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Tag: queens workers compensation attorneys

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.

28 November 2016 No Comments

Do You Know What Workers’ Compensation Benefits Will Cover?

Knowing What Workers’ Compensation Will Cover

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

When you suffer a serious injury on the job, such as a broken bone, torn ligament or herniated disc, you can be pretty certain that any losses associated with that injury will be covered by a workers’ compensation claim. But what about seemingly minor injuries? What if you crack a tooth in a slip and fall on the job? What if a work-related mishap causes you permanent scarring or disfigurement?

The answer is that workers’ compensation is responsible to pay for all types of losses, provided the loss was sustained in a job-related accident or incident. Here’s the important caveat, though—you must have all necessary medical records and documentation to support your claim:

11 November 2016 No Comments

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

Beware of Insurance Company Investigators!

When you file for workers’ compensation, it’s not unusual for the workers’ compensation insurance company to send out a private investigator to videotape you without your knowledge. They’ll try to show you doing things that you shouldn’t be able to do with the injury you are claiming, including working on other jobs. It’s not uncommon for these investigators to confront you, ask you questions on camera and try to make it look like your claim is fraudulent.

14 October 2016 No Comments

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.

18 August 2016 No Comments

Astoria Queens Workers Compensation Attorneys

Under Section 32 of the New York workers’ compensation laws, an injured worker can enter into a settlement with his or her employer and the employer’s workers’ compensation insurance carrier. Instead of receiving weekly benefits for a specific period of time, the injured party will typically receive a lump sum payment. There are situations where that may be beneficial for an injured worker and other situations where it will not. You should always discuss the matter with an attorney.

Some reasons you may want to consider a settlement include your age or financial needs. If you are older and would typically receive a weekly award for a long period of time, it may be advantageous to pursue a settlement. However, when you enter into a Section 32 settlement, you customarily exchange the lump sum distribution for an agreement to relinquish any right to weekly benefits and medical treatment.

10 June 2016 No Comments

How Does a Prior Injury Affect Your Eligibility for Workers’ Compensation Benefits?

In New York, when you have been injured on the job, you have a right to seek benefits under the state’s workers’ compensation system. In fact, the workers’ compensation system is generally your sole remedy or means of recovering compensation for injuries caused by the carelessness or negligence of your employer or a co-employee. But what if you had a prior injury—work-related or not—to the same part of your body? What if you hurt your knee on the job six months or two years ago? Will you be eligible to obtain workers’ compensation benefits for the same or a similar injury?

15 March 2016 No Comments

Niagara Falls Man Charged with Workers Compensation Fraud

A New York man has been charged with at least two criminal counts after authorities say he wrongfully collected workers’ compensation while self-employed. The defendant had repeatedly reported to workers’ compensation officials that he was not working at all. Documents filed with the court indicate that, during a 13-year-period, the man received more than $82,000 in workers’ compensation payments while earning in excess of $370,000.

19 January 2016 No Comments

A triumphant Werner Schuler, a Queens MTA employee, receiving his long-awaited workers' compensation payment after a six-year battle for justice.

Workers Compensation Attorneys

Queens Subway Worker Finally Gets Work Compensation Payment

Six Year Battle Finally Brings Workers Compensation Payment

After six years of trying to collect on an approved workers’ compensation claim, a Queens employee of the MTA has finally seen a payment. Werner Schuler, a longtime employee of the Metropolitan Transportation Authority, injured his knee back in 2008 and was unable to perform his job for more than a year. He sought workers’ compensation benefits and ultimately won his grievance, but until recently had not seen a dime of the money.

14 January 2016 No Comments

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