Workers compensation is sometimes referred to as the poor man’s retirement fund, by certain politicians. Some believe that WORKERS COMPENSATION PERMANENT DISABILITY AWARD recipients take advantage of a claim and dip in as many pots as they can, included in this is social security disability as well. It is alarmingly ignorant to think that. Workers compensation is not now or has it ever been created as a retirement possibility. It was created simply as an insurance policy to pay out when there is a legitimate claim made. To discern this, a retirement fund was created when a person works until they get to an age that they can retire and then choose to do so. Injured workers do not have that option, they no longer have the ability to improve their financial status or work a second job if they need or choose to do so. It is a fact that 80 % of them go through the system without a question. Those are the minor ones. In New York Workers Compensation, there is a less than 10% WORKERS COMPENSATION PERMANENT DISABILITY AWARD ratio and in other states an even

lower rate. In fact, most of these cases are injuries that occurred prior to April 1, 2007, as at that time the New York Workers Compensation Law was changed. For a more thorough explanation of this, consult a Queens Workers Compensation attorney . These projections are not real numbers as more than half of all compensation cases have a prognosis that would allow for a person to go back to work. Only the certain few who are on WORKERS COMPENSATION payments get permanent funds. Workers compensation was set up for what it is being used for largely. It is created to pay an injured workers medical indemnity for temporary injuries. Insurers pay out much less than

they would if a person were injured in another capacity other than as an employee and the most hilarious part is that most people do not sue as customers when they get hurt. Under the New York Workers compensation law, you cannot sue your boss, only collect workers compensation benefits. When injured workers are classified as a

WORKERS COMPENSATION PERMANENT DISABILITY AWARD they cannot work. It’s not a choice most people would make. They can’t contribute to anything including a social security fund. They and their family who were injured through their employer lose their medical benefits and have to pay premiums if they can afford it. Premiums come from the injured workers’ salary and are figured into the average weekly wage in most cases, and those do not include the amount of the discount an employer gets based on the number of employees. A policy outside of work is not the norm, and most injured workers that are WORKERS COMPENSATION PERMANENT DISABILITY AWARD cannot even get themselves insured in some cases unless they are under one of the state or federal programs. Also most insurers will not cover them because they are WORKERS COMPENSATION PERMANENT DISABILITY AWARD. There are a lot of misnomers hanging around out there. But one thing is for certain is that a Queens workers compensation attorney can help their clients understand issues pertaining to permanent workers compensation benefits.

Did you know that workers compensation injury will work with a claim and a personal injury action? The workers compensationinsurer will place a lien on a file, and it means basically that they have registered a claim to be reimbursed out of the proceeds of the personal injury litigation for expenditures that they made on behalf of the worker. This process, is called subrogation. Workers compensation laws are different from state to state, so if you have questions check with a local Queens comp lawyers to figure this out. Workerscompensationcarriers know that there are times that a lien will be huge and create a disincentive to litigate. That doesn’t mean that if there is a lien that will exceed the total amount a plaintiffis likely to receive as the result of a lawsuit, the plaintiff can choose not to litigate. The workers compensation carriersare generally expected to pay for its share of the litigation in return for receive a share of the recovery. As a result the carrier will work with the plaintiff’s Queens Workers compensation attorney in the amount of the lien. More often than not they will agree to resolve the lien for

an amountthat is less, and substantially so in the favor of the claim’s value. Whenever a workers compensation issuer attempts to place a lien on a personal injury the Queens workers compensation attorney attempts to negotiate a somewhat lower figure. In some states liens are not allowed. But in those where it is they permit the workerscompensation to recoverexpenditures made toward

the inured workers medical care and lost wages. If you have any concerns of questions then we advise you to contact a Queens workers compensation lawyer to see if this is the case with your personal claims as well. Remember, workerscompensation was created to make it easier for you to survive if you every get hurt at work. If you are unsure what this entails, then again you need to get in touch with a Queens workers compensation attorney.

