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

Carolyn Fortino, a reporter with Verizon FiOS Channel 1, came to my office yesterday to interview me on the opening of the new Zadroga Act 9/11 Victim Compensation Fund. See the complete TV segment here.

We discussed the background of the 9/11 Victim Compensation Fund and how claimant's can only "register" with the Fund at this time.  According to Special Master Sheila Birnbaum,  actual claim forms for "compensation" are not expected until the end of November, meaning that the actual filing of compensation claims may not start until December at the earliest. 

In addition to our discussion, Ms. Fortino interviewed my good friend and 9/11 survivor, Jack Delaney.  Jack was Director of Emergency Medical Services for New York Presbyterian Hospital and responded so quickly to the World Trade Center that he was caught in the rubble when the buildings collapsed.  (Read Jack Delaney's incredible story of 9/11 and it's aftermath here).

Anyone who reads such a story, yet fails to see the justification for the 9/11 Victim Compensation Fund, should have their head examined.

People like Jack, who will never tell you the full extent of their injuries, are the ones most deserving of benefits under the Zadroga Act, and the ones we will be fighting for.  

Troy Rosasco was recently profiled by the Long Island Business News in an article entitled "The Good Fight".  It discusses his long committment to 9/11 victims and the fight to get the Zadroga Act passed.  The article appeared in the newspaper's "Two Minutes" interview column and discussed the new Zadroga 9/11 Compensation Act. 

We will also be publishing some newly released helpful information for 9/11 victims and first resonders on our Zadroga 9/11 Claim Info web site  shortly. Stay tuned.

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.

Right now, the big disappointments in the draft rules, which are subject to a 45 day comment period for possible changes, is the lack of specific compensation coverage for victims with cancer or PTSD. Cancer coverage under the 9 11 Victim Compensation Fund  will be left to the decision of  John Howard, MD, the World Trade Center Health Program Director. The Zadroga 9 11 Act itself and the draft rules and regulations bar compensation claims for anything but "physical harm", eliminating claims for PTSD. However, claimant's with both PTSD and asthma, for example, would be able to collect for the asthma part of their claim.  

I will be submitting comments along with my 9 11 WTC Lawyer partner, Daniel J. Hansen shortly. 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 .   Talk then.

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. The two hour presentation was given in the same courtroom where I was sworn in as an attorney over 20 years ago - and it hasn't changed a bit!  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: who is a first responder under the Zadroga Act ?; are volunteers, construction workers, cleaners and other workers covered under the Zadroga Act ?; what medical conditions are covered under the Zadroga Act ?; what medical and compensation benefits are available under the Zadroga Act ?;   can you have a Zadroga Act compensation claim if you already received money from another 9/11 lawsuit ?; what toxic chemicals were found at Ground Zero and are they cancer causing ?;  who is the 9/11 Victim Compensation Fund Special Master ?; what is the definition of the "crash site" under the Zadroga Act ?; what cancer conditions are covered under the Zadroga Act ?;  and what are the deadlines for filing Zadroga Victim Compensation Fund claims ?.

Once again, I would like to thank the Supreme Court, Appellate Division for allowing me to present this progam.

Just finished watching the President inform the nation that our military and intelligence services have killed Osama Bin Laden.

If there was ever a time to be proud to be an American, tonight is it. In the almost ten years since 9/11 while this evil man avoided this well deserved ending, even the most patriotic Americans began to doubt that this day would come. Today we can finally lay this battle in the war against radical Islamic terrorism to bed by sending Osama Bin Laden to the Gates of Hell.  Give credit to our Commanders-in Chief, both Presidents’ Barack Obama and former President George W. Bush, for their relentless leadership in pursuing this terrorist.  

From the original 9/11 victims to the first responders to our military men and women overseas, Bin Laden has caused death, injury and disease to many Americans. Yet while we as a country tried to heal our physical and emotional wounds, our government continued the sometimes frustrating pursuit to bring this scourge of terrorism against humanity to justice.   

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. 

God Bless the United States of America!   

Whenever I am asked to give a Continuing Legal Education (CLE) Seminar for my fellow attorneys, I try and put my best effort into both the live presentation and the written materials. I recently did a Disability Claim video  CLE for Lawline, the nation's top online CLE producer, and it is clear to me that online CLE for attorneys is a fantastic option for those who do not have the time (can anyone identify!) to attend a live lecture.

The video CLE was entitled "Disability Insurance Claims Primer: The Plaintiff's Perspective", and the presentation focused on both the law and practical pointers involving private disability income insurance policies for professionals and employer based long term disability claims governed by ERISA.  Thankfully, it is getting top reviews from lawyers around the country.

The presentation and PowerPoint materials follow a hypothetically disabled trial attorney, " Atticus Finch" , and the reasons he can no longer do one or more of  the "material and substantial" duties of his profession.

It also touches on Short Term Disability, New York Workers' Compensation claims,  and Social Security Disability claims. About the only thing it does not touch on is Zadroga 9/11 Act claims, but then again the Zadroga Act  wasn't law yet! 

Like all my CLE presentations, I do not get paid for either the presentation or any re-broadcast.  I consider it a way to give back to the profession which has given me so much satisfaction over the years. I just finished a second Lawline CLE presentation on a brand new federal statute which should be appearing on a laptop near you shortly!

So if you need some extra CLE credit, pull out your laptop in the comfort of your own home, and check out my Disability Insurance Claims Primer, or one of the other great Lawline CLE courses.

Christopher M. Redmond, a Senior Partner at the New York Workers' Compensation Law Firm of Turley Redmond Rosasco & Rosasco, LLP, has opened a new office on Main Street in Sag Harbor, NY to serve injured workers from Montauk, East Hampton, Bridgehampton, Southampton, Sag Harbor and Hampton Bays.  He will continue to see clients from Westhampton and East Moriches in our existing Riverhead office.

While other places of the country continue to see an overall housing slump, Long Island South Fork ( from the Hampton's to Montauk) housing continues to thrive, providing construction and landscaping jobs throughout the region. Unfortunately, as a result, this also leads to an increase in  construction accidents, including falls off ladders, scaffolds and roofs, and into holes and ditches. 

Often times general contractors use off-the-books immigrant workers on both construction sites and on landscaping projects. These workers, often Latino, are rarely provided with the safety equipment they need, such as harnesses, safety goggles, ear protection and helmets. This leads to unnecessary construction accidents and more severe, permanent injuries. 

Any worker who has been injured at work, or on a South Fork, Long Island construction or landscaping site, should contact Attorney Chris Redmond, who also speaks Spanish, as soon as possible after the accident to learn his rights to file a New York workers compensation claim.  Even workers who are off-the-books or are in the US illegally can file a workers compensation claim, and doing so will not lead to deportation.  Call 631-399-0400 and ask to speak to Mr. Redmond's assistant, Carmen Rosado (x110) to schedule an appointment in our new Sag Harbor Office.

Photo courtesy of the NY Post

Worby Groner & Edelman and Napoli Bern, LLP , the much criticized 9/11 "victim" law firm, was accused of major conflicts of interest by federal judge Alvin Hellerstein recently regarding it's representation 59 separate 9/11 victims. Said Judge Alvin Hellerstein:

"Having thus been in conflict for months, and having done nothing about it, Napoli Bern failed to give these 59 Plaintiffs the proper representation to which they were entitled.

Instead, Napoli Bern favored the needs of the thousands of other clients whom it also represented. That this happened is hardly surprising, especially when one considers the possibility that Napoli Bern had financial motivations for preferring its thousands of settling clients."

See Judge Hellerstein's full 3/11/2011 decision here regarding Napoli Bern's conflicts and conduct. 

On the heels of this legal embarrassment, the New York Post today exposed a hurtful Worby Napoli advertisement picturing a current NYC Firefighter who never was at Ground Zero, but whose picture was altered with special computer software to make it look like he was a first responder.  And believe it or not, the Worby Napoli firm issued a press release immediately defending the misleading ad!!  Have they no shame? Do they really care about 9/11 victims? Or are they stereo-typical lawyers just out for the money? 

In my opinion, Worby Napoli's pattern of conduct over the last few month's is nothing short of disgraceful.   How can any future Zadroga 9/11 claimant trust this law firm? There are  many honorable Zadroga 9/11 lawyers representing 9/11 victims and first responders.  Unfortunately, the honorable attorneys are inevitably tarnished by the "900 pound gorilla in the room".  Sad.

When choosing a Zadroga Act lawyer, make sure you pick one with integrity.  At the end of the day, you must trust that your Zadroga lawyer is working for your best interests.

Join us for Zadroga Claim Webinar on March 26

Space is limited.
Reserve your Webinar seat now at:
https://www3.gotomeeting.com/register/330686110

Did you (or a family member) participate in the rescue, recovery or cleanup activities at Ground Zero?  Are you now ill from breathing and ingesting toxic dust and fumes at the World Trade Center site? If so, you may be entitled to a financial award from the recently reopened federal Victim Compensation Fund in the Zadroga Act.

Join experienced New York 9/11 Victim Compensation Fund (VCF) attorneys Troy G. Rosasco and Daniel J. Hansen for a free, fact filled webinar on March 26, 2011 at 12 noon EST discussing the new Zadroga Act. Subjects covered will include:

• Who is Eligibile under the Zadroga 9/11 Act for compensaton?
• What Illnesses are Covered by the Zadroga Act?
• How Do You File a Zadroga Victim Compensation Fund Claim?
• What is Needed to Prove Your "Damages", including "pain and suffering"?
• Who is the "Special Master"?
• How Much Money Can You Expect to Receive?
• Can You File a Zadroga Claim if You Already Collected Money from the Old VCF or other Lawsuits?
• How Long Will the Claims Process Take?
• How to Choose the Right Zadroga 9/11 VCF lawyer for you?

Join us for this lively, interactive Zadroga 9/11 Act Webinar (online seminar) to get the answers you (and your loved ones) need to protect yourself and get the financial compensation you deserve. You will be able to listen and interact either over your internet connection or by using a Toll Free telephone connection.

Title: 9/11 Zadroga Act Claims : What You Need to Know About the Victim Compensation Fund

Date: Saturday, March 26, 2011

Time: 12:00 PM - 2:00 PM EDT

After registering you will receive a confirmation email containing information about joining the Webinar.

System Requirements
PC-based attendees
Required: Windows® 7, Vista, XP or 2003 Server
Macintosh®-based attendees
Required: Mac OS® X 10.4.11 (Tiger®) or newer

I will be giving my annual New York Workers' Compensation Law lecture tomorrow night at St. John's Law School at the invitation of Prof. David Gregory, one of the country's preeminent labor law experts. 

This year my Workers' Compensation Law lecture takes on particular significance as the this week marks the 100th anniversary of the Triangle Shirtwaist Factory Fire tragedy in lower Manhattan, which was the seminal event leading to the establishment of workers' compensation laws throughout the country. 146 workers lost their lives either in the fire or jumping from the building.

As a former recipient of the Clara Lemlich Triangle Factory Fire Memorial Award, this important moment in labor history, along with the annual Triangle Dinner this Friday night at the Fire Museum of the City of New York, are close to my heart. I will certainly impress upon the law students the importance of understanding not only the "black letter" meaning of the New York workers' compensation law, but also its historical context.

In a eeirly sad coincidence, it just so happens that this year is also the 10th anniversary of the World Trade Center Disaster.  It took 90 years for the WTC disaster to eclipse the Triangle Factory Fire as New York's most deadly workplace accident.

We are still filing ongoing workers' compensation claims for 9/11 victims, survivors and first responders. In addition, this year has brought the passage of the new James Zadroga 9/11 Health and Compensation Act of 2010.   I will be sharing with the students facts about the new Zadroga 9/11 Act,  how to file a Zadroga Act claim, and what medical conditions are covered under the Zadroga Act.

Afterwards, the officers of the law school's Labor & Employment Law Society ussually join Prof. Gregory and I for a good Italian meal in Queens, maybe at Uvarara. Looking forward to that! I will post my materials on this blog after the lecture.

Last week the United States Environmental Agency (EPA) announced the inclusion of the Hicksville Verizon property, which previously housed the Sylvania nuclear fuel rod manufacturing facility, on its list of Superfund toxic cleanup sites.  Does Japan seem so far away now?!

Drew Scott of News 12 knew that I, along with Mitchell Breit, am representing a group of workers in a class action lawsuit who were exposed to the cancer causing chemicals TCE and PCE on the Verizon site and stopped by my Ronkonkoma office for quick interview for the five o'clock broadcast. Unfortunately, I worked late last week and missed the news broadcast, but here is Drew's News 12 blog post and my comments on the "Toxic Soup" on the Hicksville Verizon site.

Toxic Soup?

By Drew Scott

“It’s a toxic soup of contaminants!”

