Pyrros Serres by cjleclaire
Workers Compensation,Social Security Disability,Personal Injury Attorneys
Jan 05, 2016 | 6071 views | 0 0 comments | 107 107 recommendations | email to a friend | print | permalink

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What Does Your Lawyer Need to Prepare for Your Workers’ Compensation Hearing?
by cjleclaire
Mar 16, 2017 | 1608 views | 0 0 comments | 107 107 recommendations | email to a friend | print | permalink

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

What Does Your Lawyer Need to Prepare for Your Workers’ Compensation Hearing?

If you’ve been injured at work and your employer or the workers’ compensation insurance company has challenged the claim, a hearing will be scheduled before a workers’ compensation judge to determine the validity of your claim. What will your attorney need to help maximize your chances of getting the benefits you need?

Medical Records

You’ll want to provide your lawyer with a full copy of all treatment records, as well as any diagnosis made by a doctor. Though your employer has the right to require that you be examined by a physician chosen by the employer, you can also seek care and a medical opinion from your own doctor. Make certain your doctor puts everything in writing, documenting all existing and potential conditions, as well as any treatment or tests you may require.

Wage Information

Workers’ compensation benefits in New York are calculated based on your wages immediately prior to your injury. The calculation takes your average weekly wage for the 52 weeks preceding your injury and gives you a percentage, based on the nature and degree of your injury.

workers compensation claim

All Legal Notices or Documents

You should immediately notify your attorney if you receive any document related to your case, whether it’s a notice of a hearing, a denial or other correspondence. You will then want to schedule a meeting with your attorney, so that your lawyer has accurate and current information about your injury and work status just prior to the hearing.

What Does Your Lawyer Need to Prepare for the Workers’ Compensation Hearing?

Experienced NYC | Queens | Bronx | Brooklyn Workers’ Compensation Lawyers

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview workers compensation page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

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Can You Still Get Workers' Compensation Benefits if You Go Back to Work?
by cjleclaire
Feb 24, 2017 | 4108 views | 0 0 comments | 273 273 recommendations | email to a friend | print | permalink

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.

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.

A specific requirement, though, is that you be under medical treatment to receive those benefits. You should schedule a monthly visit with your doctor and the doctor must document that the reason you are working a job that pays less money is that your work-related injury prevents you from returning to your former job.

What Happens When You Take a Job Paying Less—Can You Still Get Workers' Compensation Benefits?

Experienced NYC | Brooklyn | Bronx | Queens Workers' Compensation Attorneys

At Pyrros & Serres LLP, we handle all matters related to workers' compensation and Social Security disability claims for people in Queens, Brooklyn, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers' Compensation Attorneys



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Workers Compensation in Queens New York | Part One
by cjleclaire
Jan 20, 2017 | 7387 views | 0 0 comments | 105 105 recommendations | email to a friend | print | permalink

Queens NY Workers Comp.

by Pyrros & Serres LLP

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:

  • Any medical expenses related to the injury
  • A percentage of your lost wages or income due to the injury

There are also circumstances where an injured worker will be entitled to cash benefits at the end of a claim, based on the type of injury.

The workers’ compensation laws evolved as a compromise between employers and employees. Before the enactment of these laws, employers worried that injured employees might obtain exorbitant judgments from a sympathetic jury, and workers often had to wait months or years to see any benefit from a personal injury lawsuit. Known as the “grand bargain,” workers’ compensation insurance allows employers to manage and anticipate the costs of worker injuries, but also provides benefits to injured workers in a more timely manner.

Workers’ Compensation | An Overview

Experienced NYC | Queens | Bronx | Brooklyn Workers’ Compensation Lawyers

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

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Can You Be Denied Workers’ Compensation because Your Employer Pays You Off the Books?
by cjleclaire
Jan 13, 2017 | 7437 views | 0 0 comments | 587 587 recommendations | email to a friend | print | permalink
by Pyrros & Serres LLP

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 working at the time of the injury
  • The injury was suffered on the job or in a job-related activity

If you have been hurt on the job as an undocumented worker, you’ll want to immediately seek medical attention and ensure that the doctor you visit documents everything in writing. It’s likely that your employer won’t cooperate with any efforts to file a workers’ compensation claim, so you will probably be best served by immediately consulting with an experienced workers’ compensation attorney, so that you file all documents in a timely manner and you have access to medical care as soon as possible.

