New York Workers' Compensation Requirements

Do I Need to Look for Work if I Am Getting Workers' Compensation?

In short: Yes, you do.

Under the New York Workers' Compensation requirements, recipients of workers' comp benefits are required to demonstrate that they are looking for work within their restrictions. This requirement seems unfair to many injured New York workers, especially those who have suffered serious, debilitating injuries, but it is absolutely essential to comply with this requirement so as to not lose out on Workers' Compensation benefits.

Complicated Requirements ∙ Experienced Attorneys

Since our beginning as Silverman & Silverman in 1940, our Schenectady permanent partial disability attorneys have been focusing exclusively on helping injured workers. Serving clients in Albany, Schenectady, Troy, and the entire Capital District, the lawyers of Silverman, Silverman & Seligman, P.C., have developed a thorough understanding of the job-search requirements.

Although the job search requirement might seem unnecessary, if you do not comply, it is called "voluntary removal," and you will lose your benefits. Compliance with this rule, however, is not a simple matter. There are many Supreme Court Appellate Division cases that lay out the specifics of this requirement.

If you are receiving benefits, it is essential that you talk with an attorney about the job search requirement. The most common justification for denying continuing Workers' Compensation benefits is that the applicant has not demonstrated the effort required in looking for other work.

We can help you with:

• The actual job search: By definition, partial disability means that you are not totally disabled; you can still do some work. All New Yorkers receiving partial disability benefits need to search for work that is within their abilities.
• Demonstrating job search efforts: It is one thing to look for work, but you also have to properly demonstrate your job search efforts to the workers' comp insurance carriers. Missing filing deadlines or committing small clerical errors could lead to the loss of your benefits.

We will help you comply with all of the legal requirements for your job search so that you don't lose your Workers' Compensation benefits.

Contact Schenectady Permanent Partial Disability Attorneys ∙ Free Initial Consultations

We serve clients in all upstate Capital District counties. If you have experienced a work-related injury, you can talk with one of our experienced lawyers. Call 518-631-4521 or contact us online for a free initial consultation with a New York work injury compensation attorney.

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• 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.
Schenectady NY 12305
Phone: 518-631-4521
Toll Free: 877-851-4319
Fax: 518-374-4338