Pyrros Serres by cjleclaire
Workers Compensation,Social Security Disability,Personal Injury Attorneys
Jan 05, 2016 | 49606 views | 0 0 comments | 219 219 recommendations | email to a friend | print | permalink

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Your Rights Regarding Medical Treatment after a Work Injury
by cjleclaire
Aug 16, 2018 | 565 views | 0 0 comments | 51 51 recommendations | email to a friend | print | permalink

It’s common knowledge in New York that, in the event of a work-related injury, you have a right to seek medical attention and have the costs covered by the workers’ compensation insurance provider. You will likely be required to undergo a physical examination by a physician chosen by the insurer, but you can also get care from your own doctor. However, your physician must follow certain guidelines established in 2010 by the state of New York.

The New York Workers’ Compensation Medical Treatment Guidelines

The guidelines set forth in 2010 address treatment of the most common types of work-related injuries, such as neck, back, shoulder and knee trauma. Additional guidelines covering carpal tunnel syndrome and ongoing maintenance for physical therapy, occupational therapy and certain types of chiropractic care were issued in 2013.

Though you are generally entitled to reimbursement or payment of all “reasonable and necessary” medical expenses, certain types of procedures require specific authorization from the insurer. If you undergo treatment without appropriate authorizations, you may be personally responsible for the costs. As a general rule, pre-authorization is not necessary, but must be obtained in specific situations, including the use of certain types of stimulators, grafts, implantations, transplants and replacements.

It’s important to understand, though, that the medical guidelines are generally not applicable in situations where an injured worker needs emergency medical care. They only apply to ongoing types of care.

Your Rights Regarding Medical Treatment after a Work Injury

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

Bronx | NYC | Brooklyn | Queens Workers’ Compensation Attorneys

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Honesty—The Best Policy in a Workers' Compensation Claim
by cjleclaire
Aug 07, 2018 | 3107 views | 0 0 comments | 67 67 recommendations | email to a friend | print | permalink

The Dangers of Overstating or Understating the Nature of Your Injury

When you've been injured on the job in the state of New York, you have a right to seek workers' compensation benefits to cover your disability, and to pay for any reasonable and necessary medical expenses. When you are unable to work, there can be a tendency to want to exaggerate the extent of your injury, to ensure that your workers' compensation claim is approved. That's always a mistake.

An experienced doctor will likely see through any attempts to overstate your disability. If it's a company-selected doctor, he or she may disclose his concerns to the workers' compensation insurance company, which could then decide to send an investigator out to film you going about your daily activities (without your knowledge). Many a legitimate workers' compensation claim has been rejected because the claimant alleged that he or she couldn't perform routine tasks, only to be caught on camera taking out the trash or carrying in groceries. The reality—if you allege that you can't do something, but you really can, you'll find it almost impossible to carry out the charade. You'll inevitably forget what you've told the doctor and you'll do something that contradicts your statement – and you'll probably get caught doing it on camera.

It's also a mistake, though, to understate your injuries. It's no time to be macho or tough. When you've been hurt, you have a right to benefits and a need to heal. Accept that you've been injured and let others care for you. Don't try to do anything that causes pain or discomfort, unless you've cleared it with your doctor.

Why It Pays to Be Honest about Your Work Injury

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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Workers’ Compensation in New York—What You Need to Know—Part One
by cjleclaire
Jul 10, 2018 | 6945 views | 0 0 comments | 158 158 recommendations | email to a friend | print | permalink

You’ve been hurt on the job in the state of New York. You’ve heard from others that you are entitled to workers’ compensation benefits. But what does that mean? How does the workers’ compensation system work? Who pays for it and where does it come from?

What Is Workers’ Compensation?

Workers’ compensation is essentially a form of insurance that almost every employer in New York is required to carry. It’s designed to provide coverage when a worker is injured because of the fault of an employer or a co-worker. The benefits you are eligible for when you file for workers’ compensation are designed to cover two specific types of losses: 1) any medical expenses you incur because of the injury; and 2) a portion of your lost wages because of the injury.

As a general rule, workers’ compensation benefits are only available if you are unable to work and are terminated when you return to your job. However, if you have permanent injuries, but can still return to work, you may be entitled to a cash settlement when your workers’ compensation benefits end.

