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If I Return to Work Making Less Money, Am I Still Entitled to Workers’ Compensation Benefits?

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

So you’ve been hurt at work and you can’t perform your old job. What happens if you go back to work at a different position, making less money than you were before your injury? Are you still entitled to seek workers’ compensation benefits for what you have lost? The answer is yes!

Under the New York workers’ compensation laws, an injured worker can make what is known as a “reduced earnings award.” In fact, you can be compensated up to 2/3 of the difference between the statutory maximum and what you are making after your injury.

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Can I File Suit against My Employer if I Am Injured at Work?

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

A question we frequently get from prospective clients has to do with whether or not an employer can be sued in court for a personal injury suffered on the job. The answer, as is often the case, is that it depends.

If your employer had a valid policy of workers’ compensation insurance, as required by law, you cannot file a lawsuit for a personal injury, even if the employer was clearly at fault. That’s the purpose of workers’ compensation insurance. Under the workers’ compensation laws, if your employer has workers’ compensation insurance, your only recourse for wrongful acts by your employer or a co-employee are through a workers’ compensation claim.

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

What Does My New York Workers’ Compensation Cover?

One of the common misconceptions we often find with new clients is the belief that workers’ compensation benefits only cover lost wages when you can’t work? That’s simply not true—what if you broke your glasses in a work-related accident, or cracked a tooth when a machine malfunctioned. Maybe you had a gash on your forehead or broke your nose while on the job? All of these situations are ones that entitle you to pursue workers’ compensation benefits.
New York City | Queens | Brooklyn | Bronx Workers’ Compensation Lawyers
There’s a critical caveat, though, related to obtaining workers’ compensation benefits for any work-related injury—you must take the right steps after the accident to protect your interests. What does that mean? First, you need to go to a doctor, dentist, ophthalmologist or other treating medical professional. That person will need to provide documentation about the following:

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

What Are Consequential Injuries in a Workers’ Compensation Case?
So you’ve been hurt at work…maybe you hurt your knee or your hip. Because of the injury, you start to have other physical problems. You might have back pain or joint or muscle pain in your other leg because you are favoring the injured leg. You may experience depression because you’ve lived an active lifestyle and now find yourself stuck in a chair all day.

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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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