illegal immigrant working at a warehouse sustains severe injury from machinery. Does he file a claim with workers compensation or bring a claim against employer for poor supervision/training and against manufacturer for product
If the undocumented worker is hurt on the job he or she is entitled to Workers Compensation. If they are hurt off the job the can sue though undocumented. If they are hurt in an on the job accident where a third party is responsible for their injury (i.e a painter is on a scaffold which is hit by a van, and the painter fall to the ground and is injured) the claimant can file both a compensation case against his employers insurance and a lawsuit against the driver of the truck and any other third parties with a role in the scenario causing the injury. "Why?" some may ask. It is the policy of this state and Federal government too (at least up until recently) to Not encourage employers to hire undocumented workers thinking they would be immune from Workers Compensation and liability lawsuits. Otherwise, less than scrupulous employers would only hire undocumented workers, thinking they'd be off the hook if the workers got hur.See question
I was involved in a car accident and sueing the other persons insurance for injuries sustained from the accident. I am on SSDI and wanted to be sure that the settlement doesn't affect my income. I live in New York and don't want it to affect my Me...
Your SSD will not be affected by any monies recovered in the lawsuit. However, Medicare may ask that its interests be protected similar to what they are doing in compensation. That is Medicare may want a piece of the personal injury settlement or verdict or may ask you to set aside some money in a medicare set-aside account to pay for bills incurred as a result of injuries sustained in the accident. A lot depends on how much the settlement is. Generally, they don't get involved in settlements under$25,000.00 and the verdict is still out as to whether a set-aside is needed. Some PI attorneys and some defense attorneys and some insurance carriers are very careful about making sure Medicare's interests are protected, less they be held personally responsible under the Federal law. Additionally, though you query emanate from Yonkers, it is not clear what state (or perhaps Federal court) your suit was brought in. In same jurisdictions, something called the "collateral source rule" requires the amount of your SSD be taken into account and it reduces the amount available to you accordingly. If you have brought suit, you must have a personal injury attorney and you should direct these questions to that lawyer. They are good questions and its important to you. Let's suppose you get a $100,000 settlement. After the lawyers 1/3, that nets you $66666.00. But, if Medicare is looking for $30 grand, you will only net $26,666. So it's important all the numbers be laid out and explained to you by your lawyer. Do discuss the Medicare LIEN and the Medicare set aside with your lawyer.See question
I was let go from my job due to a work related injury that has gone passed the FMLA time frame. I am still on workers compensation and have been partially disabled and i an currently looking for work under my doctors restrictions. I was told by my...
I believe that may violate the labor law. I suggest you contact the NYS Department of Labor or the US Dept of Labor Wages and Hours Division. I'd call the Federal Office nearest you, see below. If it is a matter that should be handled by the NY State Department of Labor, they will make the appropriate referral.
Albany District Office
US Dept. of Labor
Wage & Hour Division
Leo W. O'Brien Federal Building
11A Clinton Avenue
Albany, NY 12207
Syracuse Area Office
US Dept. of Labor
Wage & Hour Division
100 South Clinton Street
FOB Room 1373
PO Box 7245
Syracuse, NY 13261
Assistant District Director
White Plains New York Area Office
US Dept. of Labor
Wage & Hour Division
140 Grand Street
White Plains, NY 10601
Asst. District Director
Work as a School Bus driver until my hip gave out and I needed a replacement. I am also suffering with spinal stenosis and I won't be able to work again.
I agree with the other two lawyer that you can't get Social Security Disability because you are getting SS Retirement. I am wondering if you are talking about NYS Disability. Unfortunately, that program only pays $170 a week for up to 26 weeks of total disability, but has an offset for Workers' Comp and Social Security. SO even though your comp relates to something in the past it is still income that will offset NYS Disability.See question
I got hurt at my job and I'm being out almost a year now and I'm waiting for the approval for my surgery.
If your employer has more than 15 employees, You are protected by the FMLA (Federal Family and Medical leave Act) for only 12 weeks after which you can be terminated. However, if you work for the State or a local municipality the Civil Service Law protects your job for one year. If you are a union member there may be provisions to extend disability leave, you would need to inquire of your union if this is so (many IBEW contracts have extenders plus a supplement to the Workers Comp so their members essentially get full salary for a year when the comp and supplement are combined. If you expect to be out more than 12 months and are disabled for your job or any other job to which you are suited by age skills and prior work, consider applying for Social Security Disability. Even if you have a proposed return to work date, people out more than a can apply for a "Closed period of Social Security Disability' which pays benefits for the months they were out (less a 5 month waiting period). In terms of your compensation case, you may be in for some stormy waters soon, and I suggest it would be in your interest to retain counsel if you have not already done so. Make sure anyone you retain focuses on Workes Comp and Social Security Disability. Good Luck to you.See question
what does this mean for the injured worker ???
For one thing, fewer benefits in that Temporary partial disability are limited to 150 weeks. If you go over that the period of permanent partial benefits will be reduced by the number of weeks you had excess temporary total benefits Moreover, they want a to set up a commission to look at Schedule loss benefits with the unstated, but the well-known goal of reducing schedule loss awards. This does not bode well for workers.
I may add more comments after I've had more time to review the bill.
on February 25th I purchased online a chemical peel tca from a website directs to eBay store, (they sell on Amazon as well) they also been in business since 1999, but changed their name in 2012, ( I believe from lawsuits) I purchased and did t...
I would hire a New York lawyer who specializes in personal injury and products liability. Because this was sent through the US mail there may be Federal jurisdiction, there is certainly "long arm" jurisdiction so that a case could be brought in New York. We have some great powerhouse personal injury lawyers in New York, but then again so does Florida. Good Luck with this. Don't waste time in retaining counsel.See question
Hi there. I have got a letter from Work Comp Board about next hearing: continued to testimony claimant on summations. Probably judge make an award?
The summations may or may not END the case. They may be for ONE issue that was litigated. For example is your Knee related to the back injury you suffered. So, truth is, you have to ask the attorney who is handling your case for a more definitive response.See question
I am currently receiving workers comp and ssd, my union, 1199, started my retirement disability checks after my ssd was approved. What happens to my workers comp?
Although I agree with what Len Feld said, it possible your disability retirement has an offset for Workers Compensation. Did they ask you for your compensation award notices? Most Public Employee disability pensions do have the offset, but if your pension is through the union, you'll have to find out from your Region Representative what the case is. It's likely a question your shop steward can't answer, but they can put you in touch with the parties who can. Congratulations on getting your disability retirement.See question
I can't find a lawyer to help me. Why? I have call at least a hundred lawyers emailed about the same amount. I don't know what I'm saying wrong ? I don't know a thing about social security, appeals, districts, my case is a big fat mess because o...
I don't know that I fully agree with the other responses. If you have lost all of your administrative appeals, take yourself to the United US District Court
Northern District of New York
James M. Hanley Federal Building
100 S. Clinton St.
Syracuse, NY 13261
Ask to see the pro se clerk. They will help you get the papers filed even if you don't know anything. Ask him or her to help you file "in forma pauperis" if you don't have the filing fee.
A lawyer who prevails for a claimant can get a fee via the Equal Access to Justice Act, even if the case is merely sent back to the Social Security Administration for a new hearing. Contact the National Organization of Social Security Claimants Representatives, they may be able to make a referral to an attorney or legal aid office that may be able to help you. NOSSCR Lawyer Referral Service: 800.431.2804. There used to be a lot of highly proficient members of NOSSCR in the Syracuse area, I assume there still are. Don't waste time. Get to the courthouse. Make the call to NOSSCR.