What Determines the Money You Receive After a New York Work Injury?
If you’ve been seriously hurt after an accident on the job, a New York work injury attorney may be able to help. Being injured on the job is an overwhelming experience and it’s one that requires you to report the injury as soon as possible to your employer. Failure to do so could compromise your ability to recover benefits even if you have the help of a work injury attorney in New York. Consulting with a lawyer as soon as possible may help you uncover the pertinent facts related to your case, including the many pieces of data that may influence the amount of compensation you receive.
A New York work injury lawyer from Polsky, Shouldice & Rosen, P.C. may advise you further about how your case will proceed through the legal system and what you can expect and the best way to prepare yourself.
The amount of money you receive in compensation benefits after filing for workers’ compensation, with the help of your New York work injury attorney, is limited to a maximum of two-thirds of your previous average weekly wages. You may be eligible to receive these payments if you have been completely disabled from any and all work opportunities. If you are considered partially disabled, or if you are capable of doing some type of work (even if it is not the type of work that you were doing prior to the accident), you may be entitled to an amount that is less than two-thirds of your previous average weekly wages. Your New York work injury attorney can help you evaluate the facts in your case and help you determine how much money you could potentially qualify for.
In the event that you are not working at all, the amount that you could receive depends on the degree of your disability as it is estimated by chiropractors or medical doctors. This could be a major area of dispute in a vast majority of cases, but a New York work injury attorney may help you navigate this complex field. Some insurance company doctors make their best attempt to minimize the degree of disability, and this is an issue where a New York work injury attorney may provide particular assistance.
If you are able to return to your employer but work in a lesser-paying position because of your on-the-job injury, you may still be eligible to receive workers’ compensation benefits. The amount that you are able to receive in this situation is typically determined in a hearing before a workers’ compensation judge. It is evaluated by looking at the amount you earned prior to being injured and the amount you are earning after your return to work.
After being injured on the job, you have enough to worry about. Trying to manage your case on your own may prove confusing or overwhelming. It is important to understand that there are many different issues involved in this type of case and an attorney may help you figure out the best way to approach this situation.
For more information about hiring a New York work injury attorney, contact Polsky, Shouldice & Rosen, P.C. at (718) 587-0997.
