Bronx Worker Compensation for Temporary Total Disability Lawyer

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workers' compensation for temporary total disability

If you have suffered a work-related injury in New York City and are unable to return to work for at least seven days, you may be eligible for temporary total disability benefits. These benefits will begin on the eighth day of your disability. It’s important to note that the first seven days of your disability will only be compensable if your absence from work extends beyond 21 days.

Duration of Temporary Total Disability Benefits

If you have sustained a catastrophic injury such as amputations, paralysis, severe head injuries, or similar conditions, you can receive temporary total disability benefits for the duration of your inability to work. For non-catastrophic injuries, these benefits can be received for a maximum of 400 weeks.

Calculation of Temporary Total Disability Payments


The amount you receive in temporary total disability benefits depends on your average weekly wage. These benefits are set at two-thirds of your average weekly wage. For example, if your weekly earnings were $750, you would receive two-thirds of that amount, which is $500. However, the maximum benefit amount is $525 per week, as of July 1, 2013. The minimum benefit amount is $50.


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Bronx Worker Compensation Practice Areas

When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:


Financial Losses

This includes medical bills, property damage, and lost wages. Your attorney will gather evidence such as receipts, bills, repair estimates, and expert testimonies to assess your current and future expenses resulting from the accident.


Personal Losses

These encompass physical pain, emotional suffering, and mental distress. While it is challenging to assign a precise monetary value to personal losses (also known as non-economic damages), they are just as significant as financial losses.


Punitive Damages

It’s important to note that punitive damages can only be ordered by the court and are relatively rare. Your attorney will inform you if your case may qualify for punitive damages.

Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.


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Returning to Work in a Lower-Paying Position

In some cases, workers may be able to return to work despite their disabilities but may take on lower-paying roles or perform different duties than before their injury. In such situations, they would no longer be eligible for temporary total disability benefits. However, they may be eligible for temporary partial disability benefits if they return to a lower-paying position. Some individuals may also qualify for permanent partial disability benefits.

Get Assistance from Gabriel Legal Injury Lawyers for Obtaining Benefits

Temporary total disability benefits can be crucial for injured workers during their recovery period. However, securing the workers’ compensation you deserve can be complex. Consult with an attorney at Gabriel Legal Injury Lawyers to discuss your accident and the potential benefits available to you. We will guide you through various income benefits and medical treatment options to ensure you receive your rightful entitlements.

Frequently Asked Questions

Call for a Free Consultation Today

At Gabriel Legal Injury Lawyers, we understand the importance of immediate action and prioritizing your needs. Our team of experienced lawyers is committed to tirelessly advocating for your rights and will not give up until your case is settled. When you choose our firm, you can rest assured knowing that we have your best interests at heart.

After experiencing a workplace accident, it’s essential to have the guidance and support of skilled New York City lawyers. We are here to help you navigate the legal process and ensure you receive the compensation you are entitled to. Your focus should be on your recovery while we handle the legal complexities on your behalf. Don’t hesitate to reach out to us today; the sooner we begin working on your case, the better.

Trust Gabriel Legal Injury Lawyers to fight for your rights and provide the assistance you need during this challenging time. Let us take care of securing your rightful compensation, allowing you to move forward with confidence and peace of mind. Contact us now to schedule a consultation.

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Determining Liability in an Bronx Personal Injury Claim

Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.

It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.

By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.

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The sooner you contact a personal injury attorney in New York City after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.

It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.

Overview of the Personal Injury Lawsuit Process

It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:


Initial Consultation

This is an opportunity for you to share your account of the incident and ask questions about the case. The attorney will evaluate the viability of your case and provide appropriate advice before entering a fee agreement.


Case Investigation

Your attorney will conduct a comprehensive investigation, including interviews with you and witnesses, review of your background and medical records, to gather necessary information and determine the best course of action for your case.


Filing Court Documents

Your lawyer will file a personal injury complaint, which serves as the initial document of the case. The complaint outlines the nature of the incident and the injuries sustained, and must be properly served to the defendant along with related documents.


The Discovery Process

This involves the exchange of evidence between the involved parties. Interrogations, document requests, sworn statements, and depositions may be part of the process. Your attorney may also co


Pre-Trial Litigation and Motions

After reaching maximum medical improvement (MMI), your lawyer will demand compensation based on the full extent of your damages. Negotiations with the at-fault party’s insurers will take place to seek a fair settlement.



If an out-of-court agreement cannot be reached, the case will proceed to trial. The jury will determine the defendant’s liability, and if the verdict favors the plaintiff, the defendant will be obligated to compensate for the identified damages.

Arrange Your Free Consultation in Bronx

Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.

Let’s talk

Contact us today for a free consultation and let us assist you in moving forward after this challenging time.

Bronx Worker Compensation for Temporary Total Disability Lawyer

4.8 Stars


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