What do I need to show to obtain Workers Compensation benefits?
In order to obtain compensation benefits you need to document that you were an employee, that an accident occurred during the course of your employment (or you developed an "occupational disease" during the course of your employment), that you gave notice to your employer within 30 days of the accident and that you filed your claim for benefits within two years of the date of the accident. There are some exceptions to these requirements which should be discussed with your attorney in detail.
If the administrative law judge directs the carrier to pay my medical bills and to pay me compensation benefits, and the carriers still objects, what happens?
If a carrier believes that there are grounds for an appeal they may file such an appeal within 30 days to the Workers Compensation board. Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.
Am I required by law to have an attorney?
No. But bear in mind that the insurance carrier is mandated by law to have an attorney or a licensed representative appear at every hearing. These attorneys and licensed representatives often have years of experience, have handled thousands of hearings and are well versed in representing the carrier's point of view. While there is no similar statute requiring the Claimant to be represented, we would highly recommend that they retain counsel. Silverman Law has decades of experience in representing Claimants.
The carrier argues that my condition was pre-existing. I don't think that it was but even so I never had these symptoms. What should I do?
This question of a pre-existing asymptomatic (unnoticed) condition which is made symptomatic by a work-related accident has been decided by both the Appellate Division of the Supreme Court of New York State and the New York State Court of Appeals.
Can I collect both Workers Compensation and the Social Security Disability benefits at the same time?
Yes. If you qualify you may indeed collect both Workers Compensation and Social Security Disability benefits. While Workers Compensation is not reduced because of Social Security Disability payments, your Social Security Disability payments may indeed be reduced because of your Workers Compensation benefits.
Silverman, Silverman & Seligman, P.C. 527 State St. SchenectadyNY12305 Phone: 518-631-4521
Toll Free: 877-851-4319
Silverman, Silverman & Seligman, P.C., is located in Schenectady and serves clients from Albany, Colonie, Guilderland, Cohoes, Watervliet, Glens Falls, South Glens Falls, Hudson, Troy, Queensbury, Saratoga Springs, Amsterdam, Gloversville, Johnstown, Cobleskill, Middleburgh and Menands as well as Schenectady County, Saratoga County, Albany County, Rensselaer County, Montgomery County, Fulton County, Schoharie County, Greene County, Columbia County and Warren County in upstate New York and the Capital District.