Albany Accident and Injury Lawyer Blog

For New York State Workers' Compensation claimants this piece of pending legislation would help those compensation claimants who have already been approved for Social Security Disability benefits.

The pending bill would require the Workers' Compensation Board to find that a worker who has been approved for Social Security Disability benefits is therefore totally disabled under Workers' Compensation Law.

Currently, many if not most, of the Social Security Disability recipients who also get Workers' Compensation are receiving permanent partial disability benefits but not total disability payments.

Adoption of this bill would guarantee a fair result to those compensation claimants whose injuries are severe enough to qualify them for Social Security Disability. It would also serve to drastically reduce the amount of unnecessary litigation before the Workers' Compensation Board to address issues including labor market attachment and loss of wage earning capacity.

Many people have heard the term "special damages" or "specials" as it pertains to an injury lawsuit.

Special damages are usually medical bills for treatment, lost wages, or out of pocket expenses that can be accurately calculated.

Special damages differ from general damages for that very reason; an exact number can be calculated from the proof to show what you have lost. General damages usual refer to pain and suffering which is an entirely subjective assessment.

If you have been involved with a serious personal injury accident and would like to learn more about your rights, we would be happy to discuss your claim with you.

If you have correspondence from the New York State Workers' Compensation Board regarding your case it should not be disregarded. The Workers' Compensation Board has made it a policy to handle many matters by mail, without hearings. Do not assume that it is not important because they have not asked you to go to a hearing.

One of the more common letters, which is extremely important, is entitled "Notice Regarding Possible Award For Permanent Injury." These notices often include legal information directing a party to produce evidence within a certain timeframe.

Additionally, failing to respond properly could mean that you have waived your opportunity to make certain claims. The Workers' Compensation Board has also directed the depositions transcripts be produced should cross-examination desired.

If you have received correspondence from the Workers' Compensation Board and do not know what it means to your case, feel free to contact our firm for an explanation or advice.

If you are disabled due to a New York State Workers' Compensation injury and are forced to retire you should be sure to document that reason in your retirement papers to specifically indicate that you are taking your retirement because of the work related injury.

It is even more helpful if you can secure a statement from your physician recommending that you retire because of your injury and resulting restrictions/limitations.

Taking these steps can help avoid future litigation in your claim.

If you have missed your New York State Workers' Compensation Board hearing, there is a good chance that you would be able to have it rescheduled. In most instances, the presiding Law Judge will close your file for what is known as "failure to prosecute." However, your claim can be easily re-opened if proper RFA-1 form is filed with supporting evidence or documentation.

If you have missed numerous hearings, it may be more difficult to have your claim re-opened.

If you have a Workers' Compensation hearing that has been scheduled and you are not exactly sure why, you should find out. You may be entitled to benefits that you are unaware of.

New York State Workers' Compensation hearings generally do not take a long time. Unless a hearing is scheduled for extensive testimony or complicated issues, a hearing will generally take between five and twenty minutes.

Unfortunately, hearings are rarely called at the scheduled time. It is not uncommon for claimant's to wait for over an hour and sometimes longer for their case to be called.

If you have an upcoming Workers' Compensation hearing and do not understands what is happening with your case, we would be happy to review it with you.

The list of possible legal issues that may be addressed at a New York State Workers' Compensation hearing are far too long to list here. However, your notice of hearing should provide an idea as to why the hearing has been scheduled.

In order to accurately determine what can be expected at your hearing, a case evaluation should be performed. Some hearings involve sworn testimony of the claimant, lay witnesses, or even doctors. Often times, the claimant is expected to provide evidence in support of his or her claim at the time of the hearing.

If your case has been scheduled for a hearing and you do not know what to expect or how to prepare, we may be able to help. Feel free to contact us for a free consultation.

According to the New York Workers' Compensation Alliance Law Blog, it is estimated that the implications of the Workers' Compensation Board Medical Treatment Guidelines, that have been intacked for over a year, costs employer's $60 million per year. The blog goes on to state that payment for the requested medical procedure, which are adjudicated under the Treatment Guidelines, would be cheaper than the costs of implementing the Guidelines and would result in a high percentage of denials for treatment.

From a practitioner's standpoint, the entire process is absurd. It emphasizes form over substance and is clearly designed with the main purpose being to save employers money. The end result is a wholesale denial of necessary medical care for the injured worker.

Given the current financial outlook in New York State, it's no wonder that the Legislature has chosen to side for cutting costs to employers at the expense of severely diminishing the injured workers' right to secure necessary medical treatment. Hopefully, as time goes on, the hidden agenda will be exposed and the Guidelines repealed. For the time being, injured workers can expect to continue to receive denials from the Workers' Compensation Board for medical care that their own doctors feels is necessary and appropriate.

A functional capacity evaluation is a physical assessment of one's abilities to perform certain specific tasks.

