Header graphic for print
The New York Disability Law Blog Information and Help for Disabled Individuals with Workers' Compensation, Social Security Disability and Construction Accident Claims

Category Archives: NY Workers Compensation Claims

Subscribe to NY Workers Compensation Claims RSS Feed

Privacy

Posted in Construction Accidents, Long Term Disability / ERISA, NY Workers Compensation Claims, Social Security Disability, Veterans Disability Claims

The confidentiality of any and all documents pertaining to your case are protected under Worker’s Compensation Law. Only certain parties(including employers, insurance companies and either sides’ lawyers) may access information pertinent to your claim without written consent or a court-order. Your claim may also be viewed by government agencies who are processing claims for benefits… Continue Reading

Finding Support

Posted in Long Term Disability / ERISA, NY Workers Compensation Claims

Becoming disabled is a stressful and oftentimes traumatic experience. In addition to dealing with all the legal red tape, there are many problems that may emerge with respect to a worker’s family and financial status. Fortunately Social Workers provide many services for people who are undergoing such hardships. Social Workers can help workers and families… Continue Reading

Pain and Suffering

Posted in NY Workers Compensation Claims

Pain and Suffering is the legal term used to describe any sort of physical, emotional or mental distress which may include potentially limiting conditions such as depression or persistent aches. Generally people seek compensation for any loss of income that can be attributed to such a condition. But Worker’s Compensation is generally a “no fault… Continue Reading

Permanent Disability

Posted in NY Workers Compensation Claims

Many different classifications of permanent disability are detailed under Worker’s Compensation law. These include Permanent Partial Disability, Permanent Total Disability and Total Industrial Disability. Permanent Partial Disability means that the worker is disabled for life, but not to the extent that they will never work again. People who are permanently, partially disabled are expected to… Continue Reading

Are You Eligible For Workman’s Compensation?

Posted in NY Workers Compensation Claims

The answer may surprise you. Under the following conditions you may not receive Worker’s Compensation benefits: 1. Your claim involves working for a non-profit and you are unpaid. It should be noted however, that if you receive a stipend, room and board or any other perks with a monetary value, the position may be considered… Continue Reading

Reporting Discrimination

Posted in NY Workers Compensation Claims

Have you been fired or experienced some sort of unfair treatment after claiming or trying to claim Worker’s Compensation? If so, you should be aware that your employer is violating  The Americans With Disabilities Act of 1990. There is a penalty of $100 to $500 for each employee that is discriminated against. Form DC-120 must… Continue Reading

Getting Assistance With Your Claim

Posted in NY Workers Compensation Claims

You may need assistance from the Worker’s Compensation Board after reporting an on-the-job injury .Form RFA-1W-Request for Assistance By Injured Worker is provided for this purpose. The form is generally not used for claims where the case is not accepted by the employer or carrier. If you are unsure as to whether or not the… Continue Reading

Appeals

Posted in Long Term Disability / ERISA, NY Workers Compensation Claims

To appeal a decision essentially means bringing a case to a higher court system after a Judge’s ruling. During a hearing before a Worker’s Compensation Law Judge, medical records, personal testimony and other evidence is reviewed and a decision is made as to whether or not the claimant is entitled to compensation or benefits. The… Continue Reading

What is an Occupational Disease?

Posted in NY Workers Compensation Claims

 Your work-related disability may not be the result of a single accident. Exposure to certain job related agents may have caused you to develop a debilitating condition over time. However, not all injuries that develop over time are occupational diseases that entitle you to benefits. The illness must be “the natural and unavoidable result of the… Continue Reading

Workers Compensation Settlements: Stipulations, Schedule Loss of Use (SLU) Awards and Section 32 Agreements

Posted in Construction Accidents, NY Workers Compensation Claims, Social Security Disability

Schedule Loss of Use Awards (SLU’s) are awards given to injured workers who have permanent injures to certain body pats, most often extremity injuries. New York Workers Compensation Schedule Loss of Use (SLU) Awards . It should be noted that an injure claimant can receive a Schedule Loss of Use Award without having to lose any time from work.
The most important aspect of a Section 32 Agreement is that the claimant is allowed to waive any or all past, present or future compensation and medical benefits

