-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Victor Fusco's Answers
- 81 Legal Answers
- 0 Legal Guides
4
Attorney answers:
How long does the insurance company have to pay me after the comp. board tells them to?
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...
Selected as best answer
3
Attorney answers:
How long does the insurance company have to respond to a settlement offer section 32 for a workers comp injury
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...
Selected as best answer
1
Attorney answers:
Section 32 agreement for case settlement. the case was settled by attorney and insurance co for employer. the workers comp my
The case may have been settled without any finding of liability or perhaps without any finding of causal relationship of the conditions you are being treated for to the accident. Sometimes depending on the circumstances that's the best you can do. I would say yes you can use your medical insurance if the conditions were not linked to that case. However, since you ahd an attorney represent you, and since I could not possibly know al the facts and circumstances of your claim, it would be best...
2 people marked this answer as helpful
1
Attorney answers:
My medical records were disclose (including my social security #) by workers comp. department in NY city.
Workers Comp proceedings are generally exempt from HIPAA protections although, most carriers use HIPAA releases to be on the safe side. You may have a problem going after them for the error.
2 people marked this answer as helpful
1
Attorney answers:
SSA 1099 Confused
Yes they do that it is very unfair and cries out for legislative correction. Attorneys have been writing their congressmen about this but nothing has happened. The new administration may pave an easier path to legislatively changin this. Speak with your Congressman's office. If they are interested in this issue I will b e glad to help them with information and writing corrective legislation. In the meantime use a professional to do your taxes so they amount of your benefits offset for...
2 people marked this answer as helpful
3
Attorney answers:
Workers Compensation
Debbie, it may or may not be possible to reopen ytour comp case. I need to ask you more questions and review your paperwork. We handle long term disability and SSD as well. Please call for an appointment we have offices in Manhattan.
2 people marked this answer as helpful
2
Attorney answers:
Workers comp settlement
Ordinarily that is NOT a fair amount for your case. Ordinarily the offer should be between 52000 and 63000, depending upon your age (they will offer more to younger workers) However there may be defenses in your case that lower its value. If the carrier has a strong :voluntary withdrawal from the labor market defense" for instance, they might be shooting to cut off you on going benefits entirely if they were to win on that issue. The short answer to your question is an attorney needs much...
2 people marked this answer as helpful
5
Attorney answers:
Workers Comp Case
It is too early to settle. You need to get an attorney and litigate the rate of disability...I don't know what you were making on this job, but you are getting nowhere near the maximum rate of comp. In New York the max comp is 2/3 of your gross (including OT, covered second jobs, etc) capping at 2/3 of the state average weekly wage...so that cap is $ 740 a week at present. Right now the insurance company thinks you only have a mild disability and will offer squat. They will want to see if...
1 person marked this answer as helpful
4
Attorney answers:
My brother has been involved in a WC case in NY and it's going on 13 years!
As long as the carrier is paying your brother and paying for his medical they can raise issues. To get 100% disability in NY will require litigation. -- if the case is closed the carrier may start to refuse medical care. You have a case as long as there are issues. Even if the case is closed, it can be reopened unless you lump sum settle it...if your brother is 100% disabled (by what standard?....you can't rely on the Social Standard - it's actually less stringent than compensations standard...
1 person marked this answer as helpful
6
Attorney answers:
- ···
Worked co.26 yr rear ended going to next client on work.com. 1 yr+ terminated me no medical now still on work.comp.
YES, they can. The only exception is if there is union collective bargaining agreement which provides otherwise...in which event you will have to greive this. Under the law "Family medical leave act" most employees are covered for 12 weeks maximum, if they are out longer than that they can be fired. So in that respect your employers policy is liberal. Even government (City, State, local) can be fired after 1 year under NYS Civil Service law 71. If your company is covered under the Americans...
1 person marked this answer as helpful