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

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

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              

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

New York, Queens Workers’ Compensation Lawyers

Things to Look For When You Hire a Workers’ Compensation Lawyer

When you’re hurt on the job, it can often seem like an open and shut case, but the reality is that many legitimate claims are initially rejected. That’s one of the primary reasons you want to hire an experienced and proven workers’ compensation attorney. But how do you do that? What are the things you want to know when looking for a workers’ compensation lawyer?

Hire an Experienced Workers Compensation Attorney

Workers’ compensation is a complex area of practice, with its own set of rules and regulations. It’s not something you want handled by a general practitioner. Ask a prospective lawyer what percentage of his or her practice involves workers’ compensation, and how many workers’ compensation claims he or she has handled—the more, the better. If it’s less than 25% of the practice, or the attorney has only handled a handful of workers’ compensation cases, you probably want to look elsewhere.

Hire an Experienced Trial Attorney

In most instances, when your claim is initially denied, your attorney will have to go before a judge to get the results you want. You don’t want a lawyer who doesn’t know his or her way around a courtroom or hearing room.

Hire an Attorney with a Plan

When you are interviewing prospective lawyers, ask what specific steps will be taken to get the outcome you want. If the attorney doesn’t have a concrete plan and can’t explain it to you, move on.

Hire an Attorney Who Will Be There

It’s inevitable that you’ll have questions or concerns. Confirm that the lawyer will be accessible, either in person or by phone, to answer those questions. Workers’ compensation can be a volume practice, and you don’t want to hire an attorney who doesn’t have time for you.

The Things to Look For in 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  Workers’ Compensation Attorneys

What Happens at a Workers' Compensation Hearing 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. Why would hearing be set up and what happens at a workers' compensation hearing?

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 entitled

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.

What Happens at a Workers' Compensation Hearing?

https://www.youtube.com/watch?time_continue=6&v=WyceqGf-4M8

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

The Right Preparation to Maximize Your Chance of Winning a Work Comp Claim

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

When you’ve suffered an injury on the job, you have the right to pursue compensation to cover lost wages and medical expenses. In many situations, even though it may seem like you have an open and shut case, your claim may initially be denied. For that reason, it’s particularly important that you do all that you can to get ready for your workers’ compensation hearing. Here are some ways you can do that.

• Step One—Start preparing the minute you meet with an attorney. Ideally, your lawyer will walk you through the entire process, so that you know exactly what to expect. Your lawyer will also advise you regarding what you should and should not do. Remember, it’s not uncommon for the workers’ compensation insurance provider to send an investigator out to see if you really are hurt.
• Step Two—Immediately gather any information you have related to your claim. The sooner you preserve evidence, the less the risk that it will be lost or forgotten. Organize all the evidence—unpaid medical bills, doctor’s reports, medical records.
• Step Three—Think about your testimony at the hearing. Your attorney should tell you the types of questions to expect, and should also work closely with you to identify what you want to say, and what you’d like to try to avoid saying. You may even have your attorney put you through a mock examination.

The Best Way to Prepare for Your 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 page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

You Have a Right to Pursue Death Benefits When a Family Member is Killed on the Job

Under the New York workers' compensation laws, when you are hurt on the job or contract an illness because of exposure to toxic conditions or substances at work, you have a right to pursue temporary or permanent benefits. But what if the injury is fatal? Do your survivors have a right to seek death benefits in a workers' compensation claim? The answer—a resounding yes!!

When a worker dies from work-related injuries, his or her spouse has a right to seek compensation for the death in a workers' compensation proceeding. If there is no surviving spouse, dependent children or parents may pursue damages, and, in the absence of parents, children or a spouse, the deceased's estate may seek death benefits.

As a general rule, a surviving spouse can typically anticipate receiving monthly workers' compensation benefits for the rest of his or her life, unless he or she remarries. In those situations, the surviving spouse is entitled to a lump sum payment of two years benefits. The Workers' Compensation Board will pay up to $6,000 in funeral and burial expenses, and, when there is no spouse of surviving children, $50,000 is paid to the parents or to the estate.

You Have a Right to Death Benefits When a Family Member is Killed on the Job

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

Frequently Asked Questions about Work-Related Repetitive Stress Injuries

Answers to Common Questions about Non-Traumatic Injuries Sustained in the Workplace

Though many job-related injuries are caused by traumatic accidents—a machine breaks down or malfunctions or something falls on you—there are other injuries, often more debilitating, that can result from seemingly harmless activities, such as bending, sitting or standing. If you are experiencing significant pain or discomfort because of your job, but you can’t point to a specific incident, you may be suffering from repetitive stress injuries. This blog answers frequently asked questions about such injuries.

Q: What are the different types of repetitive stress injuries?

A: Almost any type of motion, or even the lack of motion, can cause undue stress on some part of your body. Perhaps the most well-known malady is carpal tunnel syndrome, but there’s a similar condition known as cubital tunnel syndrome. Your body has bursa sacs in a number of places, including your shoulders, hips, knees and elbows, and those sacs can become inflamed, a condition referred to as bursitis. There’s epicondylitis, more commonly known as golfers or tennis elbow, caused by repeated stress on your forearm muscles. You can also experience inflammation of any tendon in your body, which can be caused by either a repeated motion or exerting nonstop pressure for long period of time (such as when you are standing for hours at a time).

Another common repetitive stress injury is plantar fasciitis, usually caused by inflammation in your Achilles tendon. This may be the result of standing or excessive bending or squatting.

Q: What is carpal tunnel syndrome?

A: Carpal tunnel syndrome is characterized by numbness, tingling or weakness in your hand or wrist, caused by pressure on the median nerve in your wrist. Carpal tunnel syndrome typically stems from repeated hand movements and can be worse when your hands are lower than your writs. While carpal tunnel syndrome affects your first three fingers, there’s also cubital tunnel syndrome, where the ulnar nerve is pinched, causing similar conditions in your ring finger and pinky.

Q: Can you seek workers’ compensation benefits for repetitive stress injuries?

A: Under the workers’ compensation laws in New Jersey, you can seek compensation for a repetitive stress injury. You should notify your employer as soon as possible after the diagnosis or appearance of any symptoms. To successfully recover, you will need to show that your work required you to engage in an activity that caused the repetitive stress injury.

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:

Back and Neck Injury | Traumatic Brain Injury (TBI) | Fractures | Shoulder, Arm, Hand and Finger Injury | Hip, Leg, Foot and Toe Injury| Burns | Paralysis |Occupational Illness | 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