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

Experienced Queens |NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in the Bronx, Brooklyn, Queens and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

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The Workers’ Compensation Board Ruled Against You—Now What?
by cjleclaire
Nov 23, 2016 | 12564 views | 0 0 comments | 251 251 recommendations | email to a friend | print | permalink

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:

  • The first level of appeal—File a written appeal with the commissioners of the workers’ compensation board. Set forth the reasons, legally and factually, why you believe the workers’ compensation judge was wrong. You must file this appeal within 30 days of the date of the written notice of the denial of your initial claim. That date will be stamped at the bottom of your notice.
  • The next level of appeal—If you’ve submitted a written petition to the commissioners and disagree with their ruling, you can ask for a full board review of your claim, where all the commissioners will review your claim. At the same time, you can file an appeal with the appellate division of the State of New York for the 3rd Department, a court system that oversees the workers’ compensation board.

The New York Workers’ Compensation Board ruled against you—now what?

Experienced NYC | Brooklyn | Bronx | Queens Workers’ Compensation Attorneys

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in Queens, Brooklyn, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

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March 13, 2017
If you checked out these assignment answers, you would know laws better


New York City | Queens | Brooklyn | Bronx Workers' Compensation Lawyers
by cjleclaire
Oct 20, 2016 | 10842 views | 0 0 comments | 528 528 recommendations | email to a friend | print | permalink

Author: Pyrros & Serres LLP

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?

The form that you receive, notifying you of the examination with the company doctor—it's called an IME-5—tells you that the doctor has the right to determine whether he or she will videotape the examination. That may lead you to believe that it's solely at the discretion of the doctor whether the visit will be filmed. That is not the case—you always have the right to have your examination videotaped. In addition, the doctor's office cannot require that you provide any advance notice of your intention to audiotape or videotape the proceedings.

So what should you do if you arrive at the doctor's office, notify them of your intent to tape the exam, and they won't let you do that? You should graciously advise them that you won't submit to the exam unless you are allowed to tape it. It's not a bad idea to actually videotape that conversation, so that you have evidence of their refusal.

Your Rights in a Workers' Compensation Insurance Company Medical Exam

Experienced NYC | Queens | Bronx | Brooklyn Workers' Compensation Lawyers

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers' compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers' Compensation Attorneys

 

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Beware of Insurance Company Investigators!
by cjleclaire
Oct 20, 2016 | 10131 views | 0 0 comments | 513 513 recommendations | email to a friend | print | permalink

Author: Pyrros & Serres

When you file for workers' compensation, it's not unusual for the workers' compensation insurance company to send out a private investigator to videotape you without your knowledge. They'll try to show you doing things that you shouldn't be able to do with the injury you are claiming, including working on other jobs. It's not uncommon for these investigators to confront you, ask you questions on camera and try to make it look like your claim is fraudulent.

Consider a case that we handled. We represented a woman who worked as a maid in an affluent neighborhood. She was hurt on the job and sought workers' compensation benefits. The workers' compensation insurance company hired an investigator who followed her and obtained footage of her going into the same house in a different part of town (where she did not live) on regular occasions throughout the month. The investigator, a man of about 300 pounds standing 6'4'' inches tall, also confronted her and asked her questions about what she was doing. She was not a native American and spoke limited English, so she often did not understand what he was asking.

The investigator put together a report, alleging that she was going to the house to work as a maid, thereby suggesting that her workers' compensation claim was without merit. At trial, we showed that the home she went to when she was videotaped was that of a friend. We also showed that the investigator had intimidated her and had either taken some of her statements out of context or fabricated some of her responses. Our client was awarded the benefits she needed.

Beware of the bully investigator!

Experienced Queens |NYC | Brooklyn | Bronx Workers' Compensation Attorneys

At Pyrros & Serres LLP, we handle all matters related to workers' compensation and Social Security disability claims for people in the Bronx, Brooklyn, Queens and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers' Compensation Attorneys

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If I Return to Work Making Less Money, Am I Still Entitled to Workers’ Compensation Benefits?
by cjleclaire
Aug 25, 2016 | 9372 views | 0 0 comments | 499 499 recommendations | email to a friend | print | permalink

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

So you’ve been hurt at work and you can’t perform your old job. What happens if you go back to work at a different position, making less money than you were before your injury? Are you still entitled to seek workers’ compensation benefits for what you have lost? The answer is yes!