Workers compensation in most states will limit a worker’s disability or claim for work related injures. In most circumstances like when the employer actually tries to hurt a worker, the remittance is through the workerscompensation system. Most workerscompensationlaws bar actions against co-employees that are in effect responsible for the accident. There are circumstances where personal inured action is possible. For instance, sometimes an employee will be hurt while they are on the site of another business or buy something that is not an employee. In those circumstances, the workers can bring an injury claim against the third party defendant. Personal injury claims nay be filed when workers compensation laws don’t protect a personal injury suit. There are times when the injured worker may be able o bring n action against a third party defendant. A personal injury claim may be filed when workers compensation laws don’t prohibit a suit. See why you need a Queens workers compensation attorney? Just as before, this situation is when a workers is injured in the negligence of a

person that is not an employer or a co employee. Workers compensation does not stop a lawsuit for injuries that were caused by an employer on purpose. However, that doesn’t happen often. The remedy for workerscompensation law only applies when the employer is going to carry the workers compensation insurance coverage that is required by state law. If an employer chooses not to obtain the coverage, or opts out of the system then there is not protection. In a few cases, the workers can opt out of workers compensation andhas the right to choose between pursuing a claim for benefits under the system. It can be tricky to understand if an injury was started by a third party, and some states have a set of rules that can classify employment in a messy jumbled. It is always advisable to work with a local Queens workers compensation lawyer. We would love to have a talk with you if you have any workers compensation questions.

Workers Compensation can be tricky to navigate alone. There are more loopholes, and tricksters involved here than most other situations. If there are questions on your mind, or if you are afraid to take that step then consider working with a Queens workers compensation attorney. If for any reason the statute of limitations is expired, you may still be entitled to Social Security Disability. A Queens Social Security Disability lawyer can help.

Workers compensation is also known by many names likeWorkers comp and others. Its name given to laws that are created to protect injured workers. In fact it was created to replace wages, and help with

rehabilitation and retraining if necessary. When workers are killed on the job, it also will help a family to be supported. Injured workers will always benefit from a Queens Comp lawyers advice because a Queens attorney can advise them in protecting their benefits and defending them against any premature termination of benefits. If you are looking for someone to defend you in a workers compensation claim then consider a local Queens workers compensation lawyer. There are also compensations available for specific injuries and disease. The Jones Act gives seamen the ability to seek more benefits that ae called maintenance and cure, which occurs when they ate hurts as a result of negligence on a US vessel. Also the Federal Employment Liability Act is when railroads engaged in interstate commerce are liable in addition from railroadnegligence. The longshore and harbors workers compensation act gives benefits to employees of private maritime workers and the Black Lungbenefits act gives compensationto miners that have blacklung. Its true most workers are not hurt for a long time. But, many recover quickly and some fail to report the workers compensation case to their employer. Workers do benefit from consulting with layers. Especially a Queens’s workers comp lawyer. If your employer sends you to a doctor that says you are able to return to work even though you think you are not, or if they try to get you to return to work to do a spherical job that is created to make your injury easier you should speak to a Queens comp lawyer right away. The typical injured employee does not know the law,

and is more aware. However on the flip side, the employer is more than versed on workers compensation claims

and laws. The injured workers who return to work in a position that was specially created for them will find themselves laid off weeks later. A Queens compensation attorney can help you protect your rights when a doctor that is hired by an employer tries to stop treatments that are needed in order to keep a good relationship with an employer.

With the end of school, the weather is getting warmer and seasonal work is beginning around the country. Recently, Restaurant News stated that the construction industry is the nation’s largest creator of summer jobs. Falling second is the restaurant industry which is the nation’s second largest source of summer employment.

Construction Is Dangerous Did you know that 19.3 percent of fatalities on-the-job in 2012 came from construction? According to the Occupational Safety and Health Administration research, there were 806 deaths in the field construction workers nationwide out of 4,175 total fatalities. The risk of death also increases in the summer time because of these projects and renovations.

Restaurant Industry Business Spikes and So Does Summer Injuries Unfortunately, the restaurant industry can also be a dangerous place during the summer months, especially when inexperienced

workers take jobs. This is where specialized lawyers who are versed in workers compensation should be consulted. We offer information on: • Preventing fatalities due to the “Fatal Four” construction injuries • Preventing deaths and injuries within the restaurant industry • Preventing teen injuries on-the-job If employers practice safety, workers can enjoy a relatively easy summer. Recently, Ohio State University provided information on preventing workplace injuries during summer jobs.The “Hierarchy of Control” is the system coined by researchers there. This system identifies five levels of controlling hazards. It begins with the most effective way to reduce workplace injuries. This includes: • Elimination: Removing the hazard completely from the workplace. In some cases, it is possible to entirely remove dangerous conditions or risk factors. • Substitution: Using a safer alternative material, piece of equipment or tool. For example, old and faulty equipment is dangerous and an unnecessary hazard. It could be removed

