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Tag: Brooklyn & the Bronx Workers Compensation

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

Your Rights During a Workers’ Compensation Insurance Company Medical Exam

When you’ve been hurt on the job and you file a claim for workers’ compensation, one of the first steps you’ll have to take is to submit to a medical examination by a company-selected doctor. Based on that physician’s findings, your claim will generally be approved or rejected. So what are your rights with respect to such an exam?

Can You Refuse to Be Examined by a Company Doctor?

It’s a requirement that you be checked out by a doctor chosen by the insurance company or by your employer. That does not mean, however, that you cannot go to your own doctor or that you cannot get a second opinion. If the findings of the company doctor differ from those of your doctor, the workers’ compensation judge will have to make a decision regarding what evidence is most credible and may even have you obtain a third opinion.

Can You Videotape the Exam?

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Workers’ Compensation Attorneys in Queens, NYC, Brooklyn and the Bronx

The Lengths to Which Workers’ Compensation Insurance Companies Will Go to Deny a Claim

It often seems like a workers’ compensation claim should be simple—you were hurt at work, you have witnesses, you even have a medical opinion. But here’s what you need to understand–workers’ compensation insurance companies have a vested interest in paying as little as possible to settle your claim—so does your employer.

Workers’ compensation insurance companies make their money by maximizing premiums and minimizing payouts—it’s that simple. So they’ll look for any opportunity to deny your claim and they’ll use their size and financial resources to make you keep fighting. Your employer’s workers’ compensation premiums are based, in part, on the number of claims the insurance company has to pay on their behalf. The more claims, the higher the premium, so you can see the incentive to reject your claim.

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Can Your Employer Deny Your Claim by Calling You an Independent Contractor?

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

Can Your Employer Deny Your Claim by Calling You an Independent Contractor?

One of the classic ways in which an employer or a workers’ compensation insurance company will attempt to deny coverage for an injury is to allege that you weren’t really an employee, you were an independent contractor. They’ll allege that you were your own boss, that you had your own business, that their coverage is only for employees and that you should have had your own policy of workers’ compensation insurance.

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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.

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Workers Compensation and Social Security Lawyers

Workers’ Compensation | Social Security Disability | Personal Injury

If you have questions or concerns about a work-related injury, a Social Security disability claim, Workers Compensation, or any type of personal injury, you’ve come to the right place—the blog for the experienced lawyers at Pyrros & Serres LLP. Our attorneys bring more than 50 years of combined experience to every case we take. We’ll be at your side throughout the legal process. Our staff will help you put together the necessary documentation and file your claim for the benefits you need. We’ll be your advocate with your employer or the work comp insurance company, if necessary. We’ll also be your voice at all administrative proceedings and legal hearings.

In our blog, we’ll provide you with helpful information about the law, as well as your rights, so that you can make good decisions about your case and how you want to proceed. We’ll cover a broad range of topics, including:

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