare for that hearing?

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12 December 2016 No Comments

Permanently Partially Disabled or Permanently Totally Disabled?

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

Permanently Partially Disabled or Permanently Totally Disabled?

When you’ve been hurt on the job, and your injury is clearly permanent, requiring ongoing treatment for the rest of your life, the workers’ compensation board will have to make a decision as to how you will be classified—are you permanently partially disabled, or are you permanently totally disabled?

It’s important to understand that, until 2007, when a person was classified as permanently partially disabled (the vast majority of permanently injured workers are classified this way), that worker would be entitled to a weekly check for the rest of his life. In 2007, though, the state legislature increased the amount of permanent partial disability payments, but put a cap of 10 years on the award.

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28 November 2016 No Comments

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