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Category: NY Workers Compensation Claims

Fraud

Friday, May 10, 2013

We’ve all heard those stereotypes about Worker’s Compensation Claims being a lot of bologna. People think of claimants wearing fake neck braces, getting hurt on purpose, hobbling into their hearing limping on one leg and walking out limping on another. It would be naive to say that this never happens, which is a real shame considering how many people legitimately deserve to receive benefits. In 2003, Lisa Cullen published an article about the extent to which people overestimate the prevalence of fraud in Worker’s Compensation. The full article can be viewed here on pbs.org. Once more, there are many instances […]

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Privacy

Monday, May 6, 2013

The confidentiality of any and all documents pertaining to your case are protected under Worker’s Compensation Law. Only certain parties(including employers, insurance companies and either sides’ lawyers) may access information pertinent to your claim without written consent or a court-order. Your claim may also be viewed by government agencies who are processing claims for benefits or investigating fraud. Health workers may also access certain parts of your claim as a means of determining their payment for any operations or procedures. These parties are prohibited from sharing any information contained in your personal documents. You may authorize another group or individual […]

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Finding Support

Friday, May 3, 2013

Becoming disabled is a stressful and oftentimes traumatic experience. In addition to dealing with all the legal red tape, there are many problems that may emerge with respect to a worker’s family and financial status. Fortunately Social Workers provide many services for people who are undergoing such hardships. Social Workers can help workers and families deal with many of the changes in their lives and if need be refer affordable and accessible agencies to deal with long-term conflicts. In non-controverted cases, Social Workers can even help claimants receive ample benefits. They may also be able to help explain the more […]

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Pain and Suffering

Thursday, May 2, 2013

Pain and Suffering is the legal term used to describe any sort of physical, emotional or mental distress which may include potentially limiting conditions such as depression or persistent aches. Generally people seek compensation for any loss of income that can be attributed to such a condition. But Worker’s Compensation is generally a “no fault system”. By receiving worker’s compensation, an employee gives up the right to receive damages due to pain and suffering. However, you may recover pain and suffering against a third party  

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Permanent Disability

Wednesday, May 1, 2013

Many different classifications of permanent disability are detailed under Worker’s Compensation law. These include Permanent Partial Disability, Permanent Total Disability and Total Industrial Disability. Permanent Partial Disability means that the worker is disabled for life, but not to the extent that they will never work again. People who are permanently, partially disabled are expected to find a job. They may no longer be entitled to benefits if they do not make an effort to find work or take a job that pays less. There are two kinds of Permanent Partial Disability, schedule loss of use and non-schedule. However, medical benefits […]

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Are You Eligible For Workman's Compensation?

Friday, April 26, 2013

The answer may surprise you. Under the following conditions you may not receive Worker’s Compensation benefits: 1. Your claim involves working for a non-profit and you are unpaid. It should be noted however, that if you receive a stipend, room and board or any other perks with a monetary value, the position may be considered a paid occupation. But any money that received on the part of the employee to be used as work expenses is not considered a stipend. 2. Any clergymen who perform religious ceremonies or duties. 3.  Anyone injured while playing on a non-profit amateur sports team. […]

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What You Need To Know About Receiving Cash Benefits

Thursday, April 25, 2013

If you are injured on the job, your employer should be paying for any necessary medical expenses. When it comes to the money you’d normally be making, that’s a little more complicated. While you may be receiving medical benefits after a work related accident, your not going to see a dime of the wages you’d normally have coming to you for the first seven days you are disabled. Once you’re out of work for eight days though, it’s a different story. At this point, you’re entitled to your regular pay AND once you’ve been out of work for fourteen days, […]

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Reporting Discrimination

Tuesday, April 9, 2013

Have you been fired or experienced some sort of unfair treatment after claiming or trying to claim Worker’s Compensation? If so, you should be aware that your employer is violating  The Americans With Disabilities Act of 1990. There is a penalty of $100 to $500 for each employee that is discriminated against. Form DC-120 must be filled out and sent to the nearest Worker’s Compensation Board District Office within two years of the alleged discrimination if you wish to report such incidents. Should the board rule in favor of the employee, the employer must restore them to their former position […]

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Getting Assistance With Your Claim

Monday, April 1, 2013

You may need assistance from the Worker’s Compensation Board after reporting an on-the-job injury .Form RFA-1W-Request for Assistance By Injured Worker is provided for this purpose. The form is generally not used for claims where the case is not accepted by the employer or carrier. If you are unsure as to whether or not the claim is being argued against, you can call the WCB at 1-877-632-4996. There are several reasons you may want to file form RFA-1W. Maybe you’ve been out of work for more than seven days and are not receiving any compensation. Perhaps you aren’t able to […]

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Appeals

Tuesday, March 26, 2013

To appeal a decision essentially means bringing a case to a higher court system after a Judge’s ruling. During a hearing before a Worker’s Compensation Law Judge, medical records, personal testimony and other evidence is reviewed and a decision is made as to whether or not the claimant is entitled to compensation or benefits. The Judge also decides what these include and for how long they may be received. However, this ruling need not be the final word on the matter if either the employer or the employee deems it unfair. Either party may appeal the decision within 30 days […]

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