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If I Return to Work Making Less Money, Am I Still Entitled to Workers’ Compensation Benefits?

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

So you’ve been hurt at work and you can’t perform your old job. What happens if you go back to work at a different position, making less money than you were before your injury? Are you still entitled to seek workers’ compensation benefits for what you have lost? The answer is yes!

Under the New York workers’ compensation laws, an injured worker can make what is known as a “reduced earnings award.” In fact, you can be compensated up to 2/3 of the difference between the statutory maximum and what you are making after your injury.

The key factor in being able to successfully file a reduced earnings award? You must be under the treatment of a doctor. You must see a doctor on a regular (monthly) basis, and the doctor must document that you have a medical condition and that condition is causing you to earn less than before the accident.

If I Go Back to Work Making Less, Can I Still Collect Workers’ Compensation Benefits

Experienced NYC | Brooklyn | Bronx | Queens Workers’ Compensation Attorneys

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in Queens, Brooklyn, 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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