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Proving That Your Injury Was Work-Related

Proving That Your Injury Was Work-Related

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

In the aftermath of a work-related injury, one of the first things you’ll likely do is file a workers’ compensation claim, seeking benefits for any time period during which your injury prevents you from working. Under the rules governing New York workers’ compensation claims, you can qualify for benefits if you suffered an injury while in the course of your employment. One of the ways that your employer or the workers’ compensation insurance company will typically try to challenge your claim is by alleging that your injury was not sustained on the job. Here are some arguments to watch out for when you’ve filed a workers’ compensation claim:

  • Your employer attempts to deny your claim because “there were no witnesses, so you can’t prove that it was work-related”—While it’s helpful to have an eyewitness to your injury, it’s not a requirement. Cases are often successfully made with circumstantial evidence.
  • Your employer contends that you are not eligible for workers’ compensation because the injury occurred while you were on a break –If you were still on company property, you’ll typically be eligible for workers’ compensation for any injury suffered, whether in a break room or even outside on company premises. If you leave company property during a break, you lose the right to recover workers’ compensation for injuries suffered, unless you were completing a word-related task at the time.
  • Your employer denies a claim for injuries suffered on a company social function—Company social functions are considered to be work-related for purposes of workers’ compensation.

Proving That Your Injury Was Work-Related

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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