Schenectady Workers' Compensation Payment Lawyers

Disability Benefits Attorneys in New York

If you have been awarded Workers' Compensation benefits, you probably thought your struggles with the system were over. However, many people encounter difficulties when they are supposed to be receiving payments. Sometimes payments are delayed. Sometimes the amount is incorrect.

Silverman Law understands that this is frustrating. You are counting on these payments to support yourself and your family while you are injured. Our experienced lawyers can help you resolve your Workers' Compensation problems. We have assisted thousands of clients with these issues. Please call our office at 518-631-4521 to schedule an appointment. Your consultation is free.

Trouble Getting Your Benefits?

With recent changes to New York Workers' Comp law, it is no surprise that many people are confused about their benefits. Some of the concerns and questions people often have about Workers' Compensation payments are:

• My doctor says I'm totally disabled, but I'm not getting total benefits.
• How is the rate calculated?
• How often are payments made?
• How much will I get? Can it be changed?
• My compensation is taking too long to receive.
• The carrier has accepted my case, but is not paying me or not paying the agreed upon amount.
• My compensation is supposed to come every two weeks, but they are often late.

No matter what your question is, we'll help you figure out what is wrong and then fix the problem. Don't feel like you should know the answers — Workers' Comp is a very complex process. We are happy to help you with any questions you may have, including whether you should seek a lump sum settlement.

For a free consultation with a Capital District Workers' Compensation payment attorney, please call 518-631-4521 or contact us online.

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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