Under the New York workers’ compensation laws, an injured worker can make what is known as a “reduced earnings award.” In fact, you can be compensated up to 2/3 of the difference between the statutory maximum and what you are making after your injury.

The key factor in being able to successfully file a reduced earnings award? You must be under the treatment of a doctor. You must see a doctor on a regular (monthly) basis, and the doctor must document that you have a medical condition and that condition is causing you to earn less than before the accident.

If I Go Back to Work Making Less, Can I Still Collect Workers’ Compensation Benefits

Experienced NYC | Brooklyn | Bronx | Queens Workers’ Compensation Attorneys

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in Queens, Brooklyn, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

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Can I File Suit against My Employer if I Am Injured at Work?
by cjleclaire
Aug 18, 2016 | 7813 views | 0 0 comments | 349 349 recommendations | email to a friend | print | permalink

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

A question we frequently get from prospective clients has to do with whether or not an employer can be sued in court for a personal injury suffered on the job. The answer, as is often the case, is that it depends.

If your employer had a valid policy of workers' compensation insurance, as required by law, you cannot file a lawsuit for a personal injury, even if the employer was clearly at fault. That's the purpose of workers' compensation insurance. Under the workers' compensation laws, if your employer has workers' compensation insurance, your only recourse for wrongful acts by your employer or a co-employee are through a workers' compensation claim.

Historically, this is what is known as "the great bargain," designed to provide benefit to workers and employers. Theoretically, workers benefit because they have quicker access to benefits, without the cost of filing a lawsuit. Employers benefit because workers' compensation benefits are limited, so employers don't have to worry about unreasonably large jury verdicts.

There are a couple situations where you may be able to file suit in court. If your employer does not have workers' compensation insurance, you can pursue a claim outside of the workers' compensation system. Additionally, if you were injured by the actions of someone other than your employer or a co-employee, you can sue that person in court. In fact, you can have that lawsuit pending at the same time you have a workers' compensation claim pending against your employer.

Can I File a Suit Against My Employer If I Am Injured at Work?

Experienced NYC | Queens | Bronx | Brooklyn Workers' Compensation Lawyers

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers' compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers' Compensation Attorneys

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New York City | Queens | Brooklyn | Bronx Workers’ Compensation Lawyers
by cjleclaire
Jul 26, 2016 | 9540 views | 0 0 comments | 349 349 recommendations | email to a friend | print | permalink

Author: Pyrros and Serres,LLP

How Can Video Surveillance Affect Your Workers’ Compensation Claim?

When you have been hurt at work and have filed a workers’ compensation claim, you have to be concerned about the potential for being videotaped without your knowledge. Workers’ compensation insurance companies routinely send private investigators to clandestinely film claimants, looking for evidence that a claim may be bogus. So you can worry “how much can I do around the house? Will I jeopardize my claim if I try to mow the lawn?”

There’s a simple way to minimize the risk that you’ll have any problems with someone videotaping your activities—be honest with doctors at all times. If you think you can mow the lawn, tell the doctor this. If you don’t think you can, don’t do it. Your primary objective is to return to full health. This may require that you engage in little physical activity. Now is not the time to test your limits—it’s the time to rest and let your body heal.

Don’t try to make your case to be more or less than it actually is, and don’t tell your doctor anything that you don’t believe to be true. If you say that you need a cane to walk, but you decide to try to play tennis or ride a bike, you might be caught on camera, and your case will be destroyed. If you tell your doctor you can’t lift heavy items and you are taped carrying kegs of beer, you can forget your claim.

This doesn’t mean you have to be locked in your house. It simply means that anything you tell your doctor must be corroborated by your actions and lifestyle.

How Can Video Surveillance Affect Your Workers’ Compensation Claim?

Experienced NYC | Brooklyn | Bronx | Queens Workers’ Compensation Attorneys

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in Queens, Brooklyn, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

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