from the worksite and replaced with new equipment with modern safety features. • Engineering controls: Adapting equipment and tools to make them safer and reduce the risk of use. Using machine guards and ground fault circuit interrupters would be an example of engineering controls. • Administrative controls: Enhancing the training that employees receive; altering work practices to make them safer; or standardizing the procedures used in the workplace. • Personal protective equipment (PPE). This includes the use of hard hats, safety goggles, fall protection systems and other equipment. As you can see from the list, personal protective equipment, proper training, and more will prevent unnecessary hazards from occurring while business is booming. Using this control system is mutually beneficial to both employers and their staff. Summer’s are hot and tough enough without having to worry about workers compensation. This summer 2014 practice workplace safety.  

The Variance Process as put forth in the 2010 and 2012 New York Workers’ Compensation Board Medical Treatment Guidelines do not address the realities facing the Injured Workers’ of New York. Of course, if you get hurt at work in NYC you should consult a Bronx Workers Compensation lawyer, a

Queens Workers Compensation Lawyer, a New York Workers Compensation lawyer, Staten Island Workers Compensation Lawyer or a Brooklyn Workers Compensation lawyer, or if on Long Island, a Long Island Workers Compensation lawyer. If you consult an attorney at Harris Ugalde & Rzonca, LLP, you can speak to a lawyer about this in either our Queens, Brooklyn or Bronx office. For injuries to the knees, shoulders, back and neck, medical treatment is authorized post-accident per the 2012 Medical Treatment Guidelines. The Workers’ Compensation Law dictates the care given to injured workers.

According to the Guidelines, (1) Medical care for workers’ compensation injuries to the neck, low back, mid back, shoulder, and knee must be provided in a manner “consistent with the MTG.” This is the standard for doctors and health care providers to follow. (2) “Consistent with the MTG” means that care is provided within the criteria and based upon a correct application of the MTG. What is “within the criteria” and “a correct application” is left open for the WCB’s WC Judges to interpret. While this may seem open-ended the general consensus from the Board and our experience in going to hearings is that the injured worker is given 3 months of accident treatment such as physical therapy and chiropractic care. Anything beyond these three months are generally not considered approved by the guidelines. If the claimant undergoes surgery to the knee, shoulder, back and neck, then again the general consensus is the claimant is entitled to treatment for 3 months post-surgical. Again anything beyond these three months are generally not considered approved by the guidelines. A person however, is not a guideline but a living thing. People heal on their own time in many instances. What, however, does an injured worker do, when he or she is in need of continued treatment beyond these 3 months. To attempt to deal with this eventuality, the Board has implemented the Variance Process. The Variance Process states that the treating provider must file a form called an MG-1 for one procedure or modality, or an MG-2 for multiple procedures or modalities, for any treatment outside the guidelines that they feel is necessary. The carrier is therefore placed in an advantageous position by this process. Basically, it means that all care rendered is deemed to be unauthorized until an action by the medical provider. Therefore, the burden is on the medical provider to meet the guidelines for a Variance in order to treat the claimant. Per the Workers Compensation Law, the medical provider requesting the variance has the burden of proof to show that the treatment requested is appropriate and medically necessary for the claimant. N.Y.C.R.R. Section 324.3(a)(2). The attending doctor requesting the variance must provide:

• the basis for the opinion that the specified treatment or test is appropriate and is medically necessary;
• a statement that the claimant agrees to the proposed medical care;
• an explanation why alternatives contained within the Guidelines are not appropriate or sufficient; and
• any signs or symptoms which failed to improve with treatment provided in accordance with the Guidelines; or
• the objective improvements made by particular treatment and the expected improvements with more of the same treatment. See N.Y.C.R.R. 324.3(a)(3).

