In many occupations, minor scratches and bruises are often just a part of the daily grind. But you need to be careful—what can seem like nothing can develop into a serious health concern and can put you out of work for a while.
The Impact of a Prior Injury on a Current Workers’ Compensation Claim When you’ve been hurt on the job, even if the injury clearly seems
Your Workers Compensation Claim Is Denied—What Now?
You’ve been injured in an accident at work or you’ve become sick because of exposure to something on the job. It seems like a pretty straightforward claim, but don’t be surprised if your claim is initially rejected. It’s a common occurrence, even when you appear to have an “open and shut” case. What are your options now?
Queens | New York City | Brooklyn | Bronx Workers’ Compensation Lawyers Under the workers’ compensation in New York, when you have been injured on
Queens Workers Compensation Lawyers Can your employer terminate you in retaliation for filing a valid workers’ compensation claim? You’ve been injured on the job and
When you have been injured at work, your injuries can extend beyond the obvious ones. What happens if you slip and fall, breaking a bone,
Experienced Queens Workers Compensation Attorneys
Under New York’s workers’ compensation laws, if you have been hurt on the job, you are potentially entitled to compensation for:
All medical costs associated with the injury
A percentage of your lost wages or income
A cash payment for certain types of permanent injuries
To determine the amount of the cash payments to you for lost wages, the law starts with a determination of your average weekly wage (AWW) for the 52-week period immediately preceding your injury. If your injury prevents you from working at all, you may then receive up to 2/3rds of your average weekly wage. There is, however, a cap on the amount that you can receive per week—the current cap, established in 2015, is $844.29 per week. It’s important to understand that, if you are out of work because of a work-related injury, you must remain under the care of your doctor to qualify for cash benefits for lost wages. Depending on the severity of your injury, you may be entitled to benefits for up to 10 years, or even for life, if you are permanently and totally disabled.
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.
What Are Consequential Injuries in a Workers’ Compensation Case?
So you’ve been hurt at work…maybe you hurt your knee or your hip. Because of the injury, you start to have other physical problems. You might have back pain or joint or muscle pain in your other leg because you are favoring the injured leg. You may experience depression because you’ve lived an active lifestyle and now find yourself stuck in a chair all day.
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