Silverman, Silverman & Seligman, P.C.Silverman, Silverman & Seligman, P.C.2024-01-19T05:48:06Zhttps://www.thesilvermanfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1201774/2020/11/cropped-Favicon-32x32.pngOn Behalf of Silverman, Silverman & Seligman, P.C.https://www.thesilvermanfirm.com/?p=506312021-12-13T23:00:38Z2021-12-13T23:00:38ZThe injury occurred outside of work duties
New York’s workers’ compensation statute clearly establishes that injuries only qualify for coverage if they occur in the course of one’s work duties or arising out of the conditions of one’s employment. In other words, you must have been engaged in work duties at the time of your injury for it to qualify.
Insurance companies often disqualify injuries that they think occurred due to horseplay or fooling around on the part of employees, or while not strictly engaged in their work duties.
A missed deadline
The workers’ compensation claims process has many strict deadlines. The first deadline you will come up against after your injury is the requirement for informing your employer of your injury. If you do not properly disclose your injury within 30 days – or if you miss any other deadlines – the insurance company will have the justification they need to deny your claim.
Pre-existing conditions
Most of the time, a medical examination will clearly reveal that the source of an employee’s injury was their workplace accident. Occasionally, however, insurance companies will find a pre-existing condition in the employee’s medical history that they can blame the injury on, and that they can use as justification for denying the claim.
If you live in the Capital District or upstate New York, and you are thinking of filing for workers’ compensation, don’t hesitate to contact Silverman, Silverman and Seligman PC. We only get paid if we recover benefits for you, so you have nothing to lose. Call today to schedule your free consultation.]]>On Behalf of Silverman, Silverman & Seligman, P.C.https://www.thesilvermanfirm.com/?p=506302021-12-10T20:29:29Z2021-12-10T20:29:29ZHow often should we talk?
Basically, when you are in the midst of a workers' compensation claim, you should plan on talking to your attorney every few weeks or so until your claim is resolved. This keeps you in the loop about the progress of your case and what is in your New York State Workers' Compensation Board file. This can be especially important if your doctor has yet to file a medical report. Your lawyer will know what to do if your doctor has not taken care of this key piece of evidence yet, but in some cases, physicians respond better to direct requests from their patients.
And if you plan to testify at the hearing, you will need to prepare your testimony so that you know what questions to expect and what you say is clear, accurate and convincing. An experienced workers' comp attorney will have been through hundreds of these hearings, as well as prehearing conferences. They will work with you to make sure you go into the hearing feeling confident about what you are going to say.
Keep control of your case
It can be frustrating just to wait weeks or months for news whether you have gotten workers' compensation benefits or not. Regular communication with your lawyer can give you a clearer picture of what is happening and a feeling of control over your case.]]>On Behalf of Silverman, Silverman & Seligman, P.C.https://www.thesilvermanfirm.com/?p=505522021-10-04T15:02:36Z2021-10-04T15:02:36Zback injuries in many ways, but one of the most common sources of back problems is work. Whether you hurt your back in a sudden on-the-job accident or gradually over many years of physical strain, the disabling pain and physical limitations are the same. It might be months or years before you can go back to work -- if you ever can.
Four ways workers in Schenectady injure their backs
Soft tissue injuries, including sprains (stretched or torn ligaments) and strains (stretched or torn muscles)
Herniated discs in the spinal column
Degenerative conditions such as arthritis, spinal stenosis and degenerative disc disease
Fractures from a fall or due to osteoporosis
Some back injuries are relatively minor. Treatment can cure them, or at least make them manageable so that you can keep working. But often, work-related back injuries are so debilitating that you must stop working to help your recovery. As everyone knows, medical care can be very expensive, even if you have good health insurance.
Workers' compensation can help you pay those medical bills and keep your family financially stable during your recovery. But your employer may try to claim that you suffered your back injury outside of work or even accuse you of lying or exaggerating. Fortunately, if your workers' comp claim gets rejected, or the insurance company offers you far less than you need, you have the right to appeal in New York.]]>by Silverman, Silverman & Seligman, P.C.https://www.thesilvermanfirm.com/?p=505002021-07-14T21:28:56Z2021-07-13T21:49:08ZSSDI fund through taxes withheld from their pay can later claim the benefit due to a disability. Then there is the matter of proving that you have become disabled due to an injury, illness or condition to the point that you can no longer earn a livable income.
Are you working? Someone who is still able to work and earn more than $1,310 monthly is unlikely to qualify as disabled.
Is your disability severe? By "severe," SSA means a condition that "significantly limits" your ability to do basic work-related functions, such as standing, sitting, walking, concentrating or remembering. These limitations must have lasted for at least 12 months.
Is your condition on our list? SSA maintains a list of disabling conditions that qualify an applicant for benefits. The list is fairly long and the agency adds to it periodically. It includes things like certain cancers, respiratory disorders, musculoskeletal disorders, mental disorders and neurological disorders.
Getting approved can be a long process, but SSA uses its Compassionate Allowances program to expedite consideration for people whose conditions are likely to cause their deaths fairly soon. They also use computer screening to identify applications that are most likely to be approved.]]>On Behalf of Silverman, Silverman & Seligman, P.C.https://www.thesilvermanfirm.com/?p=504622021-03-24T21:10:51Z2021-03-22T19:49:40ZIf you receive Social Security Disability Insurance because of a limited ability to work, you may still hold a job depending on certain factors. If an injury occurs at that job, collecting workers' compensation benefits could affect your SSDI payments.Review this information if you have experienced a work injury or work-related illness while receiving SSDI.