On the surface, it may seem not that difficult to obtain treatment as long as the Variance Procedure is followed. However, in practice, at the Hearings we attend for Queens Workers Compensation, Bronx Workers Compensation or Brooklyn workers compensation injured workers’ it is nearly impossible to meet the criteria of the Variance Process. Unfortunately, the realities of running a efficient Medical office act as barriers to complying with the Variance process. On each visit, the medical provider must take time out of his or her schedule to create a medical necessity letter that details exactly why the claimant’s treatment is medically necessary. Often this a tedious process which is left to the carrier to decide whether the procedure is medically necessary. In order to not pay extra for care for the claimant, the carrier has a strong impetus to deny all statements of medical necessity pending a decision by the board. If this requirement is somehow overcome, the medical provider must then consult with the claimant to see if the claimant agrees to the proposed medical treatment. Oftentimes, when you

are hurt at work nyc, the injured person may not understand why the treatment is being requested. Therefore there may be a delay in obtaining the very necessary treatment being requested. With regard to alternatives to the treatment being renders may fail, there are only so many treatments to be considered for injuries to a person’s neck, back, shoulders and knees. Therefore suggesting alternatives to the tried and true methods of physical therapy

and chiropractic manipulation would likely prove difficult for a sprain and strain of a back or neck. With regard to the objective gains the injured worker expects to make by the proposed treatment, we argue that this again does not take into account the struggles of the injured worker. Sometimes, a person is simply in pain and needs care to deal with this pain. A person with a serious sprain and strain with positive diagnostic tests may be working with pain in order to put food on his or her table and continue to work. We argue that the Variance Process does not adequately address the realities of the injured worker and need serious revision in order to provide more effective treatment for the injured people of New York. It is always a good idea to

consult a Bronx Workers Compensation attorney, a Queens Workers Compensation attorney, a New York Workers Compensation attorney, Staten Island Workers Compensation attorney or a Brooklyn Workers Compensation attorney, or if on Long Island, a Long Island Workers Compensation attorney. If you speak Polish, we have a Polish Workers Compensation attorney. If you speak Spanish, we have a Spanish workers compensation attorney. If you speak Russian, we have a Russian speaking workers compensation attorney.

• Medical improvement expected – if your condition is expected to improve within a specific time, your first review will be six to18 months after you started getting disability benefits.
• Improvement possible – if improvement in your medical condition is possible, your case will be reviewed about every three years.
• Improvement not expected – if your medical condition is unlikely to improve, your case will be reviewed only about once every five to seven years. This is most common if you are over 55.

If the SSA comes to the conclusion that your condition has improved to the point where you can return to work, you will be notified that your benefit payments will stop. You will be given the chance to appeal the decision and request that your claim be re-heard in front of an Administrative Law Judge (ALJ). You can also ask that your benefits be continued until your hearing. However, if the ALJ agrees with the CDR, you will have to repay these benefits. If you have additional questions about whether or not you are eligible for Social Security Disability benefits you should consult a Bronx Social Security Disability lawyer, a Queens Social Security Disability lawyer, a New York Social Security Disability lawyer, a Staten Island Social Security Disability lawyer, a Brooklyn Social Security Disability lawyer, or if on Long Island, a Long Island Social Security Disability lawyer.

When the time comes to contemplate disability there is often confusion regarding which benefits to apply for or which benefits you are entitled to obtain. There is frequently a misunderstanding about Social Security Disability Benefits (SSD) and Supplemental Security Income (SSI) because they are both administered by the Social Security Administration. It is important to note that the programs are different and understand which benefits you are entitled to receive. Only individuals who have a disability and meet medical criteria may qualify for benefits under either program but they differ in eligibility, payment and medical coverage. Since the Social Security laws are complicated and constantly changing, it is a good idea to consult a Bronx Social Security Disability attorney, a Queens Social Security Disability attorney, a New York Social Security Disability attorney, Staten Island Social Security Disability attorney or a Brooklyn Social Security Disability attorney, or if on Long Island, a Long Island Social Security Disability attorney. If you speak Polish, we have a Polish Social Security Disability attorney. If you speak Spanish, we have a Spanish Social Security Disability attorney. If you speak Russian, we have a Russian speaking Social Security Disability attorney For both programs a person must be found disabled. The term disabled for these

