New York Workers Compensation Legal Questions

Workers compensation is a specialty area. I moved your question to attorneys handling workers compensation. Those attorneys are specialists in workers compensation claims. Some of them also handle personal injury and/or social security disability claims. For those of us who handle employment discrimination cases most all of our clients are currently looking for work and able to work if a position became available. This applies even when it looks like a potential employee might not be offered work because that prospective employee is perceived or regarded as disabled. Good luck.... Read More

Regardless of whether a property is vacant or occupied, a property owner needs liability insurance- and your story is a perfect illustration of why. Assuming the worker was injured on your property, unless you made a contract with his boss in the name of a corporation, you will be held personally liable for the worker's injury, unless you had a written agreement with your painter to obtain workers compensation insurance, or to defend and indemnify you in the event one of his workers was injured on your job.  If the worker or his boss were negligent, that may reduce the percentage of your liability, but it won't be reduced to zero. Get yourself property insurance, immediately. Winter is coming, and if someone is injured falling on an icy sidewalk on your property (and yes, you're responsible for snow and ice removal even though the property is vacant) - or even if someone breaks into your house and gets injured- you may be held responsible for injuries resulting from those scenarios, as well.   ... Read More

Generally, yes, you can still claim WC benefits even if you are no longer employed by the company where you were injured. Whether the termination can be used as a reason to deny monetary benefits or not depends on the specific facts of your case. Contact the adjuster handling your claim regarding specific benefits questions.... Read More

The injured Employee would clearly have a claim for workers’ compensation benefits against the General Contractor.  In addition to that, the injured worker may have a claim against the driver of the truck for causing the worker’s injuries.  The injured worker could NOT pursue a claim for negligence against the General Contractor assuming the General Contractor carries WC insurance due to the General Contractor enjoying immunity from negligence suits through the WC insurance.... Read More

Unfortunately, there is no payment for pain or suffering under the WC Act. There are, however, disfigurement benefits that may be payable for permanent, unsightly scarring found on the head, neck, or face.  If any of the burns are visible on the head, neck, or face, it would be worthwhile to consult with an attorney to determine what the case might be worth. Many Workers’ Comp Injuries Can Lead to Others... Read More

Maybe if you have good medical proof that the cancer was caused by his exposure he may have a case. However, he may be LIMITED to medical if he is retired as you would have to show a loss of earnings to To obtain lost wage benefits.  These types of cases are complicated and you are best served seeking a local attorney as their may be other remedies beside workers compensation.... Read More

The decision to have surgery or not is yours alone.  The Board will not order you to have surgery.  If you do not have the surgery and you are otherwise at maximum medical improvement it is likely that a permanency evaluation will me made which will either result in a schedule loss of use or a finding of A Permanent Partial Disability. You should review the options with your attorney.... Read More

When deciding whether or not to consult with an attorney I recommend that you ask yourself this question.  Can I explain by job and all its ins and outs in 20 minutes?  Or can a outsider learned my job by reading a short pamphlet? The answer of course is no.  So how can you expect to understand all your legal rights and obligations by looking at web sites and publications with just general information? Workers Compensation is very complicated, while at its essence it is a simple promise of medical care and wage replacement the process is adversarial and often times hard to understand. Sometimes it is also counter to common sense, as it is evidence driven. You indicate that your light duty will end after 45 days however just because you cannot perform your job does not mean that you will receive benefits at the Total or Partial level.  If you fail to take the proper steps or lack medical evidence you may find yourself with no income. In my opinion you need to protect your future by talking to an attorney who understands how workers compensation actually works in your area. You should have with you an idea of how much you earned the year before your injury, the extend of your injuries and you probably want to bring someone with you that helps you make decisions.... Read More