May 2011 Archives

May 30, 2011

What Is Protracted Healing Period Under New York State Workers' Compensation Laws?

Protracted healing period, also known as PHP, can entitle the recipient of a schedule loss of use award an additional payment. The additional payment is made because that claimant remained totally disabled for a period of time in excess of the established healing period. For instance, someone with a foot injury who has been found to be totally disabled for 40 weeks would be entitled to an 8-week PHP payment, in addition to the schedule loss of use award. The 8 weeks is arrived at by subtracting the established 32 week healing period from the 40-week period of total disability.

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May 30, 2011

Reduced Earnings in New York State Workers' Compensation Cases

A common misconception is that the New York State Workers' Compensation Law requires that benefits be suspended when someone returns to work. This is not always true.

If it can be shown that an injured worker has returned to work in a restricted capacity, as a result of his or her work injury, they may still be entitled to some type of ongoing benefit. This is called reduced earnings. The amount that an injured worker is entitled to is calculated by taking his or her average weekly earnings before the date of accident and subtracting the diminished earnings they have following their return to work. By multiplying the difference by 2/3 the proper reduced earning amount is calculated.


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May 26, 2011

It's Time To Get Legal Advice When...

If you have a pending New York State Workers' Compensation claim there are many circumstances where it is highly recommended that you consult with an attorney regarding your legal rights and responsibilities.

One such circumstance is when the insurance carrier has filed a C-7 form. This form is entitled Notice That Right To Compensation Is Controverted. Essentially this means that the insurance carrier is contesting your claim and refusing to make payment on it. Often times, filing of the C-7 by the insurance carrier represents the beginning of litigation surrounding whether or not there is any liability on the insurance carrier's part to make payment on your claim.

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May 25, 2011

Motorcycle Accidents: What Are Your Rights?

Accidents involving motorcyclists are frequently caused by the other driver, who is usually operating a car or truck. This is because inattentive drivers fail to keep a proper lookout and often times do not notice motorcycles in close proximity.

Motorcyclist and their passengers injured while operating their bikes are not covered under the No-Fault Law. This comes as a surprise to many motorcycle accident victims. If the injured motorcyclist does not have health insurance or another source to cover their medical costs, the expenses can become astronomical. For this reason, it is important to investigate and understand your legal rights to recover against a negligent party.

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May 17, 2011

It's Probably A Good Time To Contact A Lawyer When...

There are many circumstances that signal that it may be time to contact an injury lawyer to discuss your situation. If you received a telephone call from the insurance adjuster asking questions about how the accident occurred and whether or not you have been injured, it's probably time to get legal advice.

It is common knowledge that insurance companies try to settle claims as quickly as possible because they know, long term, that policy can save them a lot of money.

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May 9, 2011

What Are Punitive Damages?

In the context of a personal injury matter, punitive damages are a monetary award representing punishment. Punitive damages punish a defendant from malicious or wanton behavior. A plaintiff must demonstrate a circumstance of aggravation or outrage in order to prevail on a punitive damage. The purpose of punitive damage is not only to punish the defendant but also to prevent a similar incident from occurring in the future.

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May 3, 2011

Involved In A Car Accident: When Should You Hire An Attorney?

The answer to this question is different for everyone. Some people feel safer contacting an attorney immediately in order to get an idea as to their legal rights and responsibilities.

Other people will let their situation play out a bit before actually contacting an attorney for advice.

On certain cases where fault is clear and injuries are very minor, there may not be a need to get an attorney involved in your case. However, there are certain red flags that can signal that it is time to contact an attorney to protect your self.

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