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Tag: Bronx Workers Compensation Attorneys

Workers’ Compensation Cover Wrongful Death in the Workplace?

Do Surviving Family Members Have Any Recourse after a Workplace Fatality?

When you’ve contracted an illness or sustained an injury on the job in New York, you know that you have a right to pursue compensation for lost wages, as well as any unreimbursed medical expenses while you are unable to work. But what are the rights of your surviving family members if you die from an occupational illness or are killed in a workplace accident? Can your dependents seek compensation for the loss of support, the loss of companionship or consortium, or any medical bills incurred because of your death? Yes, they can.

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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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What Are the NY Workers’ Compensation Cash Benefits?

Experienced Queens Workers Compensation Attorneys

Under New York’s workers’ compensation laws, if you have been hurt on the job, you are potentially entitled to compensation for:

All medical costs associated with the injury
A percentage of your lost wages or income
A cash payment for certain types of permanent injuries

To determine the amount of the cash payments to you for lost wages, the law starts with a determination of your average weekly wage (AWW) for the 52-week period immediately preceding your injury. If your injury prevents you from working at all, you may then receive up to 2/3rds of your average weekly wage. There is, however, a cap on the amount that you can receive per week—the current cap, established in 2015, is $844.29 per week. It’s important to understand that, if you are out of work because of a work-related injury, you must remain under the care of your doctor to qualify for cash benefits for lost wages. Depending on the severity of your injury, you may be entitled to benefits for up to 10 years, or even for life, if you are permanently and totally disabled.

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