A functional capacity evaluation, also known as an FCE, is designed to give doctors, lawyers, and Judges a quantitative measurement of a person's ability to do physical activities. In turn, this information has a direct a bearing on one's ability to return to work within limitations or restrictions.

FCEs are often ordered when a doctor feels that a patient may be ready to return to some sort of employment following an injury. They are utilized in Workers' Compensation cases, personal injury lawsuits, and can also be helpful in Social Security Disability claims.

FCEs are usually completed by occupational therapists. Insurance companies or governmental agencies may be responsible for payment to secure the FCE.

After a car accident you have many things to take care of; car repairs, no-fault application, not to mention securing needed medical treatment and recovering from your injury. Are you entitled to disability benefits or even Workers' Compensation?

There comes a point in time when the seriously injured may realize that they need help with their case.

Many attorneys believe that you should call them as soon as you are involved in an accident. In some cases, this is a good idea. However, most people are not ready to speak with an attorney right away.

If you have been injured in a car accident and believe that it is time for you to learn about your rights and responsibilities, we would be happy to speak with you. You may not be ready to hire an attorney and we may not be ready to take your case, however, there is no substitute for protecting your legal rights.

Having practiced injury law for many years, I have heard numerous stories of insurance adjuster's rude and inappropriate behavior towards claimants. Usually this occurs in Workers' Compensation cases.

As an injured worker, you are entitled to be treated with some respect by the insurance adjuster. However, many adjusters stereotype all injured workers as second-class citizens looking for benefits that they are not entitled to. This couldn't be further from the truth.

Always remember that insurance adjusters are in the business of paying out as little as possible. Therefore, do not blindly accept what the insurance carrier's agent is telling you.

If you believe that you are not being treated with the respect and dignity that you deserve and wonder if you are receiving all of the benefits that you are entitled to from your Workers' Compensation's claim, contact our office for a free case evaluation.

During the course of a New York State Workers' Compensation claim, claimants are often asked to complete questionnaire forms and give sworn testimony at hearings. Answering simple questions seems harmless, but in fact, it's not.

The Workers' Compensation insurance company and Law Judge can, and have, turned a less than perfect memory into a criminal case against innocent claimants.

In my practice, a person that I consider extremely honest and forthright has lost all claims to indemnity benefits because the Law Judge ruled that her sworn testimony was inaccurate. The issue pertained to whether or not this person had a prior injury to a certain body part. The claimant did not recall having prior treatment but the insurance carrier had secured medical records indicating that there was minor treatment years ago.

Because the claimant denied prior treatment the Law Judge ruled that her statement was purposely false and ruled that she had violated the fraud portion of the New York State Workers' Compensation Law. The Judge further ruled that this disqualified my client from all future lost wage benefits. While an appeal is pending, this result is horrific.

None of us can remember each and every doctor visit we have attended. The moral of the story is to always couch your answers if you are not 100% sure, so that they cannot be used against you. If someone is not sure of an answer, he or she should respond "I can not recall or I am not sure."

Completing forms and giving testimony in a New York State Workers' Compensation case can be trickier than you think. If you have questions about your claim, please feel free to contact our office.

Few people have sufficient automobile insurance coverage but only realize this when it is too late. Following an accident involving serious personal injuries, many people are informed that the policy limits of the other driver are grossly inadequate to compensate then for their loss. How can you avoid this predicament?

First, be sure that you have sufficient liability coverage on your automobile policy. This coverage will protect you in the event that you are sued by someone else who has sustained personal injuries due to your negligence.

Next, make sure that you have sufficient underinsurance or SUM coverage. This is the type of insurance that you can purchase to protect yourself should a driver with very low insurance policy limits cause injury to you. If that were to occur, you would be allowed to file a claim against your underinsurance policy once the other drivers' policy had been paid out.

By purchasing underinsurance you are in control of the policy limit which would apply to your own injuries. We strongly recommend contacting your insurance company or agent to review your current coverage and/or to secure additional coverage that would adequately protect you in the event of a serious injury.

How much insurance coverage would you want available if you were severely injured in an accident?

Make reviewing your automobile insurance policy coverage a top priority for 2012.

If you have been injured in a motor vehicle accident, your own No-Fault insurance should pay for your medical bills up to a certain limit. Injuries arising out of motor vehicle accidents are covered under No-Fault insurance. However, in many circumstances, the No-Fault policy becomes exhausted, in which case, other insurance policies may begin to pick up additional medical costs.

Continue reading "Who Is Responsible To Pay For Medical Bills After A Car Accident?" »

For those injured in a work related car accident, the first question is usually whether or not it will be covered by Workers' Compensation or no fault.

The claims should be promptly filed with both Workers' Compensation insurance carrier and the no fault insurance company. This is because both parties can be liable in such a case.

Continue reading "Car Accident At Work? Workers' Compensation Or No Fault Benefits?" »