State Workers Compensation matters, please be advised that we also
provide services for Social Security Disability,
New York State Retirement, and
Should you retain our office for legal services in
connection with your Workers Compensation claim, we will process your
case immediately. Regretfully, the New York State Workers Compensation
Board may take four to seven months to schedule a hearing on your case.
While you are awaiting for your hearing, you will
continue to be entitled to weekly compensation benefits as long as there is
uncontroverted medical evidence showing that you are disabled and out of work.
If you return to work, you will continue to remain entitled to medical
benefits. You are also entitled to be reimbursed for travel expenses (at the
rate of 50.5 cents per mile) and prescription medication. These items should be
sent to the insurance carrier directly on a periodic basis (i.e., once every
4-6 months). Retain a copy of everything you send. If you are not
reimbursed, please inform us at your compensation hearing and provide us with a
copy of all previously submitted expenses so that we may ask the Judge to award
you the money.
As long as you remain out of work it is absolutely
necessary that there be periodic reports certifying that you are still unable
to work (i.e., once every six (6) weeks). Please do not allow any long
lapse of time without medical evidence. You will also be required to
see the carriers consultant from time to time (not more than once per
month). The Compensation Law gives the insurance company an absolute right to
these examinations and therefore you should attend them. These exams are
necessary to obtain authorization for any testing or surgical procedures which
your doctor may request and for continuation of benefits.
If you return to work, New York State Law requires that
you notify the New York State Workers Compensation Board and the
insurance carrier of any change in your work status and salary. If you are not
presently working and return to work in the future, your benefit rate may
change. If you are presently working and, in the future, receive an increase in
salary or wages, your benefit rate may also change.
Please understand that the term work has
been defined to mean any service that has value in the economy whether it be
paid, unpaid, off the books or on the books. Recent legislative changes have
made it a felony to fraudulently obtain Workers Compensation benefits.
Incorrectly reporting your work status or entirely failing to report changes in
your work status may result in loss of benefits in addition to civil and
criminal investigations and penalties. Therefore, if you receive any
correspondence from your insurance carrier requesting information about your
work status, please forward your responses to this office to be reviewed prior
to submitting them to the insurance carrier.
Please be further advised that during the pendency
of your Compensation claim, the insurance company may wish to contact you
for statement purposes or other forms of communications, which might
include nurses, investigators, detectives or other individuals in the form
of rehabilitation specialists. It is the position of our office that you
should not agree to be interviewed or allow any of these individuals to
assist you in any way
contacting our office. We will set up an office interview with these
individuals to satisfy their inquiries.
Please note the
insurance carrier has hired these representatives and will obtain
information from them that can be used to the insurance companies benefits.
While such individuals will protest, they are interested in providing
expeditious handling of your case in both medical and financial matters.
These individuals maybe used to defeat your claim. We, do not recommend any
communications with anyone, except this office.
Our office is staffed with attorneys, who are equally
responsible and will work on your case. All information received becomes a part
of your file for the attorneys review and use. We have a fine clerical
staff, trained to answer most of your questions. We anticipate you may have
some questions in the future. WE ASK THAT YOU WORK WITH US TO ACHIEVE
MAXIMUM RESULTS BY ALWAYS ADVISING OUR CLERICAL STAFF AS TO THE NATURE OF YOUR
CALL. If the question involves a subject for which the clerical staff feels
the attorneys input is necessary, they will forward your call. We ask
your cooperation so that our entire office can be of service to you.
If you work for a municipality or governmental entity
and pay into the New York State Retirement System, you may file for retirement
due, in part, to your Workers Compensation-related injuries. If you are
disabled and are filing for such retirement because of your injury to protect
your rights at the time you file your retirement papers, whether for accidental
disability retirement, regular disability retirement, early retirement, or just
regular retirement, you should note either on the application or in
correspondence attached to the application that you are in part retiring
because of a Workers Compensation-related injury/disability. This is
critical. If you fail to include this saving clause you may loose your rights
to continuing Workers Compensation Benefits since the insurance carrier
could allege you voluntarily withdrew from the work force and are therefore are
not entitled to any additional financial benefits under the Workers
Compensation system. You should also obtain a letter from your doctor prior to
your application for retirement, stating whether they have discussed retirement
with you and whether they have advised you to retire because of your
you have a permanent partial disability, you will have to verify work
searches. Please call to go over these requirements.
To avoid any confusion; please note, pursuant to the
Workers Compensation Law, Section 24, all attorneys fees will
be deducted from your award. Please be advised that the
Administrative Law Judge is responsible for determining the amount of said fee.
This office will charge no other charges for attorneys services.
If we can be of any service please contact us at one of
our offices or by e-mail as listed below: