Law Offices of William Cafaro

Law office of Bonnie Lawston

Web Perseverance - Web Development, Internet Marketing, SEO, Graphic Design

Criminal Defense Lawyer NYC

Law office of Bonnie Lawston

Law Offices of William Cafaro

Why You Want an Experienced Workers’ Compensation Attorney to Handle Your Claim

You Want a Lawyer Well-Versed in the Complexities of Workers’ Compensation Law

attorney-michael-serresIf you’re an injured worker seeking benefits to cover lost wages or unreimbursed medical expenses, or you’ve developed an illness because of a jobsite exposure to toxic materials, it’s critical that you retain a lawyer with extensive knowledge, skill and experience handling workers’ compensation and workplace injury claims. The workers’ compensation process can be complex, even for legal professionals—the best chance of full financial recovery is with an attorney who understands the workers’ compensation process, who has successfully recovered benefits for other injured workers.

Here are some of the specific ways that a proven workers’ compensation attorney can help you or your client:

  • Properly developing and presenting medical evidence—One of the principal reasons many workers’ compensation claims are initially denied is because claimants offer insufficient or incomplete medical evidence. An experienced workers’ compensation attorney will know when it’s necessary to obtain an expert medical opinion, to depose medical experts or when medical records are missing something.
  • Development and introduction of vocational evidence—It’s not enough to show that you’ve suffered injury. You also need to show what the physical requirements are for your job and why you can’t meet them. This may require testimony about your daily activities or about current safety or training programs at you place of employment.
  • Negotiating a settlement, if appropriate—Unless your attorney has handled quite a few workers’ compensation claims, he or she won’t have a realistic idea of the value of your claim. An experienced workers’ compensation lawyer will be able to quickly look at your disability rating, whether it partial/total or temporary/permanent, and incorporate the costs of past and future medical expenses to determine the full extent of your losses.

 

Results-Oriented Workers’ Compensation Attorneys in Queens, New York

At Pyrros & Serres, we bring more than a half a century of combined workers’ compensation experience to injured workers in Queens and across the New York City metropolitan area. We built our reputation on personal service and attention, always taking the time to learn the details of your situation, so that we can tailor our representation to get the outcome you deserve. Many of our new cases come to us as referrals from our colleagues in the legal profession, from satisfied clients and from medical professionals.

We handle all types of work-related injury claims, including cases involving:

Occupational Disease or Illness | Hip, Leg, Foot and Toe Injury| Burns | Paralysis | Spinal Cord Injury | Permanent Scarring or Disfigurement | Amputation or Loss of Limb | Hearing or Vision Loss | Accidental Death | Back and Neck Injury | Traumatic Brain Injury (TBI) | Fractures | Shoulder, Arm, Hand and Finger Injury

 For more information about the services we provide, see our practice area overview page.

Pyrros & Serres LLP

Workers’ Compensation Attorneys—Queens, New York

Protecting Your Rights during an Insurance Company Medical Examination

 

Author: Pyrros & Serres

When you have been hurt on the job and have filed a workers’ compensation claim, it’s pretty common for your employer’s workers’ compensation insurance provider to require that you submit to a medical examination by a doctor chosen by the insurer. It’s important that you understand that you have a number of rights with respect to that examination and it’s important that you know what your rights are.

When you receive the medical exam letter, it can be intimidating and confusing. The letter, which will make reference to an “independent medical exam,” will typically ask you to appear for the examination and to bring a variety of documents or records. Contrary to what the letter suggests, though, the examination will be conducted by a doctor chosen and paid by the insurer, who has a vested interest in making conclusions and diagnoses that are favorable to the insurance company.

Your Rights at the Medical Examination

The letter you receive will indicate whether the doctor plans to videotape the examination. However, regardless of whether the doctor chooses to do so, you always have the right to videotape the exam—you can also audiotape the doctor’s appointment. In addition, there is no rule that requires you to notify the doctor in advance that you will be taping the proceedings. If the letter says you must, ignore it. If you appear for the examination and the doctor says you cannot videotape the exam, you should politely decline to go through the examination.

Why would you want to videotape a medical examination? Because, as we were able to do in a case we handled recently, you may be able to successfully have the insurance company doctor’s report ruled inadmissible, if it has no bearing on your injury or your claim.

What Happens at a Workers’ Compensation Hearing and Why Are They Scheduled?

 

Author: Pyrros & Serres

Workers’ Compensation Hearings – What Happens and Why Are They Scheduled?

When you’ve been injured on the job, one of the first things you’ll do is notify your employer and file a claim for workers’ compensation. In some situations, your claim will be approved without the need for a hearing and your benefits will start within a couple weeks. In most situations, though, you’ll receive a notice that a hearing has been scheduled.

Workers comp claims

Why You Will Have to Appear at a Hearing After Filing a Workers’ Comp Claim

There are a number of reasons why you’ll have to appear at a hearing after you’ve filed a claim for workers’ compensation:

  • Your employer or the workers’ compensation insurance provider may be challenging your claim, arguing that you weren’t hurt on the job
  • The insurance company doctor may have concluded that your injuries don’t prevent you from doing your job
  • There may be a dispute about your wages or the amount to which you are entitle

At the workers’ compensation hearing, the parties will produce evidence regarding all the issues being contested. You can provide the judge with documentation regarding your pre-accident wages, so that you are awarded the appropriate amount of disability income under the law.

It’s important to understand that your employer and the workers’ compensation insurer will both likely have legal representation at the hearing. In addition, you can’t expect that the judge will take the time to walk you through the process and ensure that your rights are protected. That’s why it’s important to have an experienced workers’ compensation attorney at your side.

Contact an Experienced Workers’ Comp Attorney

At Pyrros & Serres LLP, our attorneys handle all matters related to workers’ compensation claims for people in the Bronx, Brooklyn, Queens and across the greater New York City metropolitan area. Call our office at (718) 626-7730 to schedule a consultation to find out how we can help with your workers’ comp claim.

Do You Need a Witness to a Workplace Accident?

Author: Pyrros & Serres

In New Jersey, if you’ve been injured on the job, you have a right to seek benefits to cover your disability, as well as medical expenses. But what if no one actually saw the accident? Can you still recover workers’ compensation benefits if there were no witnesses to your injury? The answer is yes.

There are typically two types of evidence in a legal matter—direct evidence and circumstantial evidence. Direct evidence includes anything a witness had access to directly, either through sight, sound, smell, taste or touch. Circumstantial evidence, on the other hand, involves facts that support a finding, but without any direct access to an event.

We were involved in a workers’ compensation claim where an employee died of a heart attack at his desk at work. No one had been present when the man died. However, through circumstantial evidence, we were able to show the man had been under significant stress on the job. We successfully argued to the workers’ compensation judge and the Workers’ Compensation Board that the reason the man died was related to his job.

Do You Need a Witness to a Workplace Accident?

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, NY Workers’ Compensation Attorneys | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

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?

Experienced Queens  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 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?

Pyrros & Serres LLPQueens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys