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Category Archives: NY Workers Compensation Claims

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How To Fill Your Prescription Under Workers’ Compensation

Posted in Medical Care and Prescriptions, NY Workers Compensation Claims, Uncategorized

If you have been injured on the job, you may require medication in order to heal and cope with pain. As you would expect, your medications will have to be filled by a pharmacy; but if you have filed for Workers’ Compensation  for your work-related injuries or illnesses, there are specific guidelines in which to… Continue Reading

$21.4 Million Alleged Social Security Disability Fraud by Lawyer and Retired Police in New York

Posted in Disability Pensions, Labor News, NY Workers Compensation Claims, Social Security Disability, Zadroga 9/11 Compensation Fund Claims

It is also a sad day for the overwhelming majority of New York Disability lawyers with integrity. The lawyer who allegedly orchestrated the decade’s long scam, Raymond LaVallee, was a person I never met despite being a Social Security disability lawyer myself for over 22 years. I never saw him at local or national Social Security Bar Association events or seminars. Like many such alleged fraudsters, he appears to have slithered in the isolated murky waters that often accompany those who live to scam – rather than live to serve.

Workers’ Compensation Cash Benefits – What are the different types?

Posted in Construction Accidents, NY Workers Compensation Claims, Uncategorized

If you have been injured on the job, you may be entitled to Workers’ Compensation cash benefits.  Under the statute to injured workers, there are 3 types of workers’ compensation cash benefits that may be relevant to your particular work related injury.     The following is a simple explanation of each workers’ compensation cash… Continue Reading

Who is an “Employee” Under Workers’ Compensation Law?

Posted in NY Workers Compensation Claims, Uncategorized

The New York State Workers’ Compensation Board (WCB) has specific guidelines which are used to determine who is considered an employee under New York State Workers’ Compensation Law (WCL). Under this law, all “employees” must be covered under a workers’ compensation insurance policy by his or her employer in order to be protected and receive… Continue Reading

9/11 Workers’ Compensation Registration Re-opens: Governor Cuomo Signs Bill

Posted in NY Workers Compensation Claims, Zadroga 9/11 Compensation Fund Claims

Last week Governor Cuomo signed an important new bill that re-opened 911 workers’ compensation registration and disability pensions for Ground Zero workers. The new registration deadline is set for September 11, 2014, but re-opens registration and filing for previously denied claims. Therefore, any 9/11 worker who was previously denied workers’ compensation because they failed to register… Continue Reading

What is the NY Workers’ Comp Claims Process?

Posted in Construction Accidents, NY Workers Compensation Claims, Uncategorized

Most people don’t go into work and say “I think I will get injured today. Yeah that’s what I’ll do! At two thirty, I’ll be the victim of a horrible accident and spend months or even years undergoing a grueling and expensive recovery process“.   As such, many people are not prepared when serious work accidents… Continue Reading

What Are New York Workers’ Compensation Benefits?

Posted in Construction Accidents, NY Workers Compensation Claims, Uncategorized

In short, New York Workers’ Compensation benefits (sometimes referred to as Workmans’ Compensation or Workers’ Comp) is an employer paid insurance policy that pays cash and/or medical benefits to people who are injured or become sick as a result of circumstances that are directly related to the nature of their job. The employee may not… Continue Reading

Zadroga Act 9/11 Victim Compensation Fund Special Master Sheila Birnbaum attends Long Island Meeting about Upcoming Registration Deadline on October 3, 2013

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

Victim Compensation Fund was re-opened as part of the James Zadroga 9/11 Health and Compensation Act of 2011 and allows up to $2.8 billion for survivors and first responders suffering from a specific list of cancers and other ailments as a resulting from the tragedy.

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