June 2011 Archives

June 13, 2011

If You Receive "Official" Paperwork From The New York State Workers' Compensation Board, Beware.

A relatively new policy enacted by the New York State Workers' Compensation Board involves reducing claimant's accessibility to a Workers' Compensation hearing. By cutting the number of hearings drastically, the Workers' Compensation Board has chosen to issue written decisions, by mail, which often have a critical impact on a claimant's legal rights and responsibilities.

These decisions are often entitled "Notice of Proposed Decision." In the past a claimant was assured that any issue important to their case would be heard by a Law Judge, at a Workers' Compensation hearing but that is no longer the case.


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June 9, 2011

Are Personal Injury Settlements In New York State Taxable?

In most instances once a case is finally settled, the question regarding whether or not those settlement proceeds are taxable arises.

The only portion of a settlement which is taxable involves remuneration for lost wages. The portion of a settlement pertaining to pain and suffering is non-taxable.

In most instances a general release does not state what amount of a settlement represents lost wages. In that circumstance, it may be possible for the IRS to make a determination as to the amount of taxed owed from the settlement.

June 7, 2011

What Is "Venue" In A Personal Injury Case?

Many people have heard the word "venue" in the context of legal matter but are not exactly sure what it means.

Venue is simply the location where a lawsuit may be brought.

In New York State the Supreme Court has a statewide presence. However, the statewide Supreme Court is divided into counties. Which county is the correct "venue" for a personal injury matter depends on the facts and circumstances surrounding the claim. Relevant factors for choice of venue include where an accident or injury occurred or where the parties to the potential lawsuit reside.