Victor Fusco’s Answers

Victor Fusco

Woodbury Workers' Compensation Lawyer.

Contributor Level 10
  1. I was injured on the job recently. Although I did not lose any wages, am I still entitled to some type of compensation?

    Answered over 1 year ago.

    1. Victor Fusco
    2. Eric Edward Rothstein
    3. Jeffrey Bruce Gold
    4. James M. Clancy
    5. William Ward Crossett
    6. ···
    6 lawyer answers

    You are entitled to have your medical covered in full- no deductible no copay. You must file certain papers to protect yourself (C-3 ) with the Workers Comp Board. You may be entitled to a schedule loss for any permanency of injury, this is a sum of money. You don't have to lose any time to get this award, you just have to file the claim. Several commentators said to consult with a Workers Comp attorney. We are Workers Comp Attorneys and have an office in Brooklyn (Downtown) near the Workers...

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  2. I'm on worker comp. and I want to start my own business. What to do about worker comp?

    Answered over 1 year ago.

    1. William Ward Crossett
    2. Leonard Bernard Feld
    3. Victor Fusco
    4. George Ellis Corson IV
    4 lawyer answers

    You might want to discuss with your attorney whether or not it would be a good idea to settle your case via section 32, i.e a lump sum of money to dispose of the case. Otherwise you will need to show a legitimate job search, consult with Vocational Rehab, etc, to show attachment to the labor market. The issue with people running small businesses is that carriers will constantly be disputing your reduced earnings claims with the allegation you are hiding income or purposely limiting income to...

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  3. Is it possible to get a loan against my workmans comp. case in NYS, anywhere?

    Answered 10 months ago.

    1. Leonard Bernard Feld
    2. Victor Fusco
    3. Eric Edward Rothstein
    4. Brian Marc Mittman
    5. Christian K. Lassen II
    5 lawyer answers

    No. I know of no finding company that would advance a loan against workers comp, especially these days when its becoming much more easy for a carrier to find a way to knock someone off or suspend benefits. Even if there was, ( and I agree its against public policy) the interest rates would make it unattractive. I don't know a single claimant's attorney who would recommend a loan against a future settlement. And that's probably what your attorney told you. I agree with Mr> Feld and Mr. Mittman.

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  4. How long does the insurance company have to pay me after the comp. board tells them to?

    Answered over 3 years ago.

    1. Victor Fusco
    2. Donald Roger Swete
    3. Jerry Anthony Gambino
    4. Charles Joseph Michael Candiano
    4 lawyer answers

    10 DAYS OR YOU CAN ASK FOR ANOTHER PENALTY. IF THE CARRIER HAS APPEALED TO THE BOARD HOWEVER WITHIN 30 DAYS, THERE IS NO PENALTY DUE AND OWING YET. SECTION 25 (3) (f) states: If the employer or its insurance carrier shall fail to make payments of compensation according to the terms of the award within ten days or the uninsured employers' fund shall fail to make payments of compensation according to the terms of the award within thirty days after such ten...

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  5. How long does the insurance company have to respond to a settlement offer section 32 for a workers comp injury

    Answered over 3 years ago.

    1. Victor Fusco
    2. Jerry Anthony Gambino
    3. Leonard Bernard Feld
    3 lawyer answers

    The insurance company is not obligated at all. You are not "entitled" to a settlement. They will consider it if its in THEIR best interest to get rid of you. If they they think they can rid of you some cheaper way, they will want to try that first. You really had better sit tight. You are getting a good rate. You don't want a hearing and you don't want to be classified. You only need a hearing if the insurance company wants to CUT your benefits. In your case from what you described you should...

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  6. I had ankle fusion surgery and was out 7 weeks total. I am an office manager, I was put in a clerical position when I returned.

    Answered about 1 year ago.

    1. Victor Fusco
    2. Leonard Bernard Feld
    3. John M Connell
    4. George Ellis Corson IV
    4 lawyer answers

    Whether or not this is a workers compensation case, as my friend Leonard Feld questioned, if the company has more than 15 employees you fall under the FMLA as noted by one of the other commentators, but you also may fall under the Americans With Disabilities Act. Are you able to do your past job with- or without reasonable accomodation. If so the employer must take steps to not discriminate against you on the basis of a disability or the perception of a disability. I do agree you need an...

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  7. I was approved surgery for lower back L5-s1 by nysif insurance on 1-2-2012 my surgery will be in march 8 '2013 why not all'

    Answered over 1 year ago.

    1. William Ward Crossett
    2. Victor Fusco
    3. Leonard Bernard Feld
    4. Camila P. Medici
    5. George Ellis Corson IV
    5 lawyer answers

    Did your doctor ask to do them all, I highly doubt it. They generally only work on the disk areas that have been demonstrated by confirmatory diagnostic techniques (CAT Scan, MRI, EMG & Nerve Conduction testing, clinical findings on exam) to be causing symptoms. Many herniations are not symptomatic. Your pain and disability are most likely emanating from the disks that have been authorized to be worked on. Generally the Thoracic areas is the least symptomatic, but also harder to work on. I've...

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  8. Cervical Iordosis & Cervical Spinal Stenosis, workers compensation, who pays for dependents insurance coverage?

    Answered over 1 year ago.

    1. William Ward Crossett
    2. Victor Fusco
    3. Bobby L. Bollinger Jr.
    3 lawyer answers

    You did not indicate when you had the lifiting episode and when you told the boss if you ever did. the fact that "everyone" knows your in pain does not translate to the boss having knowledge, in fact Workers comp law requires written notice to management. It may as simple as Dear Boss, this is to let you know on _____2013 I hurt my neck and right arm while lifting boxes. I thought the paid would go away but it did not, it's continued to worsen. Please notify our Workers Comp carrier and have...

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  9. Can my employer deny me workers comp,by saying it was not work related,when in fact it was?

    Answered over 5 years ago.

    1. Victor Fusco
    2. Bruce S Lipsey
    2 lawyer answers

    If your initial back injury was an accepted comp case and you have aggravated it, as long as your doctor documents that your current condition is an "aggravation" or an "exacerbation" you may be entitled to receive compensation. Your employer's position is what it is, however the employer is not the final word. You should ask for a hearing at the Workers Compensation Board to determine the issue. Did you file a claim with the the NYS Workers Comp Board when you were initally hurt? Did an...

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  10. Shouldnt I get paid 100% disability. If doctor wont give me 100% diability and work wont take me back unless I am 100%

    Answered over 1 year ago.

    1. Victor Fusco
    2. Rafael Omar Gomez
    3. Bobby L. Bollinger Jr.
    4. George Ellis Corson IV
    4 lawyer answers

    Workers Compensation won't take pity on you. If you are 50% disabled they will pay you 50% of your comp rate meaning they will cut your benefits in half, and state you have an obligation to at least search for something within your remaining 50% ABILITY. (Yes it's quite abstract and theoretical but it is what it is). The Good News is you can apply to unemployment, as long as you are ready willing and able to work with the restrictions your doctor states you DO have. BOTH programs will expect...

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