That’s how attorney Troy Rosasco describes an area in Hicksville that, along with four other communities, has just been tapped as a new federal EPA superfund cleanup site.

The former Hicksville Sylvania plant that made nuclear fuel rods for power plants in the 50′s and 60′s was closed, but Rosasco says he’s pursuing a federal class action lawsuit, representing dozens of neighbors and factory workers in the area.

Other areas designated for superfund cleanup status include New Cassel, Salisbury, Hempstead and Westbury. All these locations were being monitored by the New York State DEC and Army Corps of Engineers. The EPA says these areas are contaminated with either radioactive material or dangerous chemical solvents. Now the cleanup could get underway thanks to this new federal status. You can comment to the EPA with this link.

Meanwhile, we are still in federal district court on the class action case. In the interim, we are actively engaged in preparing Zadroga 9/11 Victim Compensation Fund claims  from an equally toxic site - Ground Zero.

Last year, a federal jury found Verizon liable and awarded my client Gerard Depascale and a co-worker $12 million for cancer and other illnesses contracted on the site.   Verizon had already reached an out-of-court settlement with neighbors in the surrounding area for $11 million. 

Last night I had the pleasure of giving Zadroga Claim Information  to 60+ volunteer firefighters at the East Islip Volunteer Fire Department.  Many of these brave volunteers immediately responded to the World Trade Center without any prompting from their department or other emergency agencies. They simply saw a tragedy unfolding, and like the professionals they are, put themselves in harms way.  True heroes.

Anyone who works with Long Island volunteer firefighters like I have for years knows that many of them hold day jobs as New York City police officers, correction officers and construction workers. Besides those volunteer firefighters who have Zadroga Victim Compensation Fund Claims, many also have Zadroga claims  relating to their regular line of work.

Whether you participated in rescue, recovery or cleanup work as a result of volunteer efforts (including the Red Cross and Salvation Army) or from your regular work (such as electricians from Local 3, IBEW), you should explore your rights and protections under the Zadroga Act by calling a Zadroga Lawyer.  Feel free to call me at 1-877-693-2529 ext. 123 to discuss a possible Zadroga 9/11 Claim.

The New York Disability Law Blog has been posting helpful information for claimants with work or non-work related disabilities for over five years now. Over the last year, many of our readers  began to ask when we planned to supplement our blog information with informational videos, such as those found on You Tube.

Well, the time is now. The Law Firm of Turley, Redmond, Rosasco & Rosasco, LLP  is proud to announce the launch of their own Internet Informational Disability and Compensation Claim Video Channel, in addition to their new You Tube Disability Law Channel.  Our lawyers have produced 50 helpful videos covering topics such as  Zadroga 9/11 Victims Compensation Fund Claims,  New York Workers' Compensation Fund Claims,  Construction Site Accidents,  Social Security Disability Claims, Long Term Disability Claims and  New York Civil Service Disability Pensions.

The first 10 videos (six on Zadroga Act  9/11 Claims by partner Troy Rosasco  and 4 on New York Workers' Compensation Claims by partners William Turley and Craig Rosasco) are part of the initial launch, while the remaining 40 videos will be launched in stages over the next few months.

We understand that many of our readers and clients like to digest information over the Internet in video rather than written form, and this Disability Claim Video Series  launch is intended to further our goal of providing helpful information, insight and commentary on disability claims to the general public in different formats. We hope you enjoy our new Disability Claim Video Channels and suscribe by email to watch as we add new helpful content  on a regular basis. 

Tell us the disability claim subjects you would like to see covered in future videos and we will try to cover them as soon as possible.  Until then, enjoy!

My friend and nationally recognized workers' compensation lawyer, Jon Gelman, just posted a Guest Post on his widely read blog written by me on the new 9/11 Zadroga Act and the Victim Compensation Fund.

This article explains some of the basic health provisions of the Zadroga Act and who may apply for benefits under the reopened 9/11 Victims Compensation Fund. I hope you find it helpful.

Last week Gregory Zeller of the Long Island Business News (LIBN)  interviewed me about the new Zadroga 9/11 Act and the reopened Victim Compensation Fund.  Read the LIBN Zadroga Act article here. 

While the focus was largely about the potential positive business impacts for health care providers, including the excellent 9/11 WTC Medical Monitoring and Treatment Program at Stony Brook University Medical Center based in Islandia under the direction of Benjamin Luft, MD,  the article also touched on the benefits available to victims through the newly reopened 9/11 Victim Compensation Fund.

If you have any questions, call me directly toll free at 1-855-WTC-INFO or visit our Zadroga 9/11 Claims informational website at www.zadrogaclaimsinfo.com.

The law firms of Napoli Bern and Worby Groner & Edelman continue to receive bad press in the major New York daily newspapers - the latest being the New York Post on January 20, 2011.  As usual, it once again involves a "fee dispute" on 9/11 World Trade Center cases.

"In court papers filed yesterday, lawyer Paul Hoffman said he's "appalled" that Worby Groner Edelman & Napoli Bern is seeking a piece of the estimated $5,000 his firm will collect from its clients' settlements", according to the Post.

No one will say that John Feal was not a tireless and successful advocate, among others, for the recent passage of the James Zadroga 9/11 Health and Compensation Act of 2010. We all owe this hero a debt of gratitude.

Unfortunately, Mr. Feal is now in the business of trying to recommend 9/11 Zadroga Claim lawyers.  Respectfully, he should stick to what he does best - legislative advocacy.  Mr. Feal's recent press releases regarding the attorney selection process for Zadroga 9/11 Victim Compensation Fund claims  only serve to confuse the population he intends to help.  

On December 28th, he told 9/11 victims:

"There is no need to do this with urgency, none whatsoever. So please be patient, and don't sign any documents with any attorney, until you have shopped and found the best possible attorney for you and your family."

Mr. Feal stated that he was planning on putting together a one-day seminar in February, perhaps to be held at Nassau Coliseum, for 9/11 victims to meet and evaluate potential Zadroga 9/11 Victim Compensation Fund lawyers.  We agreed with Mr. Feal and posted our opinions on the Zadroga 9/11 Lawyer controversy here.

Now, strangely, Mr. Feal has reversed himself and is urging 9/11 victims and first responders to contact  "as soon as possible" a specific lawyer who will then direct the victim to another  lawyer for Zadroga Victim Compensation Fund representation. 

Why?  Does it have anything to do with the fact that this specific lawyer  sits on the FealGood Foundation Board?  Does the FealGood Foundation, its Board Members or its officers directly, or indirectly, benefit from this new "lawyer referral " service?   More importantly, does it lead to the best legal representation possible for 9/11 victims?

Now lawyer websites are popping up like weeds advertising through Google as "endorsed by the FealGood Foundation".  This only hurts Mr. Feal and his Foundation's own credibility. You must draw your own conclusions regarding his "about face".  Sometimes our heroes can disappoint us.  It should not be this difficult or confusing.

Again, as we have previously stated and will continue to do so, there is no rush to hire an attorney to represent you before the 9/11 Victims' Compensation Fund.  It is unlikely that any claimant will be able to file a claim prior to this July. 

Get as much information as you can about your rights under the Zadroga 9/11 Act prior to even contacting a lawyer.  Click the following link for helpful information on Zadroga 9/11 Victim Compensation Fund claims.  Then contact and speak to a lawyer (owner) who will actually be handling your case rather than passing you off to another law firm. 

There are some cases that will not require attorney representation, avoiding the associated 10% legal fee. There are other cases that will.  The key is to know the difference.

If you have any questions, call Troy Rosasco at  1-855-982-4636 x123.

New York City Police Department Det. James Zadroga passed away five years ago today as a result of his exposure to toxins at Ground Zero following the 9/11 attacks. Please remember him and his family in your prayers.

In an effort to steer clear of the ongoing controversies surrounding certain 9/11 lawyers, the law firms of Turley, Redmond, Rosasco & Rosasco, LLP,  Daniel J. Hansen, Esq. and  Chet Lukaszewski, PC have launched an informational website for 9/11 heroes and victims simply named   Zadroga 9/11 Claims Info.   Our  team aims to restore the public’s confidence that there are attorneys with integrity who are willing to take these claims,  handle them professionally and do their clients justice.

It is hoped that  9/11 First Responders, 9/11 Survivors, construction workers, clean-up workers, volunteers and families can turn to this site for good, unbiased legal and health information regarding the new  James Zadroga 9/11 Health and Compensation Act of 2010.  Please feel free to visit and explore the site at  http://www.zadrogaclaimsinfo.com .

The site will be frequently updated with the latest Zadroga 9/11 Act information while we await the appointment of a new Special Master (decision maker on Zadroga award amounts) and updated regulations regarding the re-opened Victims' Compensation Fund.  You can subscribe for frequent updates on the site either through email or the RSS Reader of your choice.

If you have questions you cannot find answered on in the Zadroga 9/11 Claims Information Center on the site, please feel free to call Troy Rosasco toll free at 1-855-WTC-INFO x123. We hope you find the information and insight on Zadroga 9/11 Claims Info  helpful.

About the Authors 

Authored by a team of experienced attorneys with a long history representing 9/11 victims and first responders, this publication aims to make information and insight on the James Zadroga 9/11 Health and Compensation Act of 2010 readily available to its readers. 

Attorneys Troy G. Rosasco, Chet Lukaszewski  and Daniel J. Hansen bring together unique skill-sets and backgrounds in offering commentary on legal developments surrounding the re-opened 9/11 Victims Compensation Fund as part of the Zadroga Act.

Rosasco and Lukaszewski have been dedicated to the 9/11 rescuer and victim cause for many years, with the pair working diligently to get the Zadroga Act passed.  Rosasco and his law firm —  Turley, Redmond, Rosasco & Rosasco, LLP — represented victims and their families a week after the initial attacks, handling initial death claims on a pro-bono (free) basis.  Rosasco has also been writing on the subject for years on his own New York Disability Law Blog.

Joined by Daniel J. Hansen, an experienced Manhattan trial lawyer who obtained a record $19.6 million verdict for an injured construction worker in 2010,   the team aims to restore the public’s confidence that there are attorneys with integrity who are willing to take these claims, handle them professionally and do their clients justice.

The New York Post called it an "incredible blunder".   The New York Daily News reported that 9/11 sick workers were scared to sign any "settlement papers" or risk losing out on Zadroga Act Victims' Compensation Fund benefits.   This is not the first time that  the Worby / Napoli Law firms have been accused of "scaring" 9/11 heroes.

Now the law firms of Worby Groner & Edelman and Napoli, Bern are are fighting back and protesting the NY Post article in a barrage of internet press releases saying "Don't Go to the NY Post for Legal Advice". The New York Post issued a new editorial yesterday on the signing of the Zadroga 9/11 Act  and responding in part to the Worby / Napoli complaints.  We agree that no sick 9/11 hero should be getting their legal advice from the New York Post.

At this time, if you have not already signed a release of your prior 9/11 civil action claims and returned it to your lawyer, you should seek out a competent second  legal opinion, independent of Worby, Groner & Edelman and Napoli, Bern, prior to signing any settlement papers on your prior 9/11 litigation.

The problem is that under the Zadroga 9/11 Act, anyone who has not "tendered" a release in a prior 9/11 civil action  prior to the date president Obama signed the law (this past Sunday, 1/2/2011), is not eligilble for a compensation award under the Zadroga 9/11 Act.

Under New York Civil Procedure law, the definition of "tender" is:

The term "tender," as used in the statute, is defined as meaning "either to personally deliver or to mail, by registered or certified mail, return receipt requested" (CPLR 5003-a [g]). See the link here to the case of : DJS Med. Supplies, Inc. v American Tr. Ins. Co., 2008 NY Slip Op 52456(U) (App. Term, 2d).

That's why, according to the Daily News, the Worby / Napoli firms were sending urgent letters to their clients to return settlement papers at the last minute.

This all could have been easily avoided by the Worby / Napoli lawyers.  It was reported  by the New York Law Journal on October 18th of last year that  Judge Hellerstein approved the Port  Authority portion of the settlement.   Why didn't Worby, Groner & Edelman and Napoli, Bern get the settlement papers out to their clients soon after the settlement, rather than wait to the last minute?  Now, eligibility for Zadroga 9/11 Act benefits rests solely in the hands of a Special Master yet to be named, or as a result of further litigation.

With all due respect to the Court Appointed Ethics Expert Roy Simon, who Worby / Napoli use to back up their position in the press releases, he is not an expert on civil procedure.  He has not in the press release said that anyone "tendering" settlement papers after enactment of the law will be eligible for Zadroga Health and Compensation benefits. And most importantly, he will not be the one who makes the decision on Zadroga 9/11 Act eligibility.

As I said last week, what a mess!

