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Tag: new york city workers compensation attorneys

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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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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Queens | NYC | Brooklyn |Bronx Workers Compensation Attorneys

Can You Receive Workers’ Compensation Benefits If You Are Paid Off the Books?
Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

It’s a fairly common practice, in New York and in other states, for employers to have some employees who are paid “off the books.” Maybe you’re not needed full-time, so your employer prefers an independent contractor relationship. Maybe you’re an undocumented immigrant and don’t have a Social Security card. But what happens if you are hurt on the job? Are you entitled to file for workers’ compensation benefits, or are those payments only available to employees of a company?

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Understanding Scheduled Loss of Use Awards under New York Workers’ Compensation Laws

If you have been injured on the job in New York, you have a right to file a claim for benefits under the state’s workers’ compensation program. Generally, if your claim is approved, you will receive weekly benefits based on your average weekly wage and the extent of your injury. However, if you suffer an injury to one of your extremities, you may also be entitled to a cash payment for any permanent damage to that extremity. Such an award is known as a scheduled loss of use, or SLU, award.

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What to Do When You Have Been Hurt at Work

Under the laws of New York, if you have been hurt on the job, you have a right to seek benefits under the state’s workers’ compensation system. The program is what has been commonly referred to as the “grand bargain.” Essentially, this means that workers and employers should both benefit from the system—workers can have quicker access to needed benefits, without the need to go to court; and employers can avoid the often exorbitant awards juries hand out.

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New York Horse Owners/Trainers Significant Increase in Workers Compensation Rates

In a last-minute deal, horse owners and trainers have avoided a substantial increase in workers’ compensation premiums for jockeys and exercise riders in 2016.

In New York, workers’ compensation insurance premiums to cover jockeys and exercise riders are paid into the Jockey Injury Compensation Fund, which then purchases workers’ compensation insurance through the New York State Insurance Fund. Premium payments are assessed to owners and trainers.

Under New York law, the Jockey Injury Compensation Fund is required to submit a funding plan for the next year by November 15 of the current year. The Fund failed to meet that deadline for the second year in a row, prompting the Gaming Commission to issue an emergency rule, substantially increasing rates.

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