Workers’ Compensation and Social Security Disability Questions & Answers

Do I have a case?

Any injury happening on the job in NY or emanating from the job exposure is covered under the New York Workers’ Compensation Law subject to some exceptions listed in the Statute. You must be a covered individual, legally performing your job duties.

Is there a consultation fee?

All fees are contingent in Workers’ compensation and Social Security cases in New York and are subject to Court approval.

How do I pursue a Workers’ compensation case?

I suggest you hire or retain a lawyer who handles workers’ compensation cases regularly. The law has become quite complex and has many pitfalls for the unwary.

How do I proceed with such a claim?

You must notify your employer. File a written c-3, also known as a claim form and obtain medical evidence from a medical provider recognized by the Workers’ Compensation Law. This is done by the provider filing a c-4 form aka a medical report on the proper form with follow up documentation regarding your case.

How are attorneys’ paid?

All attorneys fees are deducted from your formal award and determined by the Workers’ Compensation Board ( WCB) or the Social Security Administration for Social Security cases.

Are my benefits taxable?

In most cases, they are not. In some combined Wcb and Federal Social Security Cases cases( SSDB); there can be a tax and this should be discussed with your accountant when you are positioned to receive benefits under both systems.

How long does it take to receive Social Security Disability Benefits?

It usually takes three years from the date you first file your claim to receive the financial benefit.

Can I collect indemnity benefits under both systems?

Yes, but there is a maximum benefit determined by your past listed Social Security Benefit (FICA) and this is calculated upon your filed on the books income. Your workers’ compensation benefit is calculated based on the year immediately proceeding your Workers Compensation Case subject to maximum and minimum rates effective on the date of your accident. Your Social Security Benefit is reduced in most cases by your Workers Compensation benefit.

Can I collect medical benefits for the same conditions under both systems?

No, but you can collect medical benefits under both systems for unrelated medical conditions. The systems are separate and have there own methods for determining what is related and what is not. Neither system can bind the other.

 

These, like most legal questions, are best left to direct discussions with a retained attorney. Each case is unique and these answers are merely general and provided for educative use. Your specific case may have differences that cannot be addressed in this forum.

Contact us today directly to discuss your specific case.

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