New York City Disability Attorneys
The attorneys at Turley, Redmond, Rosasco & Rosasco have over 30 years of experience representing injured workers, disabled individuals, and disabled veterans in Manhattan and Long Island. Though our clients come from all walks of life, they all have one thing in common — they have suffered injuries that affect their livelihood. As such, our New York City disability attorneys take great pride in helping our friends and neighbors obtain the compensation they deserve.
Who We Represent
Although the American workplace has become much safer over the past few decades, work-related injuries and illnesses remain a serious issue for many workers. With the nation’s largest municipal workforce, workplace safety is of particular concern in New York City, especially for construction workers, manual laborers, and other blue-collar workers. Some of the most common work-related injuries we see in New York City include:
- Slips, trips, and falls
- Automobile accidents
- Machinery accidents
- Cuts and lacerations
- Exposure to loud noises
Fortunately, the workers’ compensation program provides benefits to individuals who suffer work-related injuries like these. It is available to individuals who suffer an injury or illness on the job that prevents them from working temporarily. While the program is limited strictly to injuries sustained in the course of the claimant’s employment, it operates on a no-fault basis and awards compensation to injured employees regardless of whether they were at fault for their injuries.
Almost all employees in New York are covered by the program, with few exceptions.
In New York City, uniformed police officers, firefighters, sanitation workers, and public school teachers with the exception of shop teachers are excluded from the workers’ compensation program because they are covered by various other programs.
For injured workers who qualify, the workers’ compensation program provides cash benefits, medical benefits, and death benefits. The amount of cash benefits a claimant receives depends upon how much he or she made before the accident and is equal to two-thirds of the claimant’s average weekly wage multiplied by the percentage of his or her disabilities. The medical benefits offered by the program cover the full cost of the injured worker’s medical treatment provided that the claimant is treated by a doctor approved by the program. If the claimant dies as a result of his or her injuries, the program pays death benefits to the claimant’s surviving spouse and minor children in the amount of two-thirds of the worker’s average weekly wage for the year prior to the accident.
Not all injuries and illnesses that prevent an individual from working arise out of or in connection with his or her employment. In some cases, an individual may have a pre-existing medical condition or suffer a non-work-related injury that nevertheless affects his or her livelihood. Our New York City disability attorneys have represented many individuals in Manhattan who suffer from illnesses that affect their ability to work, such as:
- Mental Illnesses
- Gastrointestinal disorders
- Heart disease
- Spinal disorders
- Visual and auditory disorders
Individuals who fall into this category may be eligible to receive Social Security disability (SSDI) benefits. The SSDI program is a federal program administered by the Social Security Administration (SSA) that provides cash benefits to individuals who suffer from severe injuries or illnesses that will prevent them from working for at least 12 months. A “severe injury” is one from doing basic work-related tasks like sitting, standing, and walking.
To qualify, the individual must have been employed for a specified length of time and have paid taxes into the social security program — known as “work credits.” The SSA considers claimants disabled when:
- They cannot perform the work they did before their injury or illness
- They are unable to transition to other meaningful employment as a result of the injury or illness
- The injury or illness will last for at least 12 months or result in the claimant’s death.
The exact amount of benefits a claimant is eligible to receive under the program varies according to how much the claimant was making before the injury or illness. To calculate this, the SSA determines the claimant’s Average Indexed Monthly Earnings and then applies a mathematical formula to that amount to determine the amount of social security benefits the claimant will receive (up to certain program maximums).
Military service can take a severe toll on a veteran’s health, both physically and emotionally. Some of the most common service-related injuries and illnesses we see in returning veterans in New York City include:
- Shrapnel wounds
- Lost limbs
- Hearing loss
- Head injuries
- Post traumatic stress disorder
In exchange for putting their lives on the line for our safety, the Department of Veterans Affairs (VA) provides disability benefits for veterans whose injuries prevent them from working in the same capacity as they did before their service. Injured veterans may apply for disability benefits based on:
- Injuries or illnesses they sustained during their service
- Pre-existing illnesses that were made worse by their service
- Illnesses that related to their service that did not arise until after they ended their service
The VA determines the amount of disability benefits a claimant is eligible to receive based upon the percentage of their disability, which is measured on a scale from 10% to 100%. This is known as a “disability rating.” Generally, the more severe a claimant’s injury, the higher the disability rating, and, in turn, the more benefits the claimant may receive.
Contact Us at Our New York City Office for a Free Consultation
If you have suffered an injury or illness that prevents you from working, you may be entitled to disability benefits through one of the above programs. Although hiring a New York City disability attorney is not required, it can certainly help. To learn more about assistance available to you, please contact the attorneys at Turley, Redmond, Rosasco & Rosasco by using our online form or calling our New York City office at 877-693-2529.