How Does Your Lawyer Get Paid in a Workers’ Compensation Case?

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

When you’ve been hurt on the job, one of your first steps should be to notify your employer and file a workers’ compensation claim to cover medical expenses and lost income. But when you’ve suffered a job-related injury and can’t work, things get pretty tight pretty quickly. When you’re trying to put food on the table, one of the last things you want is to pay money to an attorney. So what do you do?

There’s good news—in New York, when you need to file a workers’ compensation claim, you never have to pay your attorney directly for any work done on your case, whether it’s preparing and filing the application for benefits, or appearing on your behalf at meetings or hearings. The amount that your lawyer will receive is determined by the workers’ compensation and by the workers’ compensation board, and will be calculated based on the range of services provided, as well as the amount of benefits the attorney secures for you.

In workers’ compensation cases, like other personal injury lawsuits, lawyers typically charge a “contingency fee.” That means that your attorney will take a percentage of the amount recovered. The lawyer will only get paid if you actually obtain workers’ compensation benefits, and will typically receive a higher fee if you get a higher monetary award.  A customary contingency fee in New York is 10-15% of the total award or settlement.

How Does Your Workers’ Compensation Attorney Get Paid?

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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.

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Queens Workers’ Compensation Attorneys

Why Does the Workers’ Compensation Board Schedule a Hearing?

Will There Always Be a Workers’ Compensation Hearing?

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

So you have been injured in a workplace accident and you’ve prepared and filed a claim for workers’ compensation. Will you be required to attend a hearing before the Workers’ Compensation Board? If not, what is the purpose of a hearing and why are they scheduled?

As a general rule, if your claim is approved, there’s no need for a hearing. However, if there’s a dispute regarding how much should be paid, the Board may schedule a hearing to review average weekly wage and verify the benefits payment. In addition, if your initial application for benefits is approved, but there’s a later dispute regarding whether you are ready to return to work, the Board may call a hearing.

Of course, if your employer or the insurance company decides to challenge your claim, arguing that you weren’t hurt at work, that your injury did not include a specific body part, or that your injury doesn’t prevent you from working. The company doctor may conclude that your injuries are not sufficient to keep you from doing your job. These are all situations where the Board may require a hearing.

It’s extremely critical that you don’t attend a Workers’ Compensation Board hearing without legal counsel. Your employer will likely have attorneys present. In addition, the judge simply won’t have time to explain all the nuances of the law to you.

 

Why Does the New York Workers’ Compensation Board Schedule a Hearing?

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Your Rights When You Submit to a Medical Examination

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Author:Pyrros & Serres

Your Rights during a Workers’ Compensation Medical Examination

Under New York’s workers’ compensation laws, when you have suffered a work-related injury and seek workers’ compensation benefits, your employer has the right to require that you be examined by a licensed physician chosen by the company or the workers’ compensation insurance provider. Theoretically, it’s an “independent” examination, designed to objectively determine whether your injury prevents you from working. In reality, though, they’ll look for any way to reject your claim, so that your employer and the workers’ compensation insurer minimize their financial losses.

Read More:

 

Your Rights during a Workers’ Compensation Medical Exam

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

Hiring a Workers’ Compensation Attorney

Hiring a Workers’ Compensation Attorney

Astoria, Queens Workers Comp Lawyers

New York City | Brooklyn | Bronx Workers’ Compensation Lawyers 

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:Read More

Hiring a Workers’ Compensation Attorney

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

Am I Eligible for Workers’ Compensation Benefits?

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

Am I Eligible for Workers’ Compensation Benefits?

Like every other state, New York has workers’ compensation laws designed to be the primary (and sometimes exclusive) remedy when a person is hurt on the job. But there are specific requirements for eligibility for workers’ compensation benefits—not every injury that keeps you from working will qualify you for workers’ compensation payments.

The basic criteria to qualify for workers’ compensation benefits are:

  • You must have been injured on the job or during the course of your employment. Injuries suffered in a motor vehicle accident will qualify if you were traveling for work at the time of the crash.
  • You must have been an employee of the person or company from whom you seek benefits. If you were self-employed, you typically cannot seek benefits from a third party with whom you contracted to do some work. For example, if you are a construction subcontractor, you may have no workers’ compensation claim against a general contractor or owner for injuries suffered on a construction site.
  • The business that employed you at the time of the injury must have had workers’ compensation insurance or have been required by law to carry such insurance. In New York, there are very limited exceptions to the requirement that companies carry workers’ compensation insurance—typically, a business will only be exempt there are no employees (other than owners).

Am I Eligible for Workers’ Compensation Benefits?

Queens | Brooklyn | NYC | Bronx Workers Compensation Attorneys

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

The Workers’ Compensation Board Ruled Against You—Now What?

Author: Pyrros & Serres,LLP

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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