President Obama today signed the James Zadroga 9/11 Health and Compensation Act of 2010 while vacationing in Hawaii.

For many 9/11 victims and their families, it was a long and painful road to this most deserving day. Some did not make it - and we mourn them and their sacrifice.

However, many 9/11 first responders, survivors, volunteers, construction workers and clean-up workers will now get the medical treatment and compensation they need so badly due to the Zadroga 9/11 Act - and for this we are all grateful.

Thanks to all the the unstoppable supporters of the Zadroga bill. Thanks to James Zadroga and his family - and all heroes like him.   

The New Year is upon us and hopefully we can all look forward to a better year in 2011 than last year. For disabled 9/11 survivors and first responders, the passage of the James Zadroga 9/11 Health and Compensation Act of 2010, after a long and arduous struggle by advocates who never gave up, was certainly the highlight of last year.  More and better health care for these heroes is on the way.

This year, let us dedicate ourselves to acting in a kind and generous way to all that need our assistance. Let us act as if the spirit of Christmas is carried by us all year long, and let us  remember to be grateful for all that our Gods have bestowed upon us.

The attorneys and staff of Turley, Redmond, Rosasco & Rosasco, LLP  wish everyone a Happy, and more importantly Healthy,  New Year!

On the heels of a unflattering article two days ago in the NY Daily News about the 9/11 lawyers at Worby, Groner & Edelman and Napoli, Bern,  Susan Edelman of the New York Post is reporting today on a potential mistake these lawyers may have made that could exclude them from filing Zadroga Act Compensation claims. 

Let's hope it is not true and that these heroes don't see their well deserved compensation go down the drain on a legal technicality.  I suspect federal district court Judge Alvin Hellerstein may have to come to the lawyers rescue on this issue - just to protect the innocent 9/11 heroes.

According to the article, the law firms of Worby, Groner & Edelman and Napoli, Bern have not yet gotten the needed signed "releases" accepting the settlement  from their clients, much less delivered them to the Port Authority.  If these releases are not received by the Port Authority by the time President Obama signs the new Zadroga 9/11 bill next week, any victim who subsequently signs such a release could be excluded from eligibility under the new Zadroga 9/11 Act. 

If this happens, such victims may then have no choice but to forgo the Port Authority settlement in order to now travel the long road to Zadroga 9/11 Act compensation.

This is not the way it was supposed to work.  The deal that was sold to these clients was that they should take the 9/11 litigation settlement now, use it to pay current medical bills, and then they would also be able to apply for Zadroga 9/11 compensation also.  What a mess...!  Stay tuned and pray for the best...

As reported yesterday in the New York Daily News, the Law Firms of Worby, Groner & Edelmann LLP and Napoli, Bern LLP are catching heat from many angry 9/11 First Responders and victims about their new Zadroga Act website which was planned to attact Zadroga Act claims prior to the passage of the  James Zadroga 9/11 Health and Compensation Act of 2010. 

Despite earning potentially over 100 million dollars on the recent lawsuits against New York City and angering many 9/11 widows and clients along the way in how their claims were handled (such as the extremely rare concept of attempting to charge clients interest on litigation costs - later denied by the federal Judge), they are apparently now trying to herd  their current clients (at a time of extreme financial and emotional vulnerability) to retain the firm to file Zadroga Victims' Compensation claims too. As reported in the Daily News, this includes texting messages to victims cell phones!

The Bottom Line - if you were a participant in any of the recently resolved 9/11 lawsuits against New York City and represented by a lawyer or law firm, you do NOT have to use that same lawyer or law firm to represent you in your Zadroga Victims' Compensation Fund claim. 

In addition, if you were previously represented by another attorney in a 9/11 New York Workers' Compensation claim,  a  9/11 WTC disability retirement claim as a police officer or firefighter from the NYPD or the FDNY, or any other 9/11 related victims claim, you should be aware that you have a right to a  fresh pair of experienced legal eyes from a different attorney to handle you Zadroga Act claim.

The skill set needed  for lawyers who handled the prior 9/11 litigation is far different from the legal skills needed to properly handle a claim before the newly re-opened  WTC Victims' Compensation Fund.  Unlike the lawsuits filed against New York City,  there will be no juries and litigation in federal District Court like the 9/11 cases before Judge Hellerstein. 

Lawyer fees are capped at 10% for Zadroga Compensation Claims, unlike the court imposed 25% in the prior lawsuits. And as John Feal of the FealGood Foundation  advises, their is no rush to sign a retainer with any Zadroga Claim lawyer or law firm just yet. 

You should explore any law firms' long-term commitment to 9/11 First Responders and victims before you sign any paperwork.   Can you talk to the actual owners of the firm (as you should)? Find the lawyer that you personally feel comfortable with who will also get you the best results.

Important Fact:  One misconception about the "so called benefits" of using a former attorney for your Zadroga Compensation claim must be dispelled.   No lawyer or law firm can claim that you should use their services because they "already have your medical records".  In New York State, you are the "owner" of the entire contents of your prior legal file. 

In fact, Zadroga Act claims are particularly well suited for lawyers who concentrate in administrative law such as workers' compensation claims, Social Security Disability claims, and NYC disability pensions.  A thorough knowledge of these types of claims is essential since any money a client may have received from such sources may be an "offset" (a subtraction) from his final Zadroga Act settlement. 

You can show up on your lawyers' doorstep at any time and demand a copy of your complete legal file ( including medical records ) so you can bring it to another lawyer for review. Since most of these records are now scanned and kept electronically, a prior law firm could press one button on a keyboard to send you or a new lawyer your entire legal file, as long as it is done securely to protect your privacy.

Another easy method would be to simply sign an official New York State Office of Court Administration Authorization like the one here and have your new attorney arrange to get a copy of your file for you.  This will keep you out of any awkward situations with your prior attorney, and avoid any undue delays. 

As always, we will continue to keep you informed on your rights under the James Zadroga 9/11 Health and Compensation Act of 2010.   Feel free to call Troy Rosasco toll free at 1-877-693-2529 x123 with any questions.    

Christmas!

• A time for giving with no expectation of anything in return.
• A time when we may all put aside petty grievances and rejoice in the many blessings bestowed upon us.
• A time when we extend an outstretched arm to those in need, and remember when we ourselves were in need of a lift up.
• A time for God and sinners to reconcile. 

For the attorneys at Turley, Redmond, Rosasco & Rosasco, this is what Christmas time is all about. In that spirit, we wish you and your families a very Merry Christmas and a Healthy New Year!  May no injuries or disabilities visit your doorstep in 2011. For those struggling with injury or illness already, may 2011 bring you the a quick and complete recovery.

As Tiny Tim observed, "God Bless Us, Everyone!"

Many victims and/or their families have been calling today to find out if they are eligible for compensation and health benefits under the new Zadroga 9/11 Compensation Act. Here is the text of the final Zadroga bill passed by the Senate yesterday which will now go to President Obama to sign. Our Zadroga Act lawyers are currently studying the final version and will be providing further analysis and interpretation in the near future. A careful reading of this bill is the starting point for all who may want to check their eligibility.

Some of the medical conditions for survivors in the Zadroga 9/11 Act that will be covered are listed below: 

`(b) List of WTC-Related Health  Conditions for Survivors- The list of health conditions for screening-eligible WTC survivors and certified-eligible WTC survivors consists of the following: 

`(1) AERODIGESTIVE DISORDERS- 

`(A) Interstitial lung diseases. `(B) Chronic respiratory disorder--fumes/vapors. `(C) Asthma. `(D) Reactive airways dysfunction syndrome (RADS). `(E) WTC-exacerbated chronic obstructive pulmonary disease (COPD). `(F) Chronic cough syndrome. `(G) Upper airway hyperreactivity. `(H) Chronic rhinosinusitis. `(I) Chronic nasopharyngitis. `(J) Chronic laryngitis. `(K) Gastroesophageal reflux disorder (GERD). `(L) Sleep apnea exacerbated by or related to a condition described in a previous clause. 

`(2) MENTAL HEALTH CONDITIONS: 

`(A) Posttraumatic stress disorder (PTSD). `(B) Major depressive disorder. `(C) Panic disorder. `(D) Generalized anxiety disorder. `(E) Anxiety disorder (not otherwise specified). `(F) Depression (not otherwise specified).`(G) Acute stress disorder.`(H) Dysthymic disorder. `(I) Adjustment disorder. `(J) Substance abuse. 

`(3) ADDITIONAL CONDITIONS- Any cancer (or type of cancer) or other condition added to the list in section 3312(a)(3) pursuant to paragraph (5) or (6) of section 3312(a), as such provisions are applied under subsection (a) with respect to certified-eligible WTC survivors.

 

The New York Daily News just reported that a deal on the James Zadroga 9/11 Health and Compensation Act of 2010 has just been reached in the United States Senate.  ABC News also has an excellent story on the Zadroga 9/11 deal here. This is great news for the victims and families who have waited so long for this day to come.

Just last night, Sen. Tom Coburn of Oklahoma was threatening to block the Zadroga 9/11 WTC bill, and according to the Daily News report, it appears that he negotiated significant modifications to gain his support. Specifically, the original 10 year,$7.4 billion treatment and compensation package has now been trimmed to 5 years and $4.3 billion. 

It reopens the 9/11 Victims Compensation Fund  and caps attorney fees at 10%, which is fair.  According to the Daily News, it also bars first responders who will collect from the recent 9/11 lawsuit settlement from "double-dipping" (as if this was their first concern!). My clients just want to get healthy and protect their families financial future.    

More details on the actual bill that will be passed and signed into law will be filtering out soon and we will post the final version of the bill here.  For now, let's celebrate winning a hard fought battle for a bill, which while probably not perfect, is certainly better than no bill at all.

As always, feel free to contact Troy Rosasco with questions about eligibility at 1-877-693-2529 x123.  Merry Christmas and Happy Holidays to all our heroes. Stay tuned for further details.

When I last posted on the prospects of the James Zadroga 9/11 Health and Compensation Act of 2010, I was urging at least one Republican Senator to step up to the plate and act like a true Statesman.  Well, it looks like the yet to be named Republican(s) is finally on board. The tortured history of the long overdue Zadroga 9/11 bill is almost over, and hopefully the Senate will pass this much needed legislation prior to Christmas. That is, unless Republican Senator Tom "Scrooge" Coburn gets in the way! (see his cruel opposition paper to the Zadroga Victims Compensation Bill here).

Once the bill is law, we can all start to pitch in to get the 9/11 WTC heroes  the just compensation they and their families deserve. The text of the most recent version of the Zadroga Bill (likely to be changed in regards to funding and offsets in the final version) can be read and printed out here.

A great deal of political credit is due to Senators Schumer and Gillebrand, and New York City Mayor Mike Bloomberg. However, the real credit goes to these victims, many now dead, dying or chronically ill from unusual cancersand respiratory diseases, who dove into the rubble at Ground Zero after 9/11 to save lives without any concern for future compensation.  The grass roots efforts of the surviving WTC victims, their families and support organizations such as the FealGood Foundation to pass this bill is a testament to the American Spirit; we don't quit until the job is done.

Anyone with questions about their eligibility for compensation and health benefits under the new Zadroga Victims' Compensation Fund which will soon be created should feel free to call Troy Rosasco toll free at 1-877-693-2529 x123.

If the Zadroga 9/11 bill passes at this time of year,  the verse "Hark the Herald Angel Sings... God and some  "Republicans"  reconcile !" should be sung from the church pews.  Merry Christmas!    

Many say passage of the Detective James Zadroga Bill in the US Senate is all up to Chuck Schumer now.  Not so. 

It's really up to one brave Republican Senator willing to put partisan politics aside and do the right thing by these "injured war veterans".  They may not have served in Afghanistan or Iraq, but they were attacked all the same.

Many first responders unfairly closed out of the most recent mega 9/11 settlement may only have the Zadroga Bill to fall back on - and they are just as sick as the ones now being compensated in the lawsuits approved by Judge Alvin Hellerstein, according to Congresswoman Carolyn Maloney.

Which Republican Senator would vote to deny Iraq and Afghanistan war vets their right to medical care and compensation? Not one.

But because this issue has been portrayed as simply a local New York matter by some Republicans or another debt inflating conundrum by others, the Mitch McConnell crew in the Senate have not broken ranks - yet.

So which Republican Senator will be a Statesman rather than a politician? Whoever it is, I'll get out my chisel now and climb Mt. Rushmore, but I'm not holding my breath. 

That's the big question in all the New York newspapers today ( see New York Daily News, NY Times, NY Post and New York Law Journal ).  One eligible firefighter stated on radio today that this decision was tougher than his decision to go into the burning World Trade Center on 9/11  - and I believe that is the case for many of the close to 10,000 plaintiffs in this case.  That firefighter has decided to take the settlement, although he is unsure of what his eventual recovery will be. Another cancer victim has decided not to accept the settlement.

