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Tag: Brooklyn Workers Comp Attorneys

Can You Still Get Workers’ Compensation Benefits if You Go Back to Work?

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.

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Hiring a Workers’ Compensation Attorney

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:

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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.

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The Workers’ Compensation Board Ruled Against You—Now What?

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

The Workers’ Compensation Board Ruled Against You—Now What?

You got hurt on the job and it seemed like an open and shut case—then the workers’ compensation board ruled against you. Now what do you do? What are your options?

If you receive a decision that seems inconsistent with the facts, that you feel is unjustified, there are a number of different levels of appeal:

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

Should You Hire an Attorney to Handle Your Workers’ Compensation Claim?

You’ve been hurt at work and it’s a pretty clear-cut case. You can complete and file the application for benefits, right? You don’t need a lawyer to help you, do you? At least that’s what the workers’ compensation insurance providers will tell you.

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What to Do at a Workers’ Compensation Insurance Company Medical Examination

You’ve been injured at work, notified your employer and filed a workers’ compensation claim. You’ve received notice that you must submit to a physical examination by a doctor chosen by the workers’ compensation insurance company or by your employer. What’s the best strategy for how to handle this exam?

First and foremost, it’s important to be as honest as possible. Don’t exaggerate or minimize the impact of the injury. Be specific about what limitations the injury places on you. If you are still able to perform many of the daily tasks in your life, admit that. If you overstate the impact of your injury and the workers’ compensation insurance company sends out a private investigator who videotapes you doing things you said you couldn’t do, your claim will likely be completely rejected.

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

Don’t Think That Your Injury is Too Insignificant for a Workers’ Compensation Claim

There’s a tendency, when you are injured on the job, to believe that your injury must be serious and catastrophic before you should contact a workers’ compensation lawyer or file a claim. That’s not necessarily true. You may have minor injuries that don’t keep you from doing your job that simply heal and go away. But there are also what are known as consequential injuries—injuries that do not occur at the time of the accident, but arise because of some injury you suffered at work. If those consequential injuries prevent you from doing your job or limit what you can do, you have a right to workers’ compensation benefits. Let’s look at an interesting case we handled.

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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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