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Tag: queens workers compensation attorneys

Your Right to Death Benefits in a Workers’ Compensation Case

You Have a Right to Pursue Death Benefits When a Family Member is Killed on the Job

Under the New York workers’ compensation laws, when you are hurt on the job or contract an illness because of exposure to toxic conditions or substances at work, you have a right to pursue temporary or permanent benefits. But what if the injury is fatal? Do your survivors have a right to seek death benefits in a workers’ compensation claim? The answer—a resounding yes!!

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Understanding the New York Workers’ Compensation Medical Guidelines

The Regulations Doctors Must Follow When Treating Patients with Workers’ Compensation Claims
Queens |NYC| Brooklyn |Bronx Workers’ Compensation Attorneys

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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Why Would a Workers’ Compensation Hearing Be Scheduled

When you’ve been injured on the job, it should be a simple process to get the workers’ compensation benefits to which you are entitled, right? It’s just a matter of notifying your employer, getting confirmation of your injuries from a doctor, and filling out the appropriate paperwork, isn’t it? So you’ve done that, but now you’ve received a notice that a hearing will be scheduled to determine whether you’ll get benefits. Why would there need to be a hearing? Here are some of the reason the workers’ compensation judge may schedule a hearing.

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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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Workers’ Compensation | An Overview | Part Two

An Overview on Workers’ Compensation Queens, NY

In Part One, we talked about the origins of the workers’ compensation laws, as well as the basic framework–workers’ compensation essentially works as insurance that provides medical, wage and potential cash benefits to injured workers. In this blog, we’ll talk about fault and what you should do immediately following a workplace injury.

The New York Workers’ Compensation System is a No-Fault Law

Under the New York workers’ compensation program, it doesn’t matter who caused the accident—all that is required is that you were injured while working. Accordingly, even if it was your negligence or carelessness that caused the accident, you are still entitled to compensation. If your injuries are intentionally self-inflicted, you were intoxicated at the time the injury or you were performing tasks unrelated to your job at the time of the injury, you may not be eligible for benefits.

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Can You Be Denied Workers’ Compensation because Your Employer Pays You Off the Books?

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:

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Preparing for a Workers’ Compensation Hearing

If you’ve been hurt at work, your first course of action will be to file a workers’ compensation claim. If you are one of the lucky few, your application for benefits will be granted without a challenge from your employer or the workers’ compensation insurance company. In most instances, though, your claim will be initially denied and you’ll have to ask for a hearing to determine the merits of your claim. What will your attorney need to prepare for that hearing?

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