Is that money protected
Generally yes. Be sure to put it in a separate account, and notify the bank the account is for workers comp benefits only. It is protected from general creditors in that it is not attachable except for child support or Federal liens like unpaid student loans, taxes. You need to discuss this with your bankruptcy attorney as well.See question
My husband works for a trucking company he was hurt pretty bad about 5 years ago and went back to work there . what had happen was he was on a fork lift loading a trailer and the truck driver pulled away from the dock and he fell off the dock in t...
You did not indicate if the trucker worked for his same company or a different company. If the trucker worked for a different company, you'd have three years in which to bring a lawsuit against them. You have two years to bring the comp case as pointed out by the other comments. You can have a comp case and a lawsuit. If your husband filed a workers compensation when he was hurt, he'd have 7 years to seek a ruling establishing the case. So as long as a case was filed with the NYS Workers Comp Bd within 2 years, he could still pursue it. Once a case is established you can reopen within 18 years with proper proofs. You should consult an attorney and bring in any papers you have. There are some exceptions to the Time Limits. For example, if the employer paid the medical bill when your husband first got hurt, with knowledge it was paying for an on the job injury.See question
I bought a chocolate bar from my local Pret in London UK. I ate a piece and looked down to see there was a bug in the wrapper. I looked closely and it was actually eating the chocolate. I felt sick and spit out the chocolate I took pictures,...
This is not a workers compensation issue, you apparently are seeking general damages in tort. The English system as I understand is different than ours. I do not believe attorneys take such cases on contingency there, they charge hourly. I would good London UK Barristers and Solicitors and see what comes up, maybe there will be an advertisement or a number you can call to ask a question of someone who practices law there.See question
I was working at a job, which suddenly forced me to wear dress shoes all day. The job requited going up and down steps etc. I was in a lot of pain very day which I was very vocal about. I was let ho from the job in July an the pain has been gettin...
You have two years in which to file a claim in New York State. The longer you wait the stronger the employer's defenses such as "afterthought" "retaliatory claim filing" "failure to show a causal relationship" "no notice within 20 days," will become. But so what. That's what workers' compensation attorneys deal with every day. In all likelihood, the claim will be contested. The Workers Compensation Board is there to adjudicate contested claims and there are plenty of them. Don't be afraid to pursue the claim. Get a worker's compensation lawyer. They work on contingency, meaning the only get a fee if they get you money. Be sure to see a workers' compensation authorized ("coded") doctor and make sure to get a report (C-4) showing your condition is "casually related" to the history you described above. Good Luck.See question
We are a small out-of-state business (under 5 workers) but we have one worker who resides in New York. Our NY worker performs some work in NY and also from time-to-time travels out-of-state to perform some work. Out of an abundance of caution, we ...
I am for the sake of argument assuming your state is contiguous, and perhaps is New Jersey. Check your policy in your state it may cover out of state workers. I know some NY policies, such as ours, do, but it may be because our broker added a rider. You can argue that the employee was hired in NJ, is paid out of New Jersey, takes direction from New Jersey, and like any employee can be sent to work on projects wherever. If you can show you have" all states" coverage New York should (not saying hey will--we need money here!!) back off. If you are maintaining he is an independent contractor you may have made inconsistent statements to the Dept of Labor on your UI registration. This is a constant problem in NY. This man may well be an Independent Contractor if you paid him on a From-1099, he had full control of his hours worked, and use his own tools, had the right to refuse an assignment, could do work for other companies. A good example is a salesman called "manufacturers representative" who sells a certain type of products for several companies, say marine paint, or industrial machinery or whatever. He works his own hours, uses his own office, car, phone, computer, and connections. He will go to industry conferences and networking events on his own dime. So, to fully answer this question would require an attorney to ask YOU many other questions. The information you gave is insufficient. Good Luck in this. You may wish to retain NY Counsel.See question
While gone for a week I was told I couldn't come back because the motel was sold and the new guy was going to tear it down and build a new one.That left my son and me living in a truck for a month. Spending money that really didn't have I am on SS...
Although this is not strictly a Workers Comp question, I feel horrible about this situation and want to give you some recommendations In each County (upstate some counties share) there is Dept of Social Services, and usually a Bureau of Homeless services. Go see them. Maracellus is in Onondaga County
If you are a person with a disability, and you need information about the accessibility of Onondaga facilities, programs or services You need specific assistance to access Onondaga facilities, programs or services because of a disability., contact the designated representative from the appropriate Onondaga County Department of Social Services. You can contact the designated representative from the appropriate Onondaga County Department listed
You can contact Onondaga County's designated coordinator for Title VI, ADA and LEP issues:
Director of the Onondaga County/Syracuse Human Rights Commission
John Mulroy Civic Center
Suite 19 - Basement Level
421 Montgomery Street
Syracuse, NY 13202
(315) 435-2110 Direct to Desk or (315) 435-3565 General Office Phone
Also: There are these programs which you need to find out if you qualify.
Family Assistance (FA)
This program provides money for families with children. Cash benefits are limited to five years in a recipient’s lifetime. After five years a Family Assistance case may continue to receive benefits if an adult is disabled and cannot work or may be required to apply for assistance through the Safety Net category.