One of the most important things to understand is that workers’ compensation is basically a “no fault” system. That means that you don’t have to show that your employer or a co-worker was negligent—you only have to show that you were injured while working.

Who Pays for Workers’ Compensation?

The premiums for your workers’ compensation insurance are paid by your employer—they are not deducted from your pay.

Workers’ Compensation in New York—What You Need to Know

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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Is Workers’ Compensation the Only Source of Recovery for a Work Injury?
by cjleclaire
Jan 25, 2018 | 14386 views | 0 0 comments | 589 589 recommendations | email to a friend | print | permalink

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

Under the workers’ compensation in New York, when you have been injured on the job, you have the right to pursue benefits through a workers’ compensation claim. In many instances, it will be your exclusive remedy—in other words, the only avenue you have to pursue compensation for your losses. But that’s not always the case. In fact, there are situations where you can simultaneously file a workers’ compensation claim and a personal injury lawsuit. Here’s how it works.

The workers’ compensation laws were enacted, in part, to ease the burdens on both employees and employers in the aftermath of a work-related injury. For workers, there’s no need to go through the expensive and time-consuming process of filing a lawsuit, and benefits can be received in a matter of weeks, provided your claim is approved in a timely manner. For employers, the workers’ compensation laws eliminate fears of exorbitant and inconsistent judgments from sympathetic juries.

The workers’ compensation laws, though, are designed only to provide benefits in the event of negligence by an employer or a co-worker. They do not absolve unrelated third parties of responsibility for negligence. Accordingly, if your work injury was caused, in whole or in part, by the carelessness of an unrelated third party, such as the manufacturer of a tool, machine or piece of equipment, or the driver of a vehicle, you have the right to pursue damages against that party in a personal injury lawsuit in court. Of course, you’ll have to go through the discovery process and may not see any damage award for months or years.

In addition, you won’t be able to recover twice for the same loss. For example, if your medical expenses are paid by workers’ compensation, you cannot recover for those same expenses in a civil suit.

Is Workers’ Compensation the Only Source of Recovery for a Work Injury?

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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FAQs—What Employers Need to Know about Workers’ Compensation—Part One
by cjleclaire
Jan 25, 2018 | 15335 views | 0 0 comments | 462 462 recommendations | email to a friend | print | permalink

Answers for Business Owners to Common Questions about Workers’ Compensation

If you are starting a new business in New York, one of the most important issues you need to address is workers’ compensation insurance. It can be a pretty confusing subject, so we’ve put together a couple pages of frequently asked questions to help you understand your rights and responsibilities.

Q: Are all businesses required to obtain workers’ compensation insurance?

A: No. If you are a sole proprietor or operate as a partnership, there is no requirement that you carry workers’ compensation insurance. In addition, if your company has less than three individual shareholders who own all company stock and hold all company offices, you do not have to provide any coverage, provided you don’t have any other employees.

Q: When is workers’ compensation insurance required?

A: There are generally five situations where companies must provide workers’ compensation benefits. With the exceptions stated above, employers in any for-profit business must provide benefits for all employees. In addition, most employees of non-profit entities are entitled to workers’ compensation benefits. Nannies, maids and similar live-in workers must be provided with benefits if they work at least 40 hours a week at a residence. Farm workers who earn more than $1,200 in a prior calendar year are entitled to workers’ compensation coverage. Finally, the Workers’ Compensation Board may determine that a worker is an employee—if so, the worker is entitled to workers’ compensation coverage.

 Q: What about independent contractors?

A: Under the New York workers’ compensation laws, almost any worker providing services to a business will be considered an employee and, therefore, entitled to workers’ compensation coverage, unless the services are of a type specifically excluded under state statute. This generally includes day laborers, leased employees, unpaid volunteers, subcontractors, borrowed employees and part-time workers. A worker’s tax status generally has no bearing on his or her workers’ compensation status.

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 or from satisfied clients.

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

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What Are Your Attorney Fees in a Workers’ Compensation Case?
by cjleclaire
Jan 23, 2018 | 15490 views | 0 0 comments | 252 252 recommendations | email to a friend | print | permalink

In the aftermath of a work-related injury, one of your primary concerns is finances. You may be uncertain about how you’ll meet your financial obligations and you don’t want any unnecessary expenses. But you need to hire an experienced workers’ compensation attorney to ensure that you get the benefits you deserve? How much is that going to cost? What will you need to come up with out of your own pocket? Here’s the really good news—when you seek benefits through a workers’ compensation claim, you never have to pay your lawyer directly!!

