Free Case Evaluation AVAILABLE 24/7

Author: Michael Serres, ESQ.

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.

Read More »

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:

Read More »

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:

Read More »

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:

Read More »

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.

Read More »

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.

Read More »

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?

Read More »

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.

Read More »

The Workers’ Compensation Board Ruled Against You—Now What?

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

The Workers’ Compensation Board Ruled Against You—Now What?

You got hurt on the job and it seemed like an open and shut case—then the workers’ compensation board ruled against you. Now what do you do? What are your options?

If you receive a decision that seems inconsistent with the facts, that you feel is unjustified, there are a number of different levels of appeal:

Read More »

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

Should You Hire an Attorney to Handle Your Workers’ Compensation Claim?

You’ve been hurt at work and it’s a pretty clear-cut case. You can complete and file the application for benefits, right? You don’t need a lawyer to help you, do you? At least that’s what the workers’ compensation insurance providers will tell you.

Read More »