In addition, I have received over 10 telephone calls already this morning from potentially eligible plaintiffs who still did not know about the lawsuit and settlement.  That's a shame since it is estimated that close to 40,000 workers and volunteers participated in the cleanup at Ground Zero, yet only 10,000 are involved in the present lawsuit.  The current lead plaintiff attorneys are no longer taking new cases (they have their hands full), and potential future plaintiffs may find it difficult to find any attorney at this point.

Finally, what happens to the workers who are not yet sick, participated in the cleanup, but get sick in the future with cancer or lung problems?  Perhaps their only recourse will be to hope that the Zadroga bill to re-open the 9/11 Victims' Compensation Fund is is signed into law.  Zadroga was recently passed by the House of Representatives, but is facing an uncertain future in the lame duck Senate. 

As I have stated in prior posts, I believe the current settlement is the "best possible" for now, and I urge the plaintiffs to approve it.  I understand that it is a tough choice and not the perfect solution.  However, the alternative is an uncertain future and perhaps getting nothing in the end given some valid legal defenses to these claims. That would be flushing $712.5 million down the drain.  Is the bird in the hand better than two in the bush...?

If you are a practicing workers' compensation lawyer  in New York  and missed Craig Rosasco's presentation on the New Workers' Compensation Treatment Guidelines in Albany last weekend,  you missed one of the best CLE's I've attended in a long time. The over 70 attendees who completed evaluations seemed to agree enthusiastically.

Craig had been asked by Touro Law School, his alma mater,  to prepare the training if they were selected by the NY Workers' Compensation Board to do training throughout the entire state.  The contract for the training on the New Medical Treatment Guidelines ended up being awarded to Albany Law School. 

Realizing an opportunity with perfect timing, IWBA President John Sciortino  called upon my partner (and brother) Craig Rosasco  to present his seminar at the Fall IWBA conference.  The Dean of Touro's Medical School, Robert Goldberg, DO presented the next day. The New Treatment Guidelines take effect December 1, 2010. 

The Workers' Compensation Board is now offering on-line CLE training for attorneys and separate on-line training for medical practitioners, who arguably need the training far more than the lawyers. However, these trainings by their nature must be even-handed to all the so-called "stakeholders" in the workers' compensation system. 

Craig's seminar was geared specifically to benefit the injured worker, his medical providers and his attorneys.  Congratulations to Craig for enlightening over 70 members of the bar from across the state and making this past IWBA conference so well received.

Three cheers for the House of Representatives!!!

The House of Representatives today approved legislation to provide billions of dollars in medical benefits to rescue workers and residents of New York City who suffered illnesses from breathing in toxic fumes, dust and smoke at Ground Zero.

The James Zadroga 9/11 Health and Compensation Act,  is named after a New York City detective who participated in the rescue and recovery efforts at Ground Zero after 9/11. He in died in January 2006 due to difficulty breathing caused by his exposure at Ground Zero.

Importantly, the bill includes a provision that permits money from the Victims Compensation Fund to be paid out to plaintiffs who receive payments under the pending settlement stemming from lawsuits that 10,000 rescue and cleanup workers filed against the New York City.

The bill's prospects in the Senate are unfortunately less bright, but this was a morally right step for the victims and families of first responders. These heroes need permanent heath care guaranteed!

"U.S. Attacked" read the headline from the New York Times on 9/12/2001. Nine years ago tomorrow the former World Trade Center was taken down by two jetliners hijacked by radical Islamic terrorists associated with  Al-Queda. While the physical structure of a great city landmark was reduced to rubble, the immediate deaths and continued illnesses caused by this attack continue to haunt many New Yorkers.

However, a ray of light is now shining on Ground Zero as the new One World Trade Center (formerly the Freedom Tower) rises from the ashes as seen in the recent photo above. As the New York Disability Blog has done since its inception, we again mourn those who perished at Ground Zero resulting in the largest workers' compensation event in history. We salute those heroes who sacrificed their lives on and after that fateful day. Finally, we pray for the health of those who are currently sick or will become sick in the future.

On a related issue, it is often easy for those of us in New York to forget the victims of 9/11 who perished at the Pentagon building or in a Pennsylvania farm field. I just happen to be traveling upstate tomorrow for a West Point football game with my son, where I am sure there will be a ceremony acknowledging the impact of 9/11 on Army families throughout the country and overseas protecting us from future attacks.   Please remember them in your prayers as well.

Don't fax WTC-12 forms to the New York State Workers' Compensation Board!  This is not sufficient and you may lose your protections.

After filing our post last night urging all rescue, recovery and cleanup workers to file their WTC12 forms by 9/13/2010, I got this important and nice reply from a representative of the New York Workers' Compensation Board:

"I saw your posting this morning announcing you will provide free notary and faxing services for World Trade Center workers to file a WTC-12. While I applaud your efforts, I just want to make certain you know that we [ the Workers' Compensation Board ] must receive the original, signed and notarized WTC-12 by September 13. A faxed copy is not sufficient." [emphasis added].

In addition, the Board directed us to the following helpful WTC-12 information: 

The Board must receive the original, signed and notarized WTC-12 by Monday, Sept. 13. Board staff will be available in New York City metropolitan area offices to assist in completing and filing the forms. Faxing, e-mailing, and simply mailing it or postmarking it by that date is not sufficient. While the statute has a Sept. 11 deadline, the law extends any deadline to the following Monday when it falls on a Saturday or Sunday. Therefore, the Board will accept all WTC-12 forms that are received on or before Monday, Sept. 13. The Board will update and relaunch its Tell Us You Were There radio and television commercials, with former New York Yankee Bernie Williams, later this month to promote awareness.

Sorry for the mistake and we hope this does not cause any confusion on the part of those who should still file the WTC-12 form. We will continue to offer free Notary services for the WTC-12 form by appointment, but we cannot offer faxing services since this is not legally sufficient to protect your rights. Feel free to call with any questions at 1-877-NY-DBLAW  x123. 

Until Friday, September 10, 2010, our New York Workers Compensation lawyers will be providing free notary and fax services for World Trade Center Ground Zero workers and volunteers who have not yet registered for potential future benefits using the official WTC-12 form, which requires a notary to witness the claimant's sworn statement.

Despite a very aggressive public outreach campaign by the NY Workers Compensation Board and NYCOSH (including waves of TV and radio ads - see Yankee Bernie Williams above), many potentially eligible 9/11 workers and volunteers have not yet registered with the New York State Workers' Compensation Board to protect themselves if they get sick in the future due to their heroic 9/11 Groun Zero service.

The last day the Board will accept the required WTC-12 form is September 13, 2010 (different from the originally publisized date of September 11, 2010 since the 11th falls on a Saturday when the WCB is closed). If you, or someone you know, falls into this category of workers or volunteers, please ACT and FILE immediately to protect your rights to future medical and lost wage benefits.

The New York Disability Law Blog has done its best over the years to help educate 9/11 workers of the need to file the WTC-12 form, even if they are not yet sick.  However, the filing date is almost here - 9/13/2010. 

The WTC-12 form contains an address for filing, but at this late date we strongly suggest you either fax the form to the Workers' Compensation Board at  1-877-533-0337 or drop the form off in person at one of the New York Workers' Compensation Board's Local District Offices.

Any questions, you can contact the Workers' Compensation Board at 1-877-533-0337 or one of our NY Workers Compensation attorneys at 1-877-NY-DBLAW  x123.

The final deadline for Ground Zero 9/11 rescue, recovery and cleanup workers to register to file a New York Workers Compensation claim  in the future is September 11, 2010. 

The workers compensation lawyers at Turley, Redmond Rosasco and Rosasco are supporting our friends at the New York Committee for Occupational Safety and Health (NYCOSH) both financially and through the New York Disability Law Blog get out the word to the estimated 50,000 eligible 9/11 workers who have not yet registered.

This important protection will help them with medical insurance and lost wages if they later become sick as a result of exposure at Ground Zero. Click here to find the official WTC-12 Registration form which must be filed prior to September 11, 2010.  Please take a few minutes to complete this form to protect you and your family.

If you have any questions about registration or filing Ground Zero 9/11 New York workers compensation claims, do not hesitate to call us toll free at 1-877-NY-DBLAW.

As I have done for a number of years now, I will be lecturing tomorrow at the Hilton Hotel in Melville to my fellow NY workers compensation lawyers on "Practice Tips & Ethical Considerations" under the New York State Workers Compensation Law. 

I will be sharing info in my materials on the 2007 NY Workers" Compensation Reform Law including a table explaining the new "caps" on Permanent Partial Disabilities and the new maximum workers' compensation benefit rate, which is $739.83 for all accidents on or after July 1, 2010.

This is a great opportunity for personal injury lawyers to get a basic grounding in the 2007 reform changes and for other New York workers' compensation lawyers to sharpen their skills while earning required Continuing Legal Education credits.  Hope to see you there!

Federal Judge Alvin Hellerstein called the new $625 to $712 million proposed 9/11 settlement for sick first responders and rescue workers a "very good deal" today.  Lawyer fees have now been reduced from 33% to 25%, while the actual settlement has been increased significantly. This will put more money in the hands of seriously sick first responders and their loved ones.

Judge Hellerstein has set a hearing for later this month so that all interested parties can comment on the newly proposed settlement.  After the initial settlement proposal was publicized this past March, both the Judge and certain rescue worker groups claimed the the settlement was not enough and that lawyer fees were too high. It remains to be seen what groups representing injured workers feel about the new settlement proposal, but no one can argue that seriously ill workers will do better under the current proposal.  

If you are a rescue worker or first responder who is currently or potentially sick due to your exposure at Ground Zero, this may be your last opportunity to join the lawsuit.  Feel free to call  Turley, Redmond, Rosasco & Rosasco  Toll Free with any questions at 1-877-693-2529, extension 123.

Today is Workers' Memorial Day worldwide, a day we solemnly remember all those workers who have died tragically in workplace accidents over the years.  More US workers have died on the job over the course of history than anyone knows or cares to remember. Witness 9/11, but don't forget the workers who die every day in less dramatic fashion. To understand the gravity of this problem, a must read is the 2010 Death On the Job Report from the AFL-CIO. Read it and really weep.

My most recent NY workers' compensation death claim involved a Long Island warehouse worker who had a skid of heavy boxes tip over and land on his head. Despite the heroic efforts of his co-workers, he was dead before he reached the hospital. He left a wife and two children under age ten. Without ant sense of remorse, the workers' compensation insurance carrier was calling me within 10 days of the death to try and settle the claim for less than full value. I told them to take a hike.

We went right to the New York State Workers' Compensation Board and petitioned the court for benefits for the widow and children, including funeral costs. The judge awarded the widow benefits for life and funeral costs, in addition to benefits for the children while they are dependent minors. I bet the claims adjuster on that file doesn't even know its Workers' Memorial Day today!

God bless all the families who have lost loved ones on the job over the years. The most recent large scale tragedy to come to mind was the recent deaths 29 coal miners in West Virginia.  The attorneys at Turley, Redmond Rosasco & Rosasco  wish the families peace and comfort.

While I am sure that most of the general public has heard about last week's potential $657 million settlement for 9/11 First Responders ( including volunteers), do you want to read the entire 95 page  World Trade Center Settlement Process Agreement ? In addition to the agreement, there are attached to the agreement multiple Exhibits A  through U  (click here and here for examples)which put the total page count in the multiple hundreds of pages. 

Thankfully, the over 10,000 first responders have been given 90 days dissect this important document before the must vote to approve or disapprove the proposed settlement.  Awards to individuals or families could range anywhere from a high of over one million dollars to a low of $3,200.00, with an expected average award according to news reports to be in the $50,000 - $60,000 range.  Finally, U.S. District Court Judge Alvin Hellerstein must also approve of both the settlement agreement and the amount of attorneys fees. 

As most of my readers know, I have been covering 9/11 workers' compensation and litigation  developments on this blog for over five years now.  After the announcement of the proposed settlement last Thursday night, my office has received another rush of calls. Many want to know if it is too late to join this lawsuit now as plaintiffs.

The answer is "No", it's not too late.  However, time is short for attorneys to review new client medical records for eligibility and make the appropriate claim,if any.  If you have yet to sign up for this litigation and you were a first responder or volunteer who worked at Ground Zero, now may be your last chance to join this potential settlement.  Remember - this lawsuit is separate and apart from any New York Workers Compensation claim you may have in the past, currently or in the future.

Since last Thursday, I have taken numerous phone calls from first responders and/or volunteers with serious lung conditions or cancers who never knew about the existence of this lawsuit. I encourage all  first responders or volunteers who have been diagnosed with a condition potentially related to their exposure to dust and toxins at Ground Zero, and have not already signed on to this lawsuit (you probably would have signed a formal 1/3 retainer agreement), to contact an attorney today.