So how does your lawyer get paid? It’s a pretty straightforward process. The judge and/or the Workers’ Compensation Board will determine, in your case, what fees are reasonable and appropriate for your attorney to receive. It’s similar to the contingency fee that most lawyers charge in a personal injury claim, typically a percentage of the amount of benefits that your lawyer is able to recover for you. It can also be based on the range of services that your attorney provides. Accordingly, when you receive benefits, a percentage of those benefits will be deducted and paid to your lawyer for services rendered.

There’s a real benefit to you in this approach. Because your lawyer gets a percentage of any amount recovered, the incentive is to work harder to get a larger award for you, so that the attorney also gets a higher fee.

What Are Your Attorney Fees in a Workers’ Compensation Case?

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

Bronx | NYC | Brooklyn | Queens Workers’ Compensation Attorneys

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Can I Collect Workers’ Compensation if I’ve Had the Same Injury Before?
by cjleclaire
Jan 23, 2018 | 15095 views | 0 0 comments | 572 572 recommendations | email to a friend | print | permalink

When you’ve had a workplace injury, one of your primary goals will be to get healthy enough to return to work. Of course, once you’ve suffered an injury, there’s always the risk that you’ll reinjure yourself. What happens then? Can you collect workers’ compensation benefits if you aggravate an old injury or suffer an injury similar to one you’ve had in the past?

The good news is that you can always file a workers’ compensation claim for the same type of injury, to the same part of the body, an injury that you suffered at any time in the past, whether it was five months ago or five years ago. Whether or not the old injury will have any impact or effect on your current claim will depend on various factors. For example, if you hurt your back in the past, but you received treatment, but fully recovered and worked without incident for a period of time, the mere fact that you had a similar injury in the past will probably not have any impact on your current claim. For all intents and purposes, it is considered to be a new and totally separate injury.

On the other hand, if you had returned to work, but were still receiving treatment for a prior injury, a workers’ compensation judge may determine that some part of your injury should be “apportioned” to the prior injury. That determination may or may not have an impact on the amount you are entitled to receive for the new injury. In any case, it’s essential that you have a thorough examination, as you may experience similar symptoms, but have injury to an entirely different part of your body.

Can I Collect Workers’ Compensation If I Have Had the Same Injury in the Past?

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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Frequently Asked Questions about Mesothelioma in the Workplace
by cjleclaire
Dec 29, 2017 | 21258 views | 0 0 comments | 449 449 recommendations | email to a friend | print | permalink

Addressing Your Concerns about Work-Related Mesothelioma

According to research, as many as 3,000 people in the United States are diagnosed with Mesothelioma every year. The only known cause of Mesothelioma is exposure to asbestos. The World Health Organization estimates that as 125 million people around the world have been exposed to asbestos in the workplace. It’s also believed the more than a million workers in the United States are still being exposed to asbestos and at risk of contracting Mesothelioma.

Q: What is Mesothelioma?

A: Mesothelioma is an extremely rare form of cancer that typically attacks the lining of major organs, such as the heart and lungs, as well as the abdomen. Mesothelioma that affects the lungs, the most common kind, is known as pleural Mesothelioma. Mesothelioma impacting the abdomen is referred to medically as peritoneal Mesothelioma. When the disease strikes the heart, it’s known as pericardial Mesothelioma. The only known cause of Mesothelioma is exposure to asbestos.

Q: How will I know if I have Mesothelioma?

A: Diagnosing Mesothelioma can be difficult, as it can take anywhere from ten to fifty years for symptoms after exposure for symptoms to appear. However, the most common indicators of Mesothelioma include shortness of breath, chest pain, wheezing or hoarseness, bowel obstructions, coughing and weight loss. Because many of these symptoms also appear in other diseases, it can take a while to get a definitive diagnosis of Mesothelioma. The necessary tests may include MRIs, pulmonary function tests, blood tests and fluid or tissue samples.

Q: What treatment is available for Mesothelioma?