Safety Net Assistance (SNA)
This program provides money for basic living expenses for single adults and childless couples or families who have used up their 5-year limit of FA. Cash benefits are limited to two years including any cash benefits received through Family Assistance. After two years, the non-cash Safety Net Assistance voucher system provides benefits.
Emergency Temporary Assistance
An emergency is an urgent need or situation that has to be taken care of right away. Emergency Assistance for Families (EAF) and Emergency Safety Net Assistance (ESNA) provide assistance for crisis situations. Services such as prevention of evictions, moving expenses, utility shutoffs, help with food expenses and diversion payments to help individuals avoid the need for ongoing assistance are available.
Some examples of an emergency are:
You are homeless.
You have little or no food.
Your landlord has told you that you must move or has given you eviction papers.
You do not have fuel for heating during cold weather*
Your utilities have been shut-off or are about to be shut-off, or you have a 72 hour disconnect notice.
You or someone in your family has been beaten, abused or threatened with violence by a husband, wife, partner or other member of the household.
*Note: for individuals not on Temporary Assistance the HEAP unit on the 7th floor of the County Office Building handles fuel and utility emergencies.
Who Is Eligible?
To be eligible for a Temporary Assistance benefit, individuals and families will be subject to income and resource tests. Benefit levels vary depending on household size, available income and expenses. Please keep in mind that you may NOT be eligible for benefits if you do not meet guidelines set by New York State.
Look at this page if you have access to a computer http://www.ongov.net/dss/temporaryAssistance.html
I opened a workers comp case in ny back in July after getting hurt, I was recently cleared to return to work and was also presented with an offer from another company which is a much better career field, but I cannot have an open workers comp case...
Although I totally agree with Mr. Bentsen above, let me add a few things.
1. Your lawyer does not have the "power" to close a case. Only the NYS Workers Comp Board can do that.
2. The Board can do one of two things in your situation: Issue a decision making formal awards of any comp paid, and indicating no further treatment necessary. You will need a report from your doctor form C.4 indicating "patient doing well, no further active treatment planned." Then the Board can issue a decision called " NFA" Meaning No Further Action by the Board at this time unless one of the parties writes to the Board requesting them. This is much better protection for you than a true closing in which the Board writes
"case closed, no further disability." Such a finding may make you have a high hurdle if something unexpected goes wrong down the road and you need to reopen the case for treatment.
One other thing troubles me about "closing the case." Let suppose your past job was as a construction worker, or something similarly heavy, like a warehouseman,
It's possible, though you've not said so, that you may be taking a cut in pay to do a less demanding job, because of the injury. (I'm just guessing, you didn't state this.) Has anyone advised you that if there is some ongoing disability, even though you now can do a lighter job, that if that new job pays less than the old one you may be entitled to a monetary award called "reduced earnings" of up to 2/3 the difference between you old salary and you new one if the new one is lower than old one. Finally, how did you get hurt? Did anyone investigate the possibility of the third party lawsuit against an outside party (not your employer) who did something that played a role in your injury, (For example, Another contractor on a Jobsite left debris and you tripped over them.).
Your question raised a number of questions in my mind. Why not make an appointment to talk to your lawyer in the office rather than on the phone. One further question, who said you can't work if you have an open comp case. Lots of people work with open comp cases, so they can treatment while working. That's quite discriminatory and in New York City, illegal. It also is violative of the Federal Americans with Disabilities Act. If you can do the essential functions of the job, everything is basically immaterial. They can't reject you because of an open comp case. Did they say this you or are you just surmising?See question
I was planning on retiring from my job in Jan., in September I got injured and claimed workers compensation just to have my bills paid. What happens if I still retire in January to my case?
If you retire because of a disability related to your comp case you better have medical documentation to back that up, otherwise you will be in for a fight with the insurance carrier claiming you have removed yourself from the labor market, If you do retire because of a partial disability, you better make a valid job search for something with your work capacity. You need to sit down with a Workers Comp lawyer BEFORE you put in any retirement papers, or even say anything about retirement to anyone at work. You may have a lot at stake, please get a lawyer.See question
Can I claim disabilty
You can claim NYS Disability (Max 26 weeks) if at the end of your UI you become disabled. Just be careful you don't open up a can of worms. If were disabled while getting UI, they can ask for the money back as when you get UI you are certifying you are ready willing and able to work. So, you are going to need to prove a disability that occurred after your IU ended. The claim will be against the last employer. If the disability is expected to last more than 12 months and prevents you from doing any type of work, you can apply for SSD, but make sure your doctors are ready to back your claim and provide medical evidence to support your claim.See question
I asked Paychex payroll services to help me last year to get work men's compensation for a job I wanted to do. I'm a simple handyman working by myself and for myself. They told me to put my wife on the books for an hour a week and I would have wor...
We are seeing more and more of this in New York State. Contact the Workers Comp Board for the list of attorneys who practice in the field or look at the Board's website for the list. Not all of them will handle this type of an issue so may have to make several calls. Also contact your local bar association and look at those who serve on the Worker's Comp committee. Perhaps some of them could help you or steer you to a firm that can. Some of these payroll companies have been really messing this stuff up. Are you a corporation or single proprietor?See question