Readers of this blog can always call me toll free at 1-877-NY-DBLAW (1-877-693-2529) , extension 123 with any questions. Let's hope that this proposed settlement brings some closure for sick first responders and their loved ones. They deserve it.

Photo courtesy of NY Daily News

Whoever thought that a seemingly harmless job at Dunkin Donuts in Smithtown could cause the death of a 17-year old student in his prime? As reported in Newsday, Amiri Zeqiri fell into a cesspool after a metal cover collapsed while he was walking to dump garbage behind the Donut shop.

The bizarre accident is reminds me of the sad death last year on Long Island of the Walmart employee who was trampled by a crowd of over eager customers in Valley Stream. You would not normally think of Walmart as an exceedingly dangerous place to work either, but workers compensation lawyers like myself deal with such unusual death claims on a regular basis. 

So what, if anything, is the family of this young man entitled to from the workers compensation system for the loss of his life? Unfortunately, not much. Assuming he has left no dependents, his life under the New York Workers' Compensation Law is worth a meager $50,000 payable to his estate. In addition, the insurance carrier for Dunkin Donut's will have to pay $6,000 toward his funeral bill (this is the maximum allowed under the law currently, although funerals on Long Island are currently costing at least double that amount). 

So initially, regardless of the family's current financial status, they are going to have to come up with big bucks just to bury their loved one, and wait months for only partial reimbursement through the workers' compensation system.  This obviously just adds insult to injury. 

Our thoughts and prayers go out to the Amiri Zeqiri's family.  However, we are glad that Suffolk County homicide detectives continue to investigate why the sewer cover collapsed. Certainly, the owner of the property, JKH Realty Group in Queens (no stranger to Town of Smithtown violations) , has a lot of explaining to do.

But for the time being, let us all remember that there are no "safe" workplaces here in New York, even if its just the local donut shop.  

Newsday reports today that Brookhaven National Lab workers with cancer who were exposed to radiation at BNL during the Cold War will finally be able to receive the federal workers' compensation benefits that Congress intended when it set up a special compensation program for these workers in 2000.

The facts surrounding the Brookhaven exposures are eerily similar to the case our office won at trial regarding our clients who were exposed to radiation, TCE and PCE at the old Sylvania Nuclear Fuel Rod plant in Hicksville, New York. The current owner of the property, Verizon, is now fighting off multiple individual and class action lawsuits for cancer and other illnesses arising from the Hicksville nuclear site .

Prior to today's announcement, the Energy Employees Occupational Illness Compensation Program Act had been a dismal failure for former Brookhaven National Lab employees. In a decade, only 17 of 123 cancer cases had been approved due to the difficulty in establishing "dose exposure". The new "special class" of BNL Cold War workers will make it dramatically easier for those with radiation induced cancers to collect a lump-sum benefit of $150,000 and medical care.

I suppose "better late than never" is the best that can said for the federal government's shoddy treatment of the Brookhaven National Lab  workers.

At this magical time of year,  while so many New Yorkers are still struggling economically, let us not forget all the important things we still have.  In the spirit of the Christmas season, let us try to put aside our worries, if only for one day, and rejoice for the things that matter most - the happiness and health of our families!

For those among us who are not working due to accidents or disease, may 2010 bring you a return to work and good health.  The attorneys at Turley, Redmond, Rosasco & Rosasco have dedicated our professional lives to representing injured and disabled claimants with construction accident claims, ERISA and private long term disability claims, Social Security disability claims and workers' compensation claims.  May 2010 bring happier, healthier and more prosperous days to all the clients we serve.  Merry Christmas and Happy Holidays!

In a ground-breaking victory in a David vs. Goliath courtroom setting (it appeared that Verizon had no fewer than 15 attorneys from around the country at the trial), our client Gerard DePascale, his wife, and Liam Neville were awarded $12million today by a jury against Verizon in federal District Court in Central Islip, New York. Specifically, both Mr. Depascale and Mr. Neville were awarded $5 million, while Mrs. DePascale was awarded $2 million.

Gerard DePascale came down with a rare cancer, Stage 4 extra-skeletal myxoid chondrosarcoma, as a result of being exposed, without his knowledge, to various cancer causing toxins on Verizon property while working for a company called Magazine Distributors. The cancer spread to his lungs and he has endured numerous surgeries. Liam Neville also worked for Magazine Distributors in the same location and developed severe kidney disease as a result of the unknown exposure.

The evidence presented at trial showed that Verizon knew about the toxic waste dump on its land in Hicksville as early as 1986 and had an opportunity to investigate and clean-up the site.  However, Verizon never notified the workers of the potential danger on the site and it was only after years of exposure to the workers that they began to do a belated clean-up.

In a related case, Turley, Redmond, Rosasco & Rosasco along with attorney Mitchell Breit, has a pending class action in federal court against Verizon for exposure of these toxins to all workers (which could be well over 1000) in a "medical monitoring" class action lawsuit.  We seek to establish a "9/11 type fund" where Verizon will have to pay for all future medical expenses to monitor the health of the innocent workers. We seek to have the "medical monitoring to be done at Mt. Sinai Medical Center, just like the 9/11 victims.  In another related case, Verizon has already settled with residents in the surrounding area in a multi-million dollar settlement to compensate them for their increased risk of cancer.

Turley, Redmond, Rosasco & Rosasco, LLP has already won Mr. Depascale's workers' compensation claim before a trial judge at the New York State Workers Compensation Board, but the case is still unresolved as a result of the employer's appeal.

Congratulations are due the plaintiff's lead lawyers, Gonzalez & Robinson, from California. Finally, we wish both the DePascale and Neville families the best of luck. Verizon is sure to appeal, so their fight is not over yet. But the verdict today still is a prime example of how a jury of your peers can level the playing field against giant corporations with unlimited resources such as Verizon. 

I am looking forward to attending the Inaugural Dinner of the new St. John's University School of Law Center for Labor and Employment Law at the Williams Club in New York City this Thursday. In attendance will be our Law School's new Dean, Michael A. Simons.  I am deeply honored to have been asked to become an inaugural member of the Board of Advisors of this prestigious new Labor and Employment Law Center  ,which I am sure will be yet another jewel in the law school's crown.

The Center for Labor and Employment Law would not have been possible without the long-standing support and groundwork of David L. Gregory, The Dorothy Day Professor of Law.  Many moons ago when I was President of the Law School's Labor & Employment Law Society, we recruited the iconic Cesar Chavez, then President of the United Farm Workers, to speak on campus to a rousing student body. Since then, Dave Gregory has turned the law school into one of the nation's pre-eminent recruiting locations for future labor lawyers. 

The new Center's stated purpose is to:  "creatively and dynamically prepare law students for professional excellence as superb labor and employment lawyers of impeccable integrity". Having been a Guest Lecturer at the law school for over 15 years now, I can unequivocally state that St. John's Law School produces some of the finest future labor lawyers in the United States. The new Center will only add to the it's already well deserved reputation.   

The Attorneys at Turley Redmond, Rosasco & Rosasco are honored to have LexisNexis name our New York Disability Law Blog one of the top 25 workers compensation blogs in 2009 from across the United States for the second year running! LexisNexis is the premier legal publisher in the US, and to have their commendation means a lot not only to our law firm, but to our loyal readers as well. 

We are among very good company, as the top 25 workers" compensation blogs include such notables as The Workers' Comp Insider,  Safety Community, Workers' Comp Forum, Managed Care Matters and the NY Workers' Compensation Alliance Blog (which was written by me up until 9/11/2009). 

Our attorneys take seriously our devotion to providing timely and useful information to claimants injured on the job. To that end, we will be launching a new blog soon aimed more narrowly to the special issues faced by workers hurt on construction sites in NYC, The New York Construction Accident Law Blog.  We will announce the official launch here, so look back in the next week or so.

Once again, thanks to LexisNexis for their recognition of all 25 top workers' comp blogs. While producing well written and useful blog posts can be time consuming, we all do it because we care about injured workers. 

Great legal news for injured and ill 9/11 rescue and recovery workers!  In an article published in Newsday today, Governor David Paterson has just signed a new law effective September 16, 2009 allowing workers who missed lawsuit filing deadlines to sue New York City for negligence for telling workers that the air at Ground Zero was safe, when in fact it was deadly soup of toxins.

Any sick 9/11 Ground Zero worker who had a prior claim dismissed or who never filed a claim in the first place should contact our office immediately at 1-877-NY-DBLAW (1-877-693-2529) to discuss a new lawsuit. These lawsuits are not the same as the filing a World Trade Center workers' compensation claims, which we have been handling now for many years.

Our office would be glad to explain the difference and your filing options   given the new law.  There are additional strict filing deadlines in the new law.  Ask to speak to Troy Rosasco at extension 123.

Many thanks to State Senator Andrea Stewart-Cousins (D-Yonkers) and Governor Paterson for their continued concern and support for 9/11 rescue and recovery workers and volunteers.

Turley, Redmond &  Rosasco, LLP,  New York's Leading Construction Accident Lawyers and Workers' Compensation Lawyers,  wishes all NY workers, either healthy or injured, a restful Labor Day 2009.  You deserve it. Stay safe out there! 

OK - its time to try out this Twitter thing!  My good friend Kevin O'Keefe of LexBlog says it is an important tool to provide helpful info to my clients and readers, and I have great respect for his opinions on lawyers and Internet technology. 

If you look to the left side of our blog and scroll down a bit, you will see my last five Twitter posts.  From my perspective, Twitter allows me to quickly get out useful information and news without having to compose a full blog post. Why? You can only use 140 characters in any Twitter post, so you better get to the point fast!

For example, I broke the story about the appointment of Robert Beloten as the new NY Workers' Compensation Board Chairman on Twitter within minutes of confirming it with the NY Times, and this "tweet" ( the term Twitter uses for a "post" ) was  "retweeted" (RT) across the Internet  multiple times the same day.  News travels with lightning speed on Twitter.

In any case, we will give Twitter a "twhirl" and if our readers like it, we will continue to tweet away!

When I first started practicing workers' compensation law in the early 1990's at the Hempstead, NY hearing office,  Robert (Bob) Beloten was one of the sitting Workers' Compensation Law Judges. In many ways, I was very "green" and needed some guidance on how things "really worked" at the WCB.  Not only did Bob Beloten provide such guidance to me and other young attorneys at the time, he also made sure that our lack of experience did not harm our clients. That's what a good judge does- and Bob Beloten was certainly among the best.

When I was asked to present a seminar on workers compensation law at St. John's University Law School a few years back and needed a judge to offer his perspectives, I immediately reached out to Judge Beloten.  He graciously accepted and the law students at St. John's were treated to one of the finest seminars on judicial independence and philosophy in some time.

Bottom Line - Robert E. Beloten is a top notch workers' comp professional who has lived and breathed the workers' compensation law for most of his legal career. The NY Times has a nice article out today about Robert Beloten's appointment as WCB Chair.  Governor Paterson has made a wise choice in selecting the next Chairman of the New York State Workers' Compensation Board.  I wish him the best of luck!

How many times has one of your clients told you the IME or FCE physically hurt them during the course of a so called "independent medical exam" or "functional capacity exam"?  What if the injury is permanent?  Can they sue the IME doctor or physical therapist for medical malpractice?

According to a sharply divided NY Court of Appeals, the answer is "Yes".  On June 24, 2009, the Court in Bazakos v. Lewis, 209 NY Slip Op 05199, the majority ruled that the claim of the plaintiff was that the doctor “breached his duty "to perform the examination in a manner not to cause physical harm to the examine." and found a "limited doctor-patient relationship" between the examiner and the claimant. 

New Chief Judge Jonathan Lippman was almost apoplectic in a strongly worded dissent. The dissent argued that there was no medical treatment provided by the defendant because none was intended nor was any provided. The examination was a “disclosure device in litigation” and that the benefit was not for the plaintiff but in fact for the defendant in the underlying personal injury action. They added that the conduct of the defendant “during his examination … is not amenable to [a] description of medical malpractice within the meaning of CPLR §214-a.” Unfortunately, Judge Lipman forgets that "benefit for the defendant" ended up seriously inuring the claimant.

At the end of the day, what does this decision portend for the future of IME's in workers' comp and disability claims? First, their typical boilerplate statement at the end of their reports saying that the exam was performed, but their was no doctor /patient relationship, is now worthless. Second, far fewer IME's will lay a hand on injured workers during an IME absent a full indemnification agreement  from the insurance carrier. Many others will quit the IME business in NY all together. Third, there is no reason this decision should not apply also to physical therapists who routinely do the more intrusive (and often unsafe) Functional Capacity Examinations (FCE) in long term disability claims  (our law firm does not allow our clients to attend FCE exams). Finally, IME and PT medical malpractice rates will likely rise in New York given this new extension of liability.  