A: Mesothelioma is a form of cancer, so the treatment regimens typical with other types of cancer are also used with this disease. That may include chemotherapy or radiation, and in limited situations, surgical procedures.

Q: Can I seek workers’ compensation benefits for Mesothelioma?

A: Absolutely. The only requirements to file a workers’ compensation claim in New York are that you show you were injured and that the injury was work-related. Workplace illnesses are fully compensable.

Proven Workers’ Compensation Attorneys in Queens, New York

At Pyrros & Serres, we bring more than 50 years of combined workers’ compensation experience to injured workers throughout the borough of Queens and New York City metropolitan area. We built our successful practice on a commitment to personal service and attention. As a result, many of our new cases come to us as referrals from our colleagues in the legal profession or from other clients.

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

Occupational Illness or Disease | Back and Neck Injury | Traumatic Brain Injury (TBI) | Fractures | Shoulder, Arm, Hand and Finger Injury | 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

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

Pyrros & Serres LLP

Workers’ Compensation Attorneys—Queens, New York

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Answers to Common Questions about Cancer Caused by Work Exposure to Asbestos
by cjleclaire
Dec 29, 2017 | 15571 views | 0 0 comments | 380 380 recommendations | email to a friend | print | permalink

For decades, many workers in New York have been exposed to asbestos in the workplace. It’s now clear that asbestos exposure can lead to certain types of cancer, as well as other physical maladies. This page answers many of the frequently asked about asbestos and its link to cancer.

Q: What is asbestos?

A: Asbestos is a mineral that is found in nature, and has been mined for more than 100 years. It’s primarily known for its durability and its fireproof capabilities. It’s been widely used in consumer products, in everything from roofing shingles and home insulation to cement pipes and brake linings for motor vehicles. Research has shown that when asbestos breaks down, it separates into tiny fibers, which can be ingested. When those fibers accumulate in significant numbers, they can interfere with basic body functions.

Q: How do I know if I was exposed to asbestos on the job?

A: The health risks associated with asbestos were discovered in the 60s and 70s, and banned in the late 80s, so building constructed before the late 1980s may have had asbestos. There should be records regarding whether a structure underwent asbestos removal or remediation. To determine whether you have contracted any asbestos-related disease, including cancer, you’ll want to undergo a chest X-ray. If the X-ray has a positive “B-read,” you most likely have an asbestos-related disease.

Q: What do I need to provide to successfully recover benefits for work-related exposure to asbestos?

A: To succeed with an asbestos-related injury or cancer claim, you must show that you

  • Were exposed to asbestos in the workplace
  • Have a chest X-ray with a positive B-read
  • Have a pathology report showing an asbestos-related malignancy
  • Have a letter from a board-certified physician stating the cause of your condition
  • Have affidavits confirming that you worked at an asbestos contaminated facility

Q: Can I seek workers’ compensation benefits for Asbestos-Related Cancer?

A: Yes. In New York, there are only two requirements to qualify for workers’ compensation—you must show that you were working, and that you suffered injury or illness in the course of your employment. If you can show that many of your co-workers experienced similar health problems, and incidences of similar illness were less in nearby work environments, that may be circumstantial evidence to support a workers’ compensation claim.

Effective Workers’ Compensation Attorneys in Queens, New York

At Pyrros & Serres, we bring more than 50 years of combined workers’ compensation experience to injured workers throughout the borough of Queens and New York City metropolitan area. We built our successful practice on a commitment to personal service and attention. As a result, many of our new cases come to us as referrals from our colleagues in the legal profession or from other clients.

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

Occupational Disease or Illness | Back and Neck Injury | Traumatic Brain Injury (TBI) | Fractures | Shoulder, Arm, Hand and Finger Injury | 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

 

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

Pyrros & Serres LLP

Workers’ Compensation Attorneys—Queens, New York              

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Protecting Your Rights during an Insurance Company Medical Examination
by cjleclaire
Dec 19, 2017 | 18409 views | 0 0 comments | 536 536 recommendations | email to a friend | print | permalink

When you have been hurt on the job, and have filed a workers’ compensation claim, it’s pretty common that the workers’ compensation insurance provider will 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 they are.

When you receive the letter, it can be intimidating and confusing. The letter you receive, 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 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.

Protecting Your Rights during an Insurance Company Medical Examination

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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