New York Disability Lawyer & Attorney : Turley, Redmond & Rosasco : Brooklyn, Queens, Long Island, Nassau, Suffolk, Bronx, Staten Island

Get the Best NY Workers Compensation Lawyer You Can Find

Unless your injury is relatively minor, you will need a "good" workers compensation attorney in New York State. You can bet your employer or the insurance carrier will have their own lawyer. But how do you find a "good" workers compensation attorney? Probably the same way you find a "good" doctor - recommendations from people you trust, general reputation and whether you feel comfortable with the attorney. The best place to get a recommendation is from a satisfied former client of the attorney. Will you meet with an attorney for an initial consultation (not just a paralegal)? Be wary of any law firm that will not give you an office appointment and simply wants to send you papers in the mail. What are they trying to hide? You wouldn't buy a dishwasher sight unseen - you shouldn't hire an attorney without a face-to-face meeting. Does the attorney return phone calls after he (she) takes your case, or will you hear only from assistants in the future?

Another good place to get a recommendation is from other attorneys or your local Bar Association. Bar Association Referral Panels require that attorneys maintain adequate legal malpractice insurance - always a sign of a careful and prudent attorney. Often times it is the most negligent attorneys who don't carry malpractice insurance. Is the attorney a member of the Injured Workers Bar Association of New York State - made up of some of the best workers compensation attorneys across New York? Most members of the Injured Workers Bar Association live and breathe workers compensation law. Does the attorney lecture to other attorneys or write about workers compensation law? Usually, someone who teaches on a topic must know the law inside and out.

Finally, do you get a good impression of the attorney after your first telephone conversation? Does he sound like he really cares about your medical condition and financial problems - or will you be just another number? Go with your gut. You deserve and should expect an attorney who is both competent and cares. I always tell the young attorneys in my firm that one of the best traits of a good lawyer can have is the ability to listen to the client. Too many attorneys love to hear their own voices, but are deaf to the clients real concerns. While this list is not exhaustive, it should steer you in the right direction of finding a "good" workers compensation attorney. Good luck!

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My good friend (and one of Long Island's best Elder Lawyers), Sharon Kovacs Gruer, has asked me to speak at the New York State Bar Association's Elder Law Advanced Institute on October 21, 2005 in Saratoga Springs. My topic will be "Obtaining Social Security Disability (SSD) and Supplemental Security Income (SSI)". I work with Elder Lawyers like Sharon frequently on social security disability and workers compensation issues. One of the most common needs my clients have is the establishment of a Supplemental Needs Trust. These trusts hold the assets of a disabled person so that they do not lose Medicaid eligibility.

For example, I recently handled a workers compensation claim and we were on the verge of a significant money settlement. Before the settlement papers could be signed, my client suffered a massive stroke and will require nursing home care for the rest of his life, which was being paid for by Medicaid (health insurance for the poor). If he had taken personal possession of the workers comp settlement, he would have lost his Medicaid. Instead, I worked with an Elder Lawyer to set up a Supplemental Needs Trust which the client can now use for various personal needs, such as clothing and trips outside the nursing home. I suppose that's one of the reasons I like most Elder Lawyers - they are like Disability Lawyers. They help some of the most vulnerable in our society, the sick and disabled. I look forward to being with them in Saratoga Springs.

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File a C-3 Form with the New York State Workers Compensation Board

I wish I had a dollar for every client who told me: "I already filed my claim", when in fact, the New York State Workers Compensation Board knows nothing about their injury. Many claimants mistakenly believe that their rights are protected simply by filling out an Accident Report (Form C-2...confusing, huh?) with the employer. Nothing could be further from the truth. Employers frequently bury Accident Reports or simply neglect to forward them to the insurance carrier and the Workers Compensation Board. Either way, it can severely delay your medical care and cash benefits. The only sure way to make sure that your claim is processed timely is to file a C-3 Form.

You can get a C-3 Form from either the New York State Workers Compensation Board or a workers compensation attorney. If your injury is serious (you are out of work more than two weeks and/or the injury may be permanent, you should consult a workers compensation lawyer before you fill out the form. Just like TV, "anything you say now may be used against you" at a later time, so better to be safe than sorry.

Once a C-3 is filed and a case indexed (you get an eight digit WCB case # in the mail) by the New York State Workers Compensation Board, the insurance carrier has strict time deadlines to answer your claim and start paying benefits if you are eligible. The C-3 form is the single most important form among the hundreds used at the New York State Workers Compensation Board. You will never get a tax refund if you don't file a tax return, right? The C-3 is just like a tax return - you need to file it to make sure you get all the compensation you deserve. File the C-3 as soon as possible after your accident, or you will be at the mercy of the insurance companies.

Next Week - How to Find a "Good" Workers Compensation Attorney

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The partners and attorneys at Turley, Redmond & Rosasco have a full plate of activities this weekend. First, Ronna Horwitz-Bard and I will travel to beautiful downtown Fishkill, New York for the Fall Injured Workers Bar Association Conference. In between the lectures and meetings, we will be honoring one of the giants of the Workers Compensation Bar - Abe Popish. Abe has been practicing workers compensation law in New York State for over fifty (50) years! He is a real class act and has been an inspiration to many workers compensation attorneys over the years. Congrats to Abe!

While we're chewing bagels and strategizing in Fishkill, the healthier contingent at Turley, Redmond & Rosasco will be running in the Cow Harbor 10K race in Northport, New York. Founding partner Bill Turley will be joined by attorney Aimee Berlin. If she's smart, she'll run a close second!

Next week we will start our Workers Compensation Top Ten Tips for Claimants, so be on the look out.

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How ironic? As reported in a great LA Times article, a woman who made $250,000 a year selling long term disability policies couldn't collect herself when she put in a claim with UnumProvident due to her multiple sclerosis! Remember - this is a woman who made the disability insurance companies tons of money by selling disability policies. You can't fake MS- its a progressive neurological disease documented by lesions on brain MRI's. If she has to wage a three year legal fight to get her benefits, what chance do you have? As I always tell my clients - better to plan and seek legal advice before you file your claim.

Thanks to John Wood and his excellent new ERISA long term disability law blog for bringing this article to our attention. The article is mandatory reading for anyone who wants the real scoop on UnumProvident and ERISA long term disability claims.

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Unfortunately, according to a new CNN poll, 42% of workers will be will be laboring on Labor Day - a traditional day of rest. Its a sad commentary on our "Winner Takes All" economy when almost half of America can't enjoy a full day of rest. Except for the rescue workers in New Orleans dealing with Katrina, I think everyone deserves and needs a break on Labor Day. For those of you who have to work this Monday, at least be careful. I don't want to come into the office on Tuesday and have to file any new workers compensation claims for injuries on Labor Day. Have a great weekend!

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