Recent content by TheInsider

In NY, they must mail the check 10 days after the decision is formally filed by the Board,usually with a few days after the hearing settlement. Otherwise, a 20% penalty is added. Call your board/agency/bureau and ask them if you do not have an attorney who should know the answer.

(1) Write down on a sheet of paper as detailed an description of the accident as possible and, if you can, take a few photos of the area where you tripped. Write down the date and time and every witness you remember. THEN (2) Report it to your employer (3) Call whatever is the agency/bureau in...

Sorry I did not see your post before your hearing. Let me know what happened. In the future you can contact me directly at my e-mail address (I assume this network allows me to offer it): ThenInsider@InsideWorkersCompNY.com And I am not an attorney and, by the way, I am not a law...

I a normally not this blunt BUT.. Whoever told you this is an idiot. Or they used shorthand, thus not giving you a complete answer. You can work in whatever field you want and earn as much money as you can. But once you have the job you must inform your insurance company, and send a copy of...

In NY, fees are paid out of the compensation award (not medical). If you get an award, a fee is calculated, then and only then does the issue of how many attorneys are there becomes a factor. The law judge then determines how to divvy up the fee. In this way, your fee does not change if it is...

If you think you are confused, imagine having a staff of sixty writers drafting decisions for you on this type of issues and getting six different opinions on the same issue. I lived with that for 12 years at the Board. Now to your question: If you were injured in NY, you always have the...

The State Insurance Fund (SIF) is NOT an arm of the Workers Comp Board. It is an insurance company managed by the State of New York which is the insurer of last resort: it insures firms who can not get WC insurance through the private sector so it has a lot of new and small businesses as...

I do not want to appear to be cynical but your are placing a stress claim which means that you are suffering from certain diagnosable psychological conditions. In order for the insurance company to fight your claim, they have to be sure that you did not have this same condition in the past...

If you have a compensation attorney or union, check with them. Otherwise check with a tax accountant, not an H&R Block type as they most likely do not have enough experience with these issues. First of all, if you are getting more than the comp rate, there would be a tax question as to...

My specialty is New York State. But in New York, I would tell you that you may be dealing with two separate issues: workers comp law and employment law. In New York they are unrelated in terms of the court/agencies in which the issues are decided.. If your husband has an injury/injuries...

You can keep your job and still get comp Workers comp is designed to make up for any lost earnings you may have had due to an injury; it is not designed to prohibit you from working. In fact it is designed to encourage you to go back to work. Specifically, in New York, if you go to back to...

Since the system is a no-fault system, in exchange for not having to prove who is at fault, the legislation was designed to eliminate ‘pain and suffering’. However, even if you do not loose time from work, you cold have what is called a Scheduled Loss of Use (SLU). In layman’s terms, this...

All the comments are correct but they are not complete. It is correct that a work-related injury can not prevent you from being fired but if they fired some of your department and not all and you HONESTLY think you were singled out because you had an injury, then you MAY have a claim. But if you...

File a claim in Arizona as I assume that is also where you work. If you do not work in Arizona, file a claim in the state where you work. If you do not know how to file a claim, contact the state office for workers compensation and they will give you the appropriate forms.

You have to explain what ‘close my case’ means. In some cases it could mean that there is no further controversy but should new issues arise, i.e. future claims for lost time or medical care, the case could be re-opened. Or it could mean the case is closed forever once you agree to a...