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Brian Marc Mittman
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Brian Mittman’s Answers

283 total


  • After a workers comp settlement can I file for unemployment?

    I just settled my workers comp case. And in the settlement it says that I can file or unemployment and they will not try to stop me from doing so. I wanted to know can I file today even though I settled my case today. Also will it effect my settle...

    Brian’s Answer

    You can always collect workers compensation and unemployment - the challenge becomes what you are claiming and how it might effect one benefit or another. If you have resolved your workers compensation claim (it is not clear how you resolved it) then you should be able to file for unemployment - you would need to ask the department of labor how long those checks would take. If you have an attorney your attorney should be able to explain in far more detail since he or she will know how you settled your case. Good luck!

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  • If I am caught cruising the border into USA with 2 fake social security cards, what kind of violation can I be charged?

    I am not living, nor working in the USA, I am doing a tourist trip

    Brian’s Answer

    I believe you should speak with a criminal attorney this is not really a social security question. Common sense seems to say this is improper, but what the consequences are can vary greatly.

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  • What do i do if my boss doesn't want to take me back to work, after an on the job accident.

    i worked for a pool cleaning company for around 5 years, 2 years ago i had an on the job accident, which lead to 2 surgeries. After the surgery's i had permanent damage to my arm and i could not work as i used to. My boss took me back to work last...

    Brian’s Answer

    Hello Pool Injury - unfortunately, an employer in New York is NOT required to take you back. From a workers compensation perspective he is only required to report the injury and not discriminate which seems to be exactly what he did, especially since he took you back before. If you feel you are a victim of discrimination or wrongful termination then you would need to speak with an employment attorney but from the sounds of it it seems he just isnt responded which is not discrimination. Good luck!

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  • NYS workers' compensation, Inactive employee.

    I received a letter from my employer changing my employment status from active to inactive and my benefits will expire on 4/30. Also if my return is after 6 months I will have to wait 90 days for the return of my benefits. The letter is dated 4/15...

    Brian’s Answer

    As long as the employer does not dispute the workers compensation case then they have pretty free reign to address 'job security' issues. Most employment in NY is employment at will meaning that you can be hired and fired for any reason as long as it is not discriminatory - so you hurt yourself, they file the case and fire you - legal. Here, it sounds as though you will have some additional protections from the job (union or contract) but the employer can follow those rules without getting in trouble. It doesn't sound right, but workers compensation is NOT job security it is only to pay lost wages and medical. Good luck!

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  • Settled WCB over 10 years ago, can said claim be reopened?

    Had a lower back injury in 2001 settled with out surgery, with the option to revisit in the future. I am recovering from cervical spine surgery; while at my initial PT appt I was asked if I was experiencing lower waist numbness and respond yes an...

    Brian’s Answer

    In many instances in the world of workers compensation, especially with older cases, there were often agreements to reopen cases on medical issues or under special circumstances. I would suggest that you obtain medical evidence and then submit it to the workers compensation board. You can reach out to the advocate for injured workers at the Board and explain your situation. It is very unlikely you will find an attorney willing to handle the case since there will be no way for that attorney to get paid for the work she or he does for you. Good luck!

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  • Is falling in the parking lot of your place of employment on your way into work considered under worker comp ?

    Since i wasn't on the clock yet officially

    Brian’s Answer

    This is a great question. Unfortunately the answer is "it depends". Commuting to work is generally NOT covered by workers compensation. However, you have to be able to safely enter or exit your employers place of employment. Therefore, falling in the employer parking lot could be covered depending on things like whether the parking lot is exclusive to the employer, open to the public, distance from the building and so on. If you have sustained an injury I would suggest you speak to an attorney and file a claim. If you don't "win" you could possibly bring a lawsuit or make a claim for private medical benefits. Just because you have not punched in does not have any bearing on your right to benefits! Feel free to reach out and good luck!

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  • In workers comp and my jobs layed off people.

    Hi I have been on workers comp for over a year and when i read that target my employer was laying off 1700 workers I though i did not have to worry. But on Friday morning in my dept card I get a text and they had deposited money into my account. W...

    Brian’s Answer

    Hello Flushing -- I am sorry to hear about both your accident and your termination. In short, you are still entitled to workers compensation benefits even if you are terminated. There are rules (as you know!) to follow about work comp benefits and as long as you follow those rules you should continue to receive benefits. Unfortunately, you may be terminated while out on Work Comp. As suggested by my colleague - definitely follow up with HR and see what package or options you may have. Good luck!

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  • Can I ask the comp board for a penalty if the insurance company doesn't fill a prescription

    Can I ask the comp board for a penalty if the insurance company doesn't fill a prescription that has been at the pharmacy for months and after many calls and letters to the insurance company? The medication cost over $400. and I can't afford to pa...

    Brian’s Answer

    You can certainly ask the Board for a hearing and a ruling to direct payment of the prescription. As to a penalty, there are different penalties available but they are basically very minor and not much of a deterrent to the carrier. By requesting a hearing you the carrier will at least have to have people show up and so on. Good luck -- you may wish to call the Advocate for Injured Workers (check out www.wcb.ny.gov for information)

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  • Can i get Dental Insurance with my Ead-Social Security?

    Im Currently waiting for my I -485 im in urgent need of getting a dental insurance because i dont make enough to cover the amount. can i get the insurance? i dont want to look or seem like im taking advantage of the system but i do need just dent...

    Brian’s Answer

    While certain Medicare and Medicaid programs allow for some dental coverage, the fact of an EAD and a Social Security Number is usually not enough to just entitle you to such benefits. You ought to speak to your immigration attorney or consult with a local Social Security Office. Good Luck.

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  • In NY, can workers comp benefit be reduced or denied ?

    If the Employer claims the employee failed to use safety appliance offered and terminates that employee while a case is open..... can the workers comp benefit be reduced or denied?

    Brian’s Answer

    Technically - no - failure to use a safety device and termination will not affect your ability to obtain benefits. However, I have seen insurance companies dispute cases saying employees failed to follow rules - and this lead to delayed benefits and a trial. Also, as long as your employer does not fire you for actually filing a workers compensation case they can terminate you for other reasons. Even if you are terminated, if your doctor says you are impaired as a result of the work related injury then you may be eligible for benefits. Good luck!

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