I had a hearing on my workers comp case and the judge declared I'm temporarily partial disability. I understand an award of compensation must be issued within 10 days. It has been 12 days and compensation has not been issued. They state there is a...
Hello New York. In general, the insurance carrier has ten days from the filing of a notice of decision to pay an award, unless they are appealing within 30 days. There is no real enforceable rule regarding how long it takes the Workers' Compensation Board to issue a decision, although it usually occurs within a few days of the actual hearing. Once it is issued, THEN the insurance company has to act. Once you receive the payment, you should save a copy of the check and the envelope to prove if it was late. You can request a hearing to address the issue. Good luck!See question
Mr. Welch is correct, ten days from the date the decision is filed. That date appears usually at the bottom right hand side of the decision. If the carrier fails to pay you within the ten days then save the envelope since you can request a penalty for late payment. However, if the carrier is going to appeal your case, they have thirty days in which to do that so you would still have to wait to see what they decide. Good luck!See question
I went out on workers comp in May of 2015 for an injury to my lower back at work. From that I ended up having a fusion with instrumentation on my lower back this past April (11 month later!). Still out of work recovering. Recently my upper back, ...
I am sorry to hear about your problems. If a condition is caused by work you are limited to workers' compensation and cannot sue your employer. Even though you have been out of work for almost a year, if your doctor links the condition to work you can still attempt to file a workers compensation claim for that portion of the claim. As to disability, Social Security will look at ALL of your medical impairments to make a claim and you should make a claim.
If I agree to the amount of the settlement offered from workers comp how long does it take to receive the checks for the settlement and the Medicare set a side in full. Can i use the medicare set a side portion of the settlement for my own use e....
Hello New York: If you have an attorney PLEASE review these questions with him/her. However, here are the basics:
In New York when the Section 32 is approved, each side has 10 days from the approval to withdrawal from the settlement. If the Workers' Compensation Board does not receive a withdrawal then they will issue a final decision. The Carrier has 10 days from that decision to pay.
As to the monies - and this is why I said to speak to your attorney. The monies you receive (settlement and set aside) are yours. You are agreeing to use the set aside money for medical expenses that should have been covered by the compensation claim. You then would report those to Medicare and once exhausted Medicare would pick up payments in theory. If you use the money to buy a house like you mentioned, and then you need medical care, Medicare can deny payment of those bills and so forth.
was at work and a defective machine fell on me an broke a body part. Company know the machine was defective but continue to use it instead of putting machine out of commission. Now I am out of work. how do I proceed with this legally. I know ther...
First - regardless of who is at fault, in general you are limited to filing for workers' compensation benefits against your employer in New York. So one thing to do is file your claim for benefits that will pay for lost time, permanent injury and medical care. Just because your employer may have been negligent in allowing you to still use the machine that is not enough to be able to sue the employer directly.
Second - you can speak with an attorney that handles defective machine (product liability) claims to see if you can possibly bring an action against the manufacturer of the machine or the people who maintain the machine. If it is an older machine and the employer handles fixing it then you may not have any claim.
You should speak with an attorney as soon as possible since you need to protect your rights. Good luck!
On 9/18/15 I was injured my right knee while working. While receiving Workmsns Comp, I was terminated after 5 1/2 weeks because my doctor didn't release me so I could return to work. Finally on 6/3/16 I had an MRI done on my knee and found out I h...
You definitely should speak to your lawyer or consult a lawyer. There are issues about lost wages (receiving the right amount after surgery, etc.), medical care as you improve and settling the case once you heal. Please look into it and good luck!See question
I work for a native owned and operated casino. I was severely hurt on the job working as a spa therapist. When applying for workmans comp I was informed NYS workmans comp was optional and they utilized Tribal First. Tribal First who claims to b...
You likely will not find a lawyer specializing in Workers' Compensation since such injuries unfortunately do not fall under the NYS Workers' Compensation System (you are spot on on the Tribal Sovereignty issue) however, an insurance contract is an insurance contract and you should seek out a civil attorney who could possibly help to determine what benefits you are entitled to, if you can sue and so forth. Good luck!See question
My MMI for my neck is 35% and my neck MMI is 75% my benefits are $433 @ week.
Hello Brooklyn - you definitely need to speak to an attorney. The factors that go into a finding of permanent disability in New York Workers Compensation are confusing and misleading. There are percentages that determine the amount of the weekly payment, there are percentages that determine the duration (how long you will get them) of the weekly payment and so on. So it is unclear to me what the 35% and 75% mean and how it could affect you --- Good luck!See question
I'm an NYC Transit Train Operator. It is a civil service title. I know that some civil service laws differ from laws for those who are not civil servants. I have been out on Worker's Comp since 6/11/16 because the mandated work boots have started ...
Hello Transit -
You seem to be asking two questions:
1) Can you continue to work your part time job and collect compensation - the answer is yes. As long as you notify the insurance carrier that you are working you could collect both your pay from the part time job and a check from workers compensation. The way it generally works is that Work Comp will look to your combined wages and pay you a portion of the difference (not reduce your Work Comp by the part time job) - you may have to wait some time to get benefits while you produce evidence and sort it out
2) Job security - whether you can work a second job as a civil servant etc. is based on your work rules and union contract - you may wish to speak to someone in the union. I assume you are TWU Local 100 so speak to them.
IF I KEPT MY LIFE TIME MEDICAL...NEAR FUTURE WOULD I BE ABLE SETTLE OUT MY LIFE TIME MEDICAL
Settling out the second part of your claim (the medical only) will depend on factors such as
1) Does the carrier want to settle
2) Are you Medicare Eligible
3) What is the value of the future medical
4) How often are you treating now
and many other questions. It can be done and if you are finished with treatment you may wish to consider it. Good luck!