purposes means having a condition that results in

the inability to do any substantial gainful activity; and can be expected to result in death; or has lasted or can be expected to last for a continuous period of not less than twelve months. In order to be eligible for SSD you must be a disabled or blind individual and must have paid social security taxes to become insured for benefits. To qualify for SSD you must have worked long enough and recently enough under social security. It is a requirement that you have enough credits to apply for SSD. Social security work credits are based on your total yearly wages or self-employment income. An SSD attorney can help. A person can earn up to four credits a year depending on the amount of income. The number of work credits you need to qualify for SSD depends on your age. Generally, a person will need forty credits to apply for SSD. However, a younger individual may require fewer credits to be eligible for SSD. In order to be eligible for SSI you must be a disabled or blind adult or child that has limited income and limited resources. SSI pays benefits based on financial needs. Income includes money you earned from work, money you receive from other sources and free food or shelter. Resources are things you own for example: cash, bank accounts, stocks, land, vehicles, property, life insurance or anything else you own that could be converted into cash. To qualify a person must have little or no income and few resources. The amount of benefits that a person will receive will be different if they receive Social Security Disability or Supplemental Security Income. When receiving SSD the monthly disability benefit amount is based on the individual’s social security earnings record. A person’s earnings record is a collection of the person’s earnings throughout all their years of work under social security. Benefit amount will be based on a person’s average lifetime earnings. Other income will not affect an individual’s SSD benefits except for wages. When entitled to receive SSI, the monthly payment is based on need and varies up to the maximum federal

benefit rate. Benefit amount is based on federal and state laws. Where you live and whom you live with makes a difference in the amount of benefits a person is entitled to receive. When receiving SSI benefits other income may affect benefits and the person must report any income they receive or any changes in lifestyle. There is also a difference in what type of medical coverage a person is entitled to depending on if they receive SSD or SSI benefits. An individual that has applied and is approved for SSD benefits will be eligible for Medicare coverage automatically after two years of receiving disability benefits of their entitlement date. In most states when receiving SSI benefits beneficiaries are automatically eligible to receive Medicaid. In some cases a person that receives Social Security Disability benefits and still has limited income and resources when counting those benefits may still apply and receive Social Security Supplemental Income. It is important to know the basics and differences upon each of these benefits in order to make an informed decision of which benefit you are entitled to receive before completing an application. If you have additional questions about whether or not you are eligible for Workers’ Compensation benefits you should consult a Bronx Social Security Disability lawyer, a Queens Social Security Disability lawyer, a New York Social Security Disability lawyer, a Staten Island Social Security Disability lawyer, a Brooklyn Social Security Disability lawyer, or if on Long Island, a Long Island Social Security Disability lawyer. Written by: Charlotte M. Sardiña Iglesias, J.D

This firm was founded to protect the rights of people injured at work and to defend the disabled. This is the heart of the firm’s practice. As we have grown to one of the largest firms in New York handling Workers Compensation and Social Security Disability we have not forgot about what has made our firm sucessful– giving each client the personal attention they deserve. Experience, knowledge and trust solidify our reputation. We appear daily at the Worker’s Compensation Board and have a reputation for fighting aggressively for our clients and obtaining every last cent. As a result, we constantly obtain favorable decisions. Each year, our attorneys represent thousands of clients before the Workers Compensation Board and Social Security Administration to obtain maximum benefits for our clients. Judges know us and insurance carriers know us. Our firm has the advantage of an established Workers Compensation and Social Security benefits department working side by side. This benefit is immeasurable since many people as a result of on the job accidents are unable to ever return to work. By helping our clients apply for Social Security Disability, we are able to obtain additional income for our clients that will supplement the difference between their Worker’s Compensation check and what they were earning before their accident. In addition, we provide free legal counseling from our of counsel

personal injury attorneys who are available to answer all questions regarding possible third party actions. Many times, you can have a personal injury case in addition to a Worker’s Compensation claim out of the same accident. Many times our experts are able to discover potential law suits that other attorneys failed to realize. This is important, as some statute of limitations are as short as 90 days for filing a claim! Clients and attorneys recommend us with confidence, knowing their friends and family will receive the best legal representation. In fact, our number one referral source are our thousands of satisfied clients. Our professional, and courteous staff is always accessible by phone and email. We speak Spanish, Russian, Polish, Chinese, Bengali, Hindi & Greek and give free consultations and meet with clients in either of our three fully staffed offices conveniently located in Queens, Brooklyn and The Bronx. For clients unable to travel due to their injuries, an attorney will come to meet you at your home or hospital. Be careful– many attorneys advertise that they handle Worker’s Compensation cases. However, many will sign your case and then refer

it to another attorney to handle. Before signing with any attorney, ask if they will be personally representing you. We personally represent every client that we retain and we will always be there for you every step of the way. If you require a Queens Workers Compensation attorney, please come to our Queens

office in Rego Park. If you need a Bronx Workers Compensation attorney, please come to our office in the Bronx, which is right next to all the courts and 2 blocks from Yankee Stadium. If you wish to consult with a Brooklyn Workers Compensation attorney, please come to our Brooklyn office conveniently located in downtown Brooklyn.