Given the scandalous expose on workers' compensation IME fraud in the NY Times recently, this decision will hopefully curb some IME abuse.  Hit  the hacks where it hurts! 

Adding to an increasingly positive legacy, outgoing NY Workers' Comp Board Chairman Zachary S. Weiss has left injured workers a major tool to combat insurance company IME (independent medical exam) fraud in NY.  As I explained in a WorkersComp Central article discussing the new IME rule, IME "brokers" will no longer be able to have "secret" conversations with IME doctors regarding the results of their reports.

In New York State, many IME brokers actually write the report for the examining doctor and simply send the doctor the finished product for signature.  Some IME brokers (entities) have been caught red handed changing the findings and degree of disability of their own examining physicians.  I know - I've seen the changed reports! This was also proved in the scathing NY Times series earlier this year exposing IME Dr. Hershel Samuels.  As Dr. Samuels nonchalantly stated on video:

 "If you did a truly pure report....you'd be out on your ears and the insurers wouldn't pay for it.  You have to give them what they want, or your in Florida. That's the game, baby." (How's that for honesty!)

Now comes WCB Subject Matter Release No. 046-324 regarding broker oral communications with IME's which states: "[E]mployees of all registered IME entities are prohibited from verbally discussing, instructing, or directing an IME provider as to his or her opinions or findings in the IME report. This means the IME report must always be submitted "as is"." All requests for "clarification must be submitted in writing on written notice to all parties of interest. Written "addendums" must be served on all parties require the signature of the IME. Even NY claimant's workers compensation lawyers can ask for clarification, as long as it is in writing.  Why wait for a deposition if you can ask your question now?

The poorly paid clerks employed by IME brokers should read this carefully so that they know the potential extent of their liability if they do not follow this rule. They can be criminally prosecuted under WCL Sec. 114 for failure to abide by this rule.  They can no longer write reports, format reports, type reports from dictation for the doctor's signature or put words in the IME's mouth.  The report must come in complete, prepared by the IME himself, and with the proper signature prior to the IME broker seeing the contents of the report. It must be sacrosanct and stand "as is" when delivered to all parties of interest. 

Now this is real workers' compensation reform! 

I should have picked up the clues!  A few weeks ago I was speaking at the New York Social Security Disability Bar Association Annual Dinner in Manhattan.  This is always a great night for the Bench and the Bar break bread and have a few laughs.  I was there to speak about one of my favorite Social Security Judges, Andrew Weiss of the Long Island Office of Disability Adjudication and Review, who was receiving the prestigious Hon. Lester Rosen Award.  I have known Andy since his early days as a Workers Compensation Law Judge in Hempstead and he has a singularly unique blend of compassion and humor. 

Much to my surprise, in attendance was the current Chairman of the New York Workers' Compensation Board, Zachary S. Weiss (no relation).  Having attended these dinners for at least the last 15 years, I had never seen the Chair of the Workers' Comp Board enter the somewhat more calm sanctum of the Social Security Bar.  The Chair and I had a pleasant conversation over cocktails and it was my honor to introduce him later from the podium.  Other than that, I thought nothing more about the Chair's presence.

It all clicked  last Friday when the New York Times reported that Chairman Weiss was resigning from the Workers' Compensation Board to accept a position as a federal Administrative Law Judge (ALJ) for the Social Security Administration in the Jericho office.  My friends who are ALJ's had told me that offers went out to the new class of judges right about the same time as the Social Security Bar Dinner.  It was not a coincidence that Chairman Weiss was at the dinner - he was simply getting to know his future colleagues and the attorneys who might be appearing before him in the future!  Smart man!

As I said in an article published in WorkersComp Central regarding Chairman Weiss' resignation, he is quite simply a brilliant man.  I have spoken to him on many occasions. Although we have disagreed in the past on the substance of a few workers' compensation system issues, there is no question that his formidable intellect combined with compassion will directly benefit the individuals appearing before him in the future claiming Social Security Disability benefits.  Out of the often times murky waters of the NY workers' compensation system (click here for an interesting post from the Workers Comp Insider Blog), Zachary S. Weiss has emerged untarnished and renewed as a federal judge.  I wish him success and happiness in his new position adjudicating Social Security disability claims. 

Last week the New York Daily News had an excellent story by Heidi Evans detailing the battle 9/11 responder Daniel Arrigo has gone through to obtain his workers' compensation benefits.  Here we are - nearly 8 years since the World Trade Center tragedy - and insurance companies are now  to fighting 9/11 workers comp claims harder than ever as the spotlight has shifted from terrorism to the economy.  Give the New York Daily News credit for keeping the spotlight shining bright on the health of  WTC first responders and volunteers.

In a follow-up to the Daily News article, I was interviewed by the leading trade publication on workers' compensation issues, Workcompcentral, on Mr. Arrigo's case.  In the article, I stated that Mr. Arrigo's plight is "sadly familiar" to those of us attorneys who handle 9/11 Ground Zero claims on a regular basis.  Sadly, there are many more "Daniel Arrigos" out there in need of  experienced Ground Zero workers' compensation lawyers because insurance companies fight legitimate claims with one hand, while asking for taxpayer bailouts with the other.  Disgusting! 

Yada Yada Yada! The final installment of the NY Times series on the New York Workers' Compensation system is much like the first installment - a regurgitation of anecdotal pablum with quotes from disgruntled  workers and employers.  Again - a major disappointment after an 18 month investigation of the entire state-wide system. 

Where are the stories about the overwhelming majority of injured workers who sail through the system with few problems receiving all the benefits they deserve?  I guess such facts don't sell papers!

It seems that the reporters who wrote this series never truly understood the full extent of the mission of the New York State Workers' Compensation Board as an administrative agency processing hundreds of thousands of individual cases at any one time.  They never truly understood that the Workers' Compensation system was not created in a vacuum - and that, believe it or not - society actually benefits by having a little less safety in the workplace.

Professor Robert Smith, the distinguished labor economist at Cornell University's School of Industrial and Labor Relations, once taught me that employers are competitively better off paying workers' compensation premiums rather than trying to make their workplaces as safe as possible.  The cost of assuring 100% safety in the workplace would be astronomical and almost certainly impossible.  The cost of assuring 90% safety in the workplace would be prohibitive. 

Before employers ever went down that Utopian road, they would make a fast dash to China.  Therefore, a sometimes imperfect, but  far more often successful workers' compensation system in New York is not only necessary - but desired.

How many of the grumbling employers quoted in the final installment employ "safety managers" in their plants? It seems that the "Safety Bucks" games that some employers use are a way of giving lip service to true worker safety.  Unfortunately, the New York Times has  given similar lip service to an important topic while venturing into the New York Post realm of reporting with silly tag-lines like "Meatball Justice". 

Today's New York Times article on the NY Workers' Compensation system is a major disappointment  given that the paper spent 18 months preparing what is essentially an extended "human interest" story.  The article is filled with anecdotal reports of claimant suffering and unsubstantiated editorials masquerading as fact.  However, it is woefully short on actual statistics regarding the actual efficiency of the system, and gives only cursory reporting on the systemic ongoing reform efforts that will eventually correct some of the perceived inefficiencies.

Reading the article, one would incorrectly assume that all 140,000 workers injured statewide every year must navigate the  "subbasement of the legal world", as the authors unfortunately characterize the New York Workers' Compensation Board.  Nothing could be further from the truth!  The vast majority of injured workers receive both appropriate medical care and any lost wage replacement before ever having to step foot into a hearing office. 

Hearing offices today are left to resolve only the thorniest cases involving legal disputes over proper wage loss payments and medical care.  Had the authors cared to check, they would have discovered that actual hearings statewide have decreased dramatically in the past few years. A comparison of the number of workers compensation claims processed through the Queens District office in 2008 to the number of these same claimants who had hearings in the Queens hearing office would have been instructive.  However, this information is nowhere found in this article which places a priority on "sensationalism" rather than concrete facts.

One of my colleagues from the insurance defense side states in the article: "Comparing Supreme Court, say, to this is like comparing a hospital to a MASH unit".   He is absolutely correct!   MASH (Mobile Army Surgical Hospitals) units  have been a great success throughout  history and statistics show that over 97% of injured service men  and women who made it to MASH facilities survived their injuries.  And yes, doctors like "Hawkeye Pierce" cracked a few "bawdy" jokes while saving thousands of lives.  I'll take Hawkeye Pierce and a MASH unit (the New York Workers' Compensation Board ) any day over  a faceless hospital ( the Supreme Court) where your "cure "can kill you as you wait five years to get in front of a jury to address your injuries.  By comparison, the NY Workers' Compensation Board is enormously efficient compared to New York State Supreme Court.

The Workers' Compensation Board is much like an Emergency Room where "triage" is used to treat the sickest patients first.  You can improve waiting times in emergency rooms by adding more doctors.  You can improve waiting times at Workers' Compensation Board hearing points by adding more judges. 

Certainly, as in any large bureaucracy, there is always room for improvement.  However, even in the current imperfect system,  there are injured workers whose medical and economic lives are saved each and every day in that "subbasement" known as the New York Workers' Compensation Board.  Nowhere in the Times article is there a quote from an injured worker who was "grateful" or "pleased"  because she could now pay the mortgage as a result a positive hearing experience.  Attorneys for both claimants and insurance companies see such positive experiences every day.  As a regular reader of the NY Times, I have come to expect more analysis and less sensationalism from an 18 month investigation.   

I'll be giving my annual New York Workers' Compensation Law lecture to the St. John's Law School Labor Relations and Employment Law Society this Wednesday, April 1, 2009 at 6:30 PM.  My friend David L. Gregory, the Dorothy Day Professor of Law, has asked me to speak on "real world" workers' comp issues to his students for over ten years now.  Just a few weeks ago,  NY AFL-CIO President Denis Hughes spoke to the same students on the "Future of Labor".  I am in good company.

Given the ongoing implementation of the 2007 New York Workers' Compensation Reform laws, which included an increase in benefits for injured workers, we will have a lot to discuss.  The program is open to the entire community but seating is limited. Hope to see you there!

I am humbled to have been selected a 2009 recipient of the Clara Lemlich Public Service Award from the Triangle Shirtwaist Factory Fire Memorial Foundation for my work as Co-Chairman of the New York State Workers' Compensation Alliance.  My fellow recipients include  Secretary of State Hillary Rodham Clinton, American Federation of Teachers President Randi Weingarten, Injured Workers' Bar Association President Barbara Levine and the Hon. Edward I.Pitts, Co-Author of the New York Workers' Compensation Handbook published by LexisNexis. 

We will all be honored at a gala dinner on March 25, 2009, the 98th Anniversary of the Triangle Shirtwaist Factory Fire in which 146 workers lost their lives.  The dinner will be held at the New York City Fire Museum in lower Manhattan.  The Triangle Shirtwaist Factory Fire Memorial, with the extraordinary volunteer efforts of it's President James McCarthy, raises money to fund college scholarships for the children of permanently disabled workers. In the seven year history of the foundation, the Triangle Memorial has awarded over $180,000 in college scholarships. Click here for more information on attending the Triangle Fire Memorial Dinner and taking out a journal ad to help fund the scholarship program.  As a practicing New York workers' compensation and disability attorney, I can think of no higher honor than receiving the Clara Lemlich Public Service Award.

The Lexis Nexis Workers’ Compensation Law Center Powered by Larson’s recently announced the 2008 honorees for the LexisNexis Top 25 Blogs for Workers’ Compensation.

The New York Disability Law Blog, published by Turley, Redmond & Rosasco, LLP, was selected as a 2008 honoree. The New York Workers' Compensation Alliance Blog, with which we are affiliated, was also honored in the Top 25.

“These blogsites contain some of the best writing out there on workers’ compensation and workplace issues in general,” says the LexisNexis Workers’ Compensation Law Center. “They contain a wealth of information for the workers’ compensation community with timely news items, practical information, expert analysis, tips, frequent postings, and helpful links to other sites. These blogsites also show us how workplace issues interact with politics and culture. Moreover, they demonstrate how bloggers can impact the world of workers’ compensation and workplace issues.”

We are deeply honored by the recognition of LexisNexis, the pre-eminent legal publisher in the United States.  When we started the then named Disabled Worker Law Blog in March 2005 as a helpful information portal for those with workers' compensation and long term disability claims, we never could have imagined the positive impact it would have on the lives of those fighting either insurance companies or the government for the benefits they deserve.  Due to the enormous amount of time blogging requires from already over-worked lawyers, many legal blogs die an unnoticed death a few months after launching.  Thanks to all our loyal readers and subscibers for making all our hard work worthwhile.