Troy Rosasco Appointed Adjunct Professor at St. John’s University School of Law

Posted in Firm News & Events, Labor News, NY Workers Compensation Claims, Social Security Disability

“Protective Legislation for Workers” is an upper level law school course and will be team taught in a “practical” manner. It will cover topics such as New York Workers’ Compensation, Social Security Disability, OSHA, federal wage and hour law and unemployment insurance

William Turley and Craig Rosasco Attend Workers’ Memorial Mass

Posted in Construction Accidents, Health Info, Labor News, NY Workers Compensation Claims, Zadroga 9/11 Compensation Fund Claims

William J. Turley, Managing Workers’ Compensation Partner in our Ronkonkoma, Suffolk County office, andCraig E. Rosasco, Managing Workers’ Compensation Partner in our Nassau County office attended the Workers’ Memorial Mass tonight at St. Patrick’s Roman Catholic Church in Bay Shore.

Big Day in New York Workers’ Compensation Law! Court of Appeals Decides Aggregate Trust Fund Deposit Case of Raynor v. Landmark Chrysler in Ruling Against Insurance Carriers

Posted in NY Workers Compensation Claims, Social Security Disability

Raynor v. Landmark Chrysler, the New York State Court of Appeals affirmed a lower appellate court ruling upholding provisions requiring private workers’ compensation insurance carriers to make mandatory Aggregate Trust Fund (ATF) deposits for claimants classified as permanently partially disabled (PPD) and injured both before and after March 13, 2007. Upon the worker being classified PPD, the private insurance carrier is obligated to deposit the present value sum of future indemnity payments into the Aggregate Trust Fund (ATF). In many cases, such deposits will be in the hundreds of thousands of dollars. This is a private workers’ compensation insurance company’s worst nightmare. Practically, just the threat of a potential PPD classification should cause insurance companies to pull out their settlement checkbooks and pens. And this was the intention of the 2007 New York Workers’ Compensation Reform legislation The fairness of settlement offers will be based upon the ATF’s present value discount tables and Board Bulletin 222-B. if you have questions about the fairness of your Section 32 workers compensation settlement offer, please contact Troy Rosasco at x123 for a Free Evaluation of your claim

Zadroga Act Attorney Rosasco Comments on New 9 11 Compensation Fund Rules from Special Master Sheila Birnbaum

Posted in Firm News & Events, Health Info, NY Workers Compensation Claims, Zadroga 9/11 Compensation Fund Claims

9 11 Compensation Fund Lawyer Troy Rosasco was interviewed last week by the Long Island Business News (LIBN) about the new draft Zadroga Act rules released by Victim Compensation Fund Special Master Sheila Birnbaum. The article and Rosasco’s comments on the Zadroga 9 11 Law draft regulations are here. Stay tuned for our report from the “Town Hall” meeting this Wednesday night, June 29th, with Victim Compensation Fund Special Master Sheila Birnbaum. I will update interested readers in “real time” via Twitter @TroyRosascoEsq .

Ground Zero Lawyer Lectures on Zadroga 9/11 Act to New York Supreme Court

Posted in Firm News & Events, NY Workers Compensation Claims, Zadroga 9/11 Compensation Fund Claims

It was an honor to have been asked to give a Continuing Legal Education Course on the new Zadroga 9/11 Act to the Justices and attorneys of the New York State Supreme Court, Appellate Division, Second Department in Brooklyn recently. Here is a copy of my Zadroga 9/11 Act Power Point Presentation to the Supreme Court.
Like previous lectures I have given on Zadroga 9/11 Act claims, I covered topics such as: are volunteers, construction workers, cleaners and other workers covered under the Zadroga Act ?; what toxic chemicals were found at Ground Zero and are they cancer causing ? and what are the deadlines for filing Zadroga Victim Compensation Fund claims ? can you have a Zadroga Act compensation claim if you already received money from another 9/11 lawsuit ?;

Osama Bin Laden Dead! God Bless the USA

Posted in Construction Accidents, NY Workers Compensation Claims, Social Security Disability, Zadroga 9/11 Compensation Fund Claims

Just finished watching the President inform the nation that our military and intelligence services have killed Osama Bin Laden. Today the USA stands triumphant in sending a clarion call to all terrorists who would come to our shores to cause us harm. Americans never give up, and you too will be hunted down, flushed out and brought to the justice you deserve.