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Can You Work and Collect Workers’ Compensation at the Same Time?

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

When you have been hurt on the job in New York, you have the right to seek workers’ compensation benefits to cover lost wages and medical expenses. The objective is to provide benefits for you until you can return to work. But what if you can return to work only in a job that pays less money than either your job or your workers’ compensation benefits pay? Do you have to give up all right to workers’ compensation benefits if you return to work in any capacity? The answer is “no.”

Under New York law, you can file a workers’ compensation claim for reduced benefits. Known as a reduced earnings award, this allows you to recover two-thirds of the difference between any earnings you have and the statutory maximum for your injuries. A key requirement, however, is that you must be under medical treatment in order to collect workers’ compensation benefits. You must follow up with you doctor on a monthly basis and that doctor must document that the reason you are earning less is because of the work-related injury.

Can You Work and Collect Workers’ Compensation at the Same Time?

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

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

About The Author

Picture of Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.

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