Much thanks goes to Kevin O'Keefe of Lexblog, who not only set up this blog, but was always there for encouragement and technical expertise.  We recently lectured together at the Association of the Bar of the City of New York about "Blogging for Lawyers".  Kevin and his Real Lawyers Have Blogs site was recently honored by American Bar Association as one of the Top 100 Legal Blogs in the country for 2008.  Although the ABA labled him a blog "evangelist", I prefer to call him a good freind.  Thanks Kev. 

See you all in the blogosphere next year.  Happy New Year to all!

-Troy

At this festive time of year, when so many of us are struggling in economic despair, let us not forget all that we still have.  In the spirit of the Christmas season, let us try to put aside our worries, if only for one day, and rejoice for the things that matter most - the happiness and health of our families.

For the those among us who are not working due to accidents or disease, may 2009 bring you a return to work and good health.  The attorneys at Turley, Redmond & Rosasco have dedicated our professional lives to representing injured and disabled claimants with ERISA and private long term disability claims, Social Security disability claims and workers' compensation claims.  May 2009 bring happier, healthier and more prosperous days to the clients we serve.  Merry Christmas and Happy Holidays!

Nassau County District Attorney Kathleen Rice must have been reading the New York Disability Law Blog recently when we were the first to call for a criminal probe of Walmart's role in causing the death of it's employee, Jdimytai Damour.  As reported in Newsday, this aggressive prosecutor is willing to use the power of her office to place a bright light on worker safety AND employer responsibility.  She deserves the thanks of all working men and women in the New York area.  It's not every day that a public official is willing to stand up to Wal-mart.

Rather than see the fact's of the Damour case get buried by time and paper in a New York Workers' Compensation claim, DA Rice's investigation will hopefully make Walmart, and similar reckless retail employers, think twice before sponsoring "door-buster" "blitz" sales on the now appropriately named Black Friday.  Also credit the RWDSU and it's President, Stuart Appelbaum, for standing up to Wal-mart and placing the blame where it should be - Aisle #3!

It has now been one week since the sad death of Walmart worker Jdimytai Damour, and of course, this being New York,  the lawsuits are already flying.  One attorney has filed a lawsuit for the family against Walmart in the Bronx (where else!) claiming Walmart was "careless, reckless and negligent".  In my opinion, the direct lawsuit against Walmart for negligence will be dismissed promptly. 

Mr. Damour's family cannot sue Walmart directly due to the "exclusive remedy" provisions of the Workers' Compensation Law.  Filing a negligence lawsuit directly against Walmart probably had more to do with the attorney getting his name in the news than actually holding Walmart responsible.  And some question why lawyers have a bad image?

Based upon the reported facts,  Mr. Damour worked for a temporary staffing firm called Labor Ready.  Walmart contracted with Labor Ready for temporary workers to fill holiday staffing needs. In this case, the legal concept of a "General/Special" employer-employee relationship would come into play.  If Walmart exerted "direction and control" over Mr. Damour (ie, "go unlock the doors and let the lions in"), then Walmart is considered a "Special Employer" even if Mr. Damour got his paycheck from Labor Ready. 

Once Walmart is deemed a "Special Employer", it is protected from any direct lawsuit for negligence by the exclusive remedy provisions of the NY Workers' Compensation Law.  Without any fanfare, Walmart will quickly move to dismiss the lawsuit based upon the defense that workers' comp is the exclusive remedy.  As I said in a prior post, the Damour family will get a measly one time $50,000 payment to his estate (plus a $6,000 expense) for the life of their loved one under the workers' compensation law, and they probably don't need an attorney.  

Workers' Comp Central has been quoting me in their articles this week regarding the tragedy.  Here are a few excerpts from those articles for those of you without a subscription:

A top officer of the New York Workers' Compensation Alliance is calling for a criminal investigation by state Attorney General Andrew Cuomo into the death of a temporary worker trampled in the rush for bargains at a Long Island Walmart Store before sunrise last Friday.
Troy Rosasco, co-chairman of the workers' advocates group, said Monday the world's largest retailer is shielded from a lawsuit in the death of 34-year-old Jdimytai Damour because of New York state's exclusive remedy law.

"He had never worked for Wal-Mart before. This was like sending a guy into the (Roman) Coliseum and telling him to unchain the door and let the lions in," Rosasco said. "What happened was foreseeable. They created a danger when they called it a blitz sale. A blitz is defined by Merriam Webster as a sudden attack."

Walmart may be sued by the mall or security company for contribution, but it cannot be sued by the Damour family itself.  They only have a workers' compensation death benefits claim against Walmart. This is another reason NY Attorney General Andrew Cuomo should investigate this terrible tragedy brought on by Walmart's greed. 

Photos courtesy of Newsday

In the wake of yesterday's Black Friday Walmart tragedy,  one's first reaction might be to blame the alleged "savages" who trampled the innocent Walmart worker. However, in reality, it was Walmart's greed and disregard for it's own workers' safety that caused the preventable death of Jdimytai Damour.  New York State Attorney General Andrew Cuomo should launch an immediate criminal investigation against Walmart.  The days of government "looking the other way" while worker safety is ignored must come to an end.

Walmart had a calculated plan to create a shoppers'  "feeding frenzy" between 5 and 11 a.m. yesterday during it's "blitz", "door-buster" sale.  When it offered incredible deals on "hot toys" such as plasma TV's to hungry shoppers, it was really doing nothing more than throwing "blood into shark infested waters".  

Just look at the the language Walmart used to create the climate necessary for this horrific event.   For the non-football fans out there, both common usage and the Miriam Webster dictionary define the word "blitz" as a  "sudden attack", which can easily describe the rush of shoppers Walmart anticipated and invited yesterday.  The fact that such sales are known as "door-buster" sales clearly puts Walmart on notice of the imminent danger they were creating, not just for its own employees, but for shoppers alike.  It was only divine intervention that stopped a shopper 8 months pregnant from losing her baby in the same stampede.

Walmart is a smart, highly successful consumer retailer - with a horrible record of mistreatment of employees.  They fully understand the concept of "mob psychology" that caused this preventable death, but willfully chose to ignore the threat to fill it's own cash registers.  In my opinion, the police do not need to check the store "video-tape" to find the party responsible for this homicide.  Just check the sign outside.

This is no different than when Ford willfully decided not to recall the defective Ford Pinto gas tank  in favor of profits over safety.  Despite Walmart employee requests to close the store after the tragedy, Walmart allowed all important "shopping" to continue. Shame on Walmart for being so callous. The profits from a single store on a single day would not even register on the Walmart (or Wall Street) radar screen.    

Of course, Walmart is protected from a direct lawsuit in this case by the New York State Workers' Compensation Law. Mr. Damour's family will receive a measly $6,000 burial allowance under the law.  You can be sure that Walmart's public relations agency has been working overtime the past 24 hours to minimize any negative publicity due to the death. After all, this is Christmas season - a time of charity and goodwill!

New York  Attorney General Andrew Cuomo should launch an immediate investigation into whether Walmart's actions ( or failures to act) leading to the death of it's own worker are criminal.  There is ample legal precedent for such prosecutions. Certainly, even if not criminal,  they further highlight Walmart's corporate irresponsibility toward the safety of both workers and consumers. The costs associated with a small workers' compensation claim of a dead worker will be fully absorbed in no more than 1 minute of Walmart shopping at the Valley Stream store.  What say you, Mr. Cuomo?  What say you, Mr. Public?! 

I had a great time at the NOSSCR Social Security Disability  law conference in Los Angeles last week.  I actually had a chance to chat with Social Security Commissioner Michael Astrue down at the pool.  This is a very bright guy, and in my opinion he is moving the agency in the right direction.  His Deputy Commissioner Linda deSoto and Chief Administrative Law Judge Frank Cristaudo were also quite impressive.  It was also great to break bread at an old Italian restaurant named Matteos with my good friend Larry Wittenburg, probably the best Social Security attorney in North Carolina.

As a Member of the NOSSCR Board of Directors and Second Circuit representative, I hosted our Second Circuit Round-table discussions on Wednesday night which are always interesting.  The rest of the seminars dealt with how to win Social Security disability claims involving many types of disabilities, including heart disease, cancer, diabetes, HIV/AIDS, depression, MS (multiple sclerosis), lupus, fibromyalgia, herniated disks, bipolar disorder, arthritis, seizure disorders, lung disease, RSD (reflex sympathetic dystrophy),  COPD,  CRPS (Chronic regional pain syndrome), anxiety and PTSD (post-traumatic stress disorder). 

Our office sees these and other unique diseases every week.  We probably have a higher incidence of PTSD here in New York due to the ongoing trauma of 9/11 workers' compensation claims.  The next national Social Security disability lawyer conference will be next Spring in Washington, DC, where we plan to lobby Congress to improve the Social Security Disability system for disabled clients. 

According to an article in Newsday today regarding the LIRR disability retirement scandal, Attorney General Andrew Cuomo has now issued subpoenas to four long term disability insurance companies and five Long Island doctors who predominately examined LIRR workers.  This is in the wake of recent reports indicating that a whopping 98% of Long Island Railroad workers retire with disability pensions.  The fact that white collar LIRR employees were getting occupational disability pensions tells you how broken this system really is.

The long term disability insurance companies have been identified by the New York Times in their ongoing railroad disability scandal series as First Unum Life Insurance Company, AFLAC, Transamerica Financial Life Insurance Company and CUNA Mutual.  It is possible that these disability insurance companies may have been victims of the broken Railroad Retirement Board disability decisions if they were required to pay out on policies if the LIRR employee was granted a disability retirement pension.  It is not often on this blog that you will see me refer to long term disability insurers as potential victims, but it seems they might have been in this case.

As a disability lawyer for almost 20 years on Long Island, I am proud to say that I have never represented any LIRR employee in a Railroad Retirement Board disability claim.  It appears they didn't need me -  all they had to do to get disability benefits was to raise their hand!  Unfortunately, abuses like this tarnish those LIRR employees with legitimate disability claims, of which I am sure there are many.  

I predict this story is only going to get  bigger, and will eventually lead to major reform of the Long Island Rail Road workers disability system.  One simple solution would be to simply abolish the Railroad Retirement Board, and to include LIRR employees in the Social Security Disability system, which generally requires the claimant to be "disabled from all work", not just their "regular occupation".   This would also help LIRR workers since Social Security disability taxes withheld from their paycheck are far less than the railroad system taxes they now pay.  Perhaps Senators Schumer and Clinton can propose this easy fix.   However this broken system is reformed, the days of automatic disability pensions for LIRR workers are over.  Now they will have to be truly disabled.

As the New York Disability Law Blog has done since its inception, today we pay respects, on the seventh anniversary of 9/11, to the families of all those killed or injured in this devastating terrorist  attack.  I truly hope one of our presidential candidates finally chases Osama  Bin Laden to "the gates of hell".  He has gone unpunished for far too long.

That being said, sadly, workers compensation lawyers and disability lawyers like myself are still litigating claims arising from 9/11.  Shockingly, and with far too little publicity, insurance companies are still fighting these claims, causing further anguish and grief to the victims and their families. 

Our firm recently successfully concluded two contested 9/11 claims under the new 9/11 First Responder law, passed in October 2007, which uniquely provided for 75%  of a claimant's lost wages for life.  Our clients were EMT's for voluntary hospitals in New York City suffering from 9/11 induced post-traumatic stress disorder (PTSD).  Although the insurance companies fought these claims tooth and nail due to the high financial exposure,  we prevailed for these long overdue victims. 

The New York State Insurance Fund (NYSIF), the semi-public insurance company, recently fought a claim by a 9/11 victim by advancing the novel theory that his injuries were related to his service in Vietnam - despite the claimant working successfully full-time for over 30 years prior to 9/11.  After we obtained the client's VA medical records, we easily refuted the NYSIF's silly argument. The workers compensation law judge ruled in our client's favor earlier this week and he will receive workers' compensation case and medical benefits for life.  The New York Workers' Compensation Board continues to do an admirable job protecting the rights of 9/11 claimants. In addition, the New York City Department of Health runs an excellent website on 9/11 related health problems.

Long Island's own Congressman Tim Bishop recently urged additional federal funding for 9/11 victims at Stony Brook University's World Trade Center Monitoring and Treatment Program.  This excellent program is headed by Dr. Benjamin Luft and has been of great help to many of our clients. The program also operates in offices in Islandia and Nassau University Medical Center, with a new Hicksville office coming soon.  The New York Disability Blog strongly urges Congress to fully fund this much needed program for 9/11 victims in Nassau and Suffolk.

It is clear that we will all be living with the painful legacy of 9/11 for at least another generation.  Many more workers compensation, Social Security disability and long term disability claims are yet to be filed.  May we all join together with compassion, empathy and financial support  for every 9/11 victim.

