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Author: Michael Serres, ESQ.

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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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10 June 2016 No Comments

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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17 May 2016 No Comments

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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11 May 2016 No Comments

Queens and New York Workers Compensation Lawyers

What are the Cash Benefits under the New York Workers Compensation Law?

When you have been hurt on the job and need to file a workers’ compensation claim, you want to know what types of cash benefits you may be entitled to receive.

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27 April 2016 No Comments

Can I Sue My Employer for Injuries Suffered at Work?

If you have been hurt on the job and can’t work, or have extensive medical bills, you may be wondering if you have the right to sue your employer for any of your losses. This blog looks at if, and when, you may file a lawsuit for injuries suffered in a workplace accident.

As a general rule, you cannot sue an employer when you are hurt on the job in New Jersey. Under the state’s workers’ compensation system, a workers’ compensation claim is what is known as your “exclusive remedy” for any wrongdoing by your employer that causes you injury. The requirement that you pursue any work-related injury claims through a workers’ compensation filing is what is commonly referred to as the “grand bargain,” as it supposedly benefits both workers and employers. Workers can ideally obtain benefits in a more timely manner without the cost of litigation. Employers don’t have to worry that a jury will return a huge damage award.

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22 April 2016 No Comments

What to Look for in a Workers’ Compensation Lawyer

So you’ve been hurt on the job and need to apply for workers’ compensation benefits, but you’ve heard from others that it can be a complicated process, that a lot of seemingly legitimate claims are denied. It’s true—employers and insurance companies will go to great lengths to avoid paying benefits under the New York workers’ compensation system. The attorney that you choose to handle your case can make a big difference in how much you recover or whether you get any benefits at all. Here are some things you should look for when hiring a workers’ compensation attorney.

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14 April 2016 No Comments

What Fees Do I Have to Pay My Lawyer in a Workers’ Compensation Case?

If you’ve suffered an injury on the job, or contracted an illness that’s work-related in New York, you have a right to seek benefits under the state’s workers’ compensation system. In fact, in many instances, it’s your exclusive remedy, meaning that you cannot file a lawsuit in court to recover for your losses. But if you’ve never been involved in legal matters before, or even if you have, you may be worried about what costs you will incur. After all, if you can’t work because of your injury, chances are good that things are already pretty tight. This blog addresses the issue of any fees that must be paid to your lawyer in a workers’ compensation case.

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6 April 2016 No Comments

Understanding Scheduled Loss of Use Awards under New York Workers’ Compensation Laws

If you have been injured on the job in New York, you have a right to file a claim for benefits under the state’s workers’ compensation program. Generally, if your claim is approved, you will receive weekly benefits based on your average weekly wage and the extent of your injury. However, if you suffer an injury to one of your extremities, you may also be entitled to a cash payment for any permanent damage to that extremity. Such an award is known as a scheduled loss of use, or SLU, award.

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30 March 2016 No Comments

How Does the Workers’ Compensation Insurance Company View Your Claim?

When you have been injured at work in New York, in most instances, your exclusive remedy will be through a workers’ compensation claim. The workers’ compensation system is often referred to as the “grand bargain,” as it is supposed to benefit both sides. Employers (and workers’ compensation insurance companies) reap the benefit of specific dollar amounts, so they don’t have to worry about large damage claims from a judge or jury. Workers are supposed to benefit from the relative ease of filing a claim, and the speed with which benefits will start to be paid.

It seems like a straightforward and simple system—you’ve been injured, incurred medical expenses and lost time at work. Your attorney will work hard to ensure that you get payment for all your losses, including:

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25 March 2016 No Comments

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