Benefit limit
According to the Social Security Administration, the total amount of your SSDI benefits and workers' comp benefits must equal less than 80% of your average wages before you began receiving SSDI. In the case of an excess, the SSA will reduce your benefit payment accordingly.This limit also applies to other public benefits you receive, except for Supplemental Security Income and benefits from the Veterans Administration. It also does not apply to municipal or state benefits if the SSA deducted taxes. You should get in touch with the agency if you are unsure.
Example scenario
You can understand how this works with this sample scenario using basic numbers:
You earned $1000 a month before becoming disabled.
You get hurt at your job and receive workers' compensation benefits of $400 a month.
You now receive $1200 per month in benefits. The SSA would deduct $400 a month from your payments to reach $800 (80% of $1000).You must notify the SSDI if you file a workers' compensation claim or receive other public benefits. You should also provide notice when benefits stop. Either situation may affect your SSDI amount.]]>On Behalf of Silverman, Silverman & Seligman, P.C.https://www.thesilvermanfirm.com/?p=504552021-03-18T19:20:05Z2021-03-18T19:20:05Z'In the line of duty' examples
Both groups of volunteer first responders are entitled to cash benefits and/or medical care under two similar laws called the Volunteer Firefighter Benefits Law and the Volunteer Ambulance Worker Benefits Law. An "in the line of duty" injury covers a broad range of situations, including:
Performance of duties at the fire or ambulance facility or elsewhere that is directly related to the prevention of accidents or other disasters, or the delivery of emergency services
Participation in or attendance of authorized drills, parades, inspections, funerals or reviews
Participation in a contest, tournament or public exhibition to demonstrate promote the efficacy of the department or unit, or practice related to such an event
Providing or receiving instruction in duties, as well as attendance at a training course or program
These are just a few examples of contexts in which an injury to a volunteer firefighter or EMT could be compensable. Examples of situations that are not in the line of duty, and thus where a volunteer would not be eligible for workers' compensation, include:
Recreational or social activities other than noncompetitive fundraising activities
Work rendered in the service of a private employer, public corporation and special district
Work rendered while the volunteer is suspended from duty or on a leave of absence
Work rendered that the volunteer was ordered not to perform
Competitive events like sports or music contests
Just because you do not get paid for your work as a first responder does not mean you must pay your own medical bills after a work-related injury. Contact a workers' compensation attorney for more information.]]>On Behalf of Silverman, Silverman & Seligman, P.C.https://www.thesilvermanfirm.com/?p=487152020-12-17T02:27:21Z2020-12-17T02:27:21ZIf you cannot work for at least 12 months because of a mental or physical disability, you may be able to receive Social Security Disability Insurance benefits. You must meet both the medical and work history qualifications to be eligible for SSDI.Review the SSDI requirements to learn whether this program can help you.
Medical eligibility
The Social Security Administration will look at medical documentation of your illness or injury. You must show that you can no longer do the work you once did and cannot adapt to a new form of employment because of a long-term disability. To learn more about the specific eligibility factors for your disability, you can review the SSA Listing of Impairments.
Work-based eligibility
Most people need about 20 work credits in the past decade and 40 work credits overall to qualify for SSDI. The SSA will review your work history to award up to four credits each year. For example, you earned an SSA work credit for every $1,410 you earned in 2020, which will increase to $1,470 in 2021. If you became disabled before accruing enough work credits, you may be able to qualify with fewer than 40 credits depending on your age. If you earned more than $1,270 a month in 2020, the agency will not consider you disabled.The SSA can deny your application for either work history or medical reasons. Providing comprehensive documentation of both your disability and your employment history can improve your chances of approval for benefits. You also have the right to appeal an SSDI denial.]]>On Behalf of Silverman, Silverman & Seligman, P.C.https://www.thesilvermanfirm.com/?p=500302021-11-08T19:03:14Z2020-12-03T14:00:23ZReport injury, seek immediate treatment
Here are a few things that may hinder you in your efforts to secure workers’ compensation benefits:
Not immediately reporting your injury. You must do so in a timely fashion, otherwise, it may appear to your employer or doctor that you sustained the injury away from work.
Neglecting to seek medical treatment as soon as possible. If you are injured, see a doctor right away. If you do not, your employer’s insurance company may attribute the injury to something not related to work.
Providing initial statements via telephone to your employer’s insurance carrier. It is not looking out for your interests, but rather the interests of your employer. Insurance companies often collude with employers in order to deny workers’ compensation benefits. Be careful.
Providing a poor medical history to your doctor. Your personal habits and medical history can affect your ability to secure workers’ compensation benefits. Smoking and being overweight contribute to ailments such as heart disease and respiratory ailments. A poor medical history and personal bad habits can obscure the line between your job and your ailment.
Failing to apply and seek workers’ compensation benefits. Surprisingly, this does occur. Do not miss out on something that is within your right as a worker.
Returning to work too soon. Your ailment may not have healed. If you return to work too soon, you could aggravate the injury.
By avoiding mistakes, you improve your chances of receiving workers’ compensation in a timely fashion. Do not hesitate to file, report your injury and seek immediate medical attention.]]>On Behalf of Silverman, Silverman & Seligman, P.C.https://www.thesilvermanfirm.com/?p=487062021-11-08T19:02:20Z2020-09-16T05:34:05ZUnderstanding limits for filing claims
According to