May 2012 Archives

May 7, 2012

The Social Security Presumption Bill

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.

May 4, 2012

Special Damages In Your Personal Injury Action

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.

May 2, 2012

Have Your Received Letters From The New York State Workers' Compensation Board?

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.

May 1, 2012

Retiring Because Of A Disability

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.