What Does Your Lawyer Need to Prepare for Your Workers’ Compensation Hearing?
New York City | Queens | Brooklyn | Bronx Workers’ Compensation Lawyers What Does Your Lawyer Need to Prepare for Your Workers’ Compensation Hearing? If
New York City | Queens | Brooklyn | Bronx Workers’ Compensation Lawyers What Does Your Lawyer Need to Prepare for Your Workers’ Compensation Hearing? If
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?
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?
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.
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:
Third Party Claims for Work-Related Injuries
You’ve been hurt on the job. Maybe you were in a car accident while performing the duties of your employment. Maybe you slipped and fell, or were hurt when a machine or tool malfunctioned. Your first course of action will likely be to file a workers’ compensation claim. Under New York law, when you’ve been hurt on the job, you have a right to seek benefits through such a claim.
But is that your only recourse to recover compensation? Not necessarily.
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:
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:
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.
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?
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