ABC News published an important article today highlighting the sharp rise in immigrant worker deaths on construction sites in the New York City area.  This problem, which I addressed in a prior post recently, is reaching epidemic proportions. 

As detailed in the article, just the other day a Ukrainian immigrant was decapitated after plunging 42 stories while working on a construction site on a Donald Trump Hotel in lower Manhattan.  Under the current New York Workers' Compensation law, the most his widow and children can collect for his death is $500 per week, plus payment of only $6000 toward his funeral bill. 

I told the reporter the story of one of my clients (an undocumented worker) who was severely injured last November when a brick wall fell on him while working on a construction site in Queens.  Despite multiple surgeries and being an inpatient at Jamaica Hospital for over a week, he still has not received his first workers' compensation check.  This is not unusual in cases where unscrupulous employers are paying immigrant workers "off-the-books" and not reporting their wages to the workers' compensation insurance company to save on premiums.  Workers' compensation lawyers like myself see sad cases like these every day.

Thanks to Susan Donaldson James  and ABC News for reporting on this growing tragedy.  Unfortunately, in the current political climate, it is questionable whether the federal government has any desire to address the safety of undocumented workers on construction sites??? 

Happy New Year to all the readers of the New York Disability Law Blog!  Over the course of 2007, we are pleased to report that our firm has once again helped thousands of injured and disabled claimants successfully win the benefits they deserve.

Our blog has  tried to provide timely and helpful information to all those struggling with a variety of disability claims, including long term disability insurance claims, Social Security disability claims,  workers' compensation claims and VA disability claims.  Since its inception in March 2005, our blog's readership has steadily grown and we have become a frequent resource to reporters and other media professionals on disability claim matters. 

We look forward to another year of fighting the good fight for our clients and friends. We wish you and your families a healthy and happy 2008!

"This boy is Ignorance. This girl is Want. Beware them both, and all of their degree, but most of all beware this boy..."  - Charles Dickens, A Christmas Carol (1843).

At this festive time of year, when so many of us have more worldly goods than we truly need, let us not forget those among us who are not working due to accidents or disease.  The attorneys at Turley, Redmond & Rosasco have dedicated our professional lives to to lifting up and providing for injured and disabled claimants with ERISA and private long term disability claims, Social Security disability claims and workers' compensation claims.  May the year 2008 bring happier and healthier days to the clients we serve.  Merry Christmas!

As detailed in Newsday today, Mitchell Breit of the national class action law firm of Whatley, Drake & Kallas and the disability law firm of Turley, Redmond & Rosasco have filed a "medical monitoring" class action lawsuit  against Verizon in New York Supreme Court, County of Brooklyn, for workers who previously worked at the former Sylvania nuclear fuel rod plant in Hicksville, Long Island.  Verizon previously settled a lawsuit by surrounding residents for a reported 11 million dollars due to an increased rate of cancer in the area.  

The lawsuit follows a recent decision by the New York State Workers' Compensation Board which found that a worker on the site, Gerard DePascale, developed a rare and deadly cancer (extra-skeletal myxiod chondrosarcoma) as a result of exposure to toxins on the site.  In addition, a recently released Army Corp of Engineers report found danger to the public by this still contaminated site.  Despite special federal funding won by Senator Chuck Schumer for a complete clean-up of the site, legal wrangling between Verizon, the Army Corp and the New York State Department of Environmental Protection have put a stop to the clean-up.  How many more people have to come down with cancer before Verizon does the right thing?

The lawsuit seeks to force Verizon to set up a "medical monitoring" fund so that the thousands of workers who were unknowingly exposed to the toxins  on the site can benefit from early diagnosis and treatment of any potential medical problems.  As detailed in the Newsday story today, workers like Robert Matteo are mad that they were never told of the dangers on their work site.

Unfortunately, Gerard DePascale, whose cancer has now spread to his lungs, is still waiting a final ruling from the New York State Workers Compensation Board.  Despite winning his case in front of trial judge Abigail Chanis in March 2007, his employer appealed the judge's decision.  He has now been out of work with no workers' compensation benefits since January 2006!  The abnormally long delay in deciding this appeal is causing the DePascale family severe financial hardship.  Thankfully, with new leadership at the Workers' Compensation Board, a decision in Mr. DePascale's case hopefully will be expedited.   

Turley, Redmond & Rosasco founding partner William "Bill" Turley was endorsed today by Newsday as Smithtown's next representative in the Suffolk County Legislature.  Bill, who has been practicing workers' compensation and disability claim law on Long Island for over 20 years, impressed the Newsday staff with his innovative ideas on clean energy and immigration. 

• 13TH DISTRICT
  
  North Smithtown, part of Huntington
  
  Republican Lynn Nowick, 60, of St. James, is running for a fourth term. Her assiduous constituent services assure her popularity. But she has few constructive new ideas, especially regarding the 800-pound gorilla in her district: the fate of the former Kings Park Psychiatric Center.
  
  On this vexing issue, her Democratic opponent, William Turley, 49, of Fort Salonga, agrees that the legislature has little influence beyond rhetorical support of a better proposal for the complex's use. But Turley, an attorney specializing in workers' compensation, brings a refreshing and progressive perspective that differs sharply with Nowick's in every other respect. He favors hiring halls for migrant workers, wants stricter penalties for sex offenders but is concerned about the constitutionality of residential restrictions, and would push for alternative energy policies in the county to offset dependence on foreign oil. We endorse Turley.
  

For many disabled clients on Long Island and New York City, Bill has been a steady hand guiding them through the disability claim maze.  Good luck Bill on November 6th!

Being a construction worker in New York City is becoming more deadly, according to new reports from the Federal Bureau of Labor Statistics.  Amid a building boom in New York, construction worker accident related deaths are up 87% since 2005. 

As the NY Times reported earlier this year on construction deaths, Mayor Michael Bloomberg has already taken some positive health and safety inspection measures to stem work related scaffold and ladder accidents in New York City.  However, it appears that part of the problem involves the intractable immigration crisis. 

Many shady construction general contractors and sub-contractors are hiring non-union undocumented workers who are not given adequate safety training or equipment.  As can be expected, the death toll is falling disproportionately on Latino construction workers.  This is because the percentage of Latin and Mexican construction workers are growing by leaps and bounds.  In addition, immigrants from India, Poland and other Eastern European countries are increasing on non-union (i.e., less safe) work sites. 

The workers' compensation lawyers at Turley, Redmond & Rosasco have unfortunately witnessed the impact of construction accident deaths on families first hand.  Hopefully, the issue of immigrant construction worker safety in NYC will be studied by the newly confirmed Chair of the NY Workers' Compensation Board, Zachary S Weiss.  As Governor Spitzer so correctly notes, we cannot stick our heads in the sand and pretend these immigrant workers do not exist.  These are real human beings who are dying almost every day, sometimes due to employer greed trying to avoid paying union wages.  Let us not build our gleaming New York City skyline on a foundation of blood.

A Newsday article today details yet another lawsuit against Verizon for cancers and other life threatening diseases caused by Verizon's contaminated nuclear waste property in Hicksville, New York.  It was just a few years ago that Verizon paid out a multi-million dollar settlement to residents in the surrounding area over their increased rates of cancer.  Incredibly, despite their previous settlement with surrounding residents, they state in today's article that the property is not a health hazard!!!  They must be kidding!!!  Thankfully, at least the newest lawsuit is in front of federal District Court Judge Leonard Wexler, a no nonsense jurist who presided over the previous settlement.  Judge Wexler knows where the skeletons were buried by Verizon.

Perhaps Verizon should review the most recent United States Army Corp of Engineers report  before issuing such silly press releases.  Perhaps they should tell this to Senator Chuck Schumer and Congressman Pete King who both have pledged recently to aid in the cleanup. Perhaps they should tell this to the New York Workers' Compensation Board which has already ruled favorably for two workers on the Verizon site.  By denying the obvious, Verizon is besmirching its once good name and entering the "ENRON" class of corporate responsibility.

Does Verizon have no shame? What about Verizon CEO Ivan Seidenberg? How many more victims have to contract cancer due to Verizon's contaminated nuclear property before they accept responsibility for the nuclear and other toxins on the Hicksville site?  Perhaps they have made a cold calculated business decision that its cheaper to pay off a few hundred cancer victims than it is to clean up there own property.   Anyone ever heard of the Ford Pinto cases?  Whatever Verizon's motivations, you can be sure they have more to do with shareholder returns than the health of Long Islanders.

However, assuming Verizon is first and foremost profit motivated, wouldn't it make good financial sense to be a good neighbor as they roll out their FIOS service across Long Island? After all, who would want to buy anything from a known corporate polluter?  Step up and do the right thing - perhaps you will be embraced by residents of Nassau and Suffolk counties looking for an alternative to Cablevision.  Fight to the death (literally) like Magazine Distributors, and I can't think of one New York resident who would want to sign up for FIOS service  (check out how healthy the workers in the FIOS video look...) if they knew their monthly bills went to fight cancer victims.  

Much like Ground Zero workers, the men and women who worked directly on top of this acknowledged nuclear waste site will be getting sick for years to come.  The time has come for Verizon and Ivan Seidenberg to "do the right thing".  Don't count your chickens just yet.  Verizon even fights its own workers' 9/11 related cancer claims!  Anyone have Michael Moore's phone number? Those are my thoughts - what do you think?

As we approach the sixth anniversary of the 9/11 tragedy, legal and health issues arising out of Ground Zero continue to top the headlines.  First, NYCOSH has announced a press conference for next Tuesday, 9/4/07,  at 11:00 am at the South entrance to PATH trains at the former World Trade Center site on Church Street.  The press conference, which will include New York State Labor Commissioner M. Patricia Smith, Art Wilcox of the AFL-CIO and representatives of Senate Majority leader Joe Bruno,  will announce a new subway poster campaign encouraging 9/11 Rescue, Recovery and Cleanup Workers and Volunteers to register for benefits with the New York Workers' Compensation Board.  We will report any additional information after the press conference.

As previously reported on the New York Workers' Compensation Alliance website, the deadline to register for these benefits has been extended until August 14, 2008.  You  can download a World Trade Center Registration Form here. In addition, this week saw an important Newsday article reporting about a new New York City Department of Health study showing that Ground Zero rescue and recovery workers have a 12 times higher incidence of asthma.  This bolsters the anecdotal evidence and filing of claims by our workers' compensation attorneys for WTC workers over the past few years.  

Our workers' compensation lawyers continue to work daily with Ground Zero rescue, recovery and cleanup workers and volunteers to protect their rights to future medical attention.  The new poster campaign will help those who have not yet registered.   Remember- you should register now even if you are still healthy to protect your rights later.  If you have any questions, call toll free 1-877-NY-DBLAW to speak to one of our attorneys for a free consultation.

Does or job affect your sleep patterns?  Can you collect New York Workers' Compensation benefits if it does? That's the question Daisy Harrington asked me in her Career Corner column in AM New York published today. 

There is growing evidence that workers may suffer adverse health effects, especially  work related heart attacks, due to long or unusual working hours,.  Workers who are "on call" constantly might have similar problems.  However, to date making such claims at the New York Workers' Compensation Board  has not been particularly fruitful in our experience.   As in every workers' comp claim, you must have a medical doctor support you claim in writing.  This is often easier said than done. 

Despite the potential hurdles, every case has different facts and you would be well advised to consult an experienced Workman's compensation attorney if you believe your job has impacted your sleep and harmed yor health.

Welcome to the newly designed New York Disability Law Blog!  As you will notice, I changed the official title of the blog from "The Disabled Worker Law Blog" to the  more informational "New York Disability Law Blog".  This is in keeping with the blog's purpose of providing useful information and insight regarding disability claims to fellow attorneys and the general public. 

To this end, I am excited to announce the creation of the blog's "Disability Law Library" which will be continually added to and updated.  I hope that this will eventually become the first place attorneys and claimant's turn to when researching disability claims and legal issues.  Still in it's formative stages, the library will have sections on long term disability and ERISA claims, Social Security  disability, New York workers' compensation, civil service disability pensions, scaffold /ladder /construction site lawsuits and a new section on the unfortunate expanding area of veterans' disability claims.

In addition, in 2007 we hope to do a better job collaborating with fellow bloggers such as Jonathan Ginsberg and his excellent Social Security Disability Radio Blog.  Please feel free to comment about the new design and let me know how the New York Disability Law Blog can better serve your needs.  Talk to you soon.

Workers Compensation is insurance paid for by your employer that provides cash benefits and/or medical care for workers who are injured or become ill as a result of their job. Many times workers do not have to lose any time from work in order to get a substantial cash award. You should contact us today for a FREE CONSULTATION to see if your injury qualifies for a cash award.