Can You Lose Your Job if You File a Workers’ Compensation Claim?
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
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
Don’t Let Workers’ Compensation Investigators Ruin Your Claim with Video Footage! Queens |NYC| Brooklyn |Bronx Workers’ Compensation Attorneys When you have been hurt on the
The Regulations Doctors Must Follow When Treating Patients with Workers’ Compensation Claims
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When you have been hurt on the job in New York, you have a right to seek workers’ compensation benefits, which include compensation for lost wages, as well as payment of or reimbursement for medical expenses. You will most likely be required to submit to an examination by a company approved doctor, but you can also seek medical treatment from a physician of your choice. There are, however, specific guidelines that your treating doctor must follow.
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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
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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
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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:
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 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:
What Does My New York Workers’ Compensation Cover?
One of the common misconceptions we often find with new clients is the belief that workers’ compensation benefits only cover lost wages when you can’t work? That’s simply not true—what if you broke your glasses in a work-related accident, or cracked a tooth when a machine malfunctioned. Maybe you had a gash on your forehead or broke your nose while on the job? All of these situations are ones that entitle you to pursue workers’ compensation benefits.
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There’s a critical caveat, though, related to obtaining workers’ compensation benefits for any work-related injury—you must take the right steps after the accident to protect your interests. What does that mean? First, you need to go to a doctor, dentist, ophthalmologist or other treating medical professional. That person will need to provide documentation about the following:
So you’ve been hurt on the job and need to apply for workers’ compensation benefits, but you’ve heard from others that it can be a complicated process, that a lot of seemingly legitimate claims are denied. It’s true—employers and insurance companies will go to great lengths to avoid paying benefits under the New York workers’ compensation system. The attorney that you choose to handle your case can make a big difference in how much you recover or whether you get any benefits at all. Here are some things you should look for when hiring a workers’ compensation attorney.
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