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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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Some Quick Suggestions For Dealing With the Courts System

Tuesday, April 30, 2013

1. Look sharp, try not to dress like a slob and be well groomed. 2. Treat everyone with respect. Don’t call anyone dude or lady. Sir and ma’am will do just fine. 3.  Tell the truth. Everything you say in court is recorded and could very well come back to bite you in the foot if you change your story. If that happens, there goes the foundation of your case. 4. If you don’t know the answer to a question, that is fine. Its always better to admit you are unsure or unaware than to just make something up. 5. […]

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Family Medical Leave Act (FML)

Monday, April 29, 2013

The Family Medical Leave Act (FML) was enacted in 1993. Any employer with 50 or more employees is subject to the act. Eligible employees must have worked for their employer for one year or over 1250 hours. The act allows for twelve weeks of leave in a twelve month period for the following reasons: -the birth of a child/to care for a child under one year of age – to care for a newly adopted or foster child within one year of the child’s placement -to care for a spouse, child or parent with a serious medical condition – any […]

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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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Veteran's Disability

Wednesday, April 10, 2013

Over 45% of the 1.6 million veterans from the Iraq and Afghanistan wars are currently seeking VA compensation for service connected injuries and disabilities. Returning veterans may be eligible to receive numerous benefits pertaining to injuries sustained while in the service. Disability Compensation is a tax-free monetary benefit that may be received by Veterans who have been disabled as a result of an injury or illness that has been caused by or aggravated as a result of military service. Post-service disabilities may also be covered should they be deemed related to military service. Those suffering from physical as well as […]

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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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Healthy New York

Thursday, March 28, 2013

The Healthy New York program was introduced as part of the Health Care Reform Act of 2000. Healthy New York provides need-based health insurance coverage for those who qualify. The program is overseen by the New York State Department of Financial Services and is subject to state law and regulation. All HMOs in New York are required by state law to offer Healthy NY. The program’s benefit package (along with state funding) provides more affordable health coverage including inpatient and outpatient hospital services, physician services, maternity care, preventive health services, diagnostic services and emergency services. Eligibility varies depending on if you are […]

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