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Author: Michael Serres, ESQ.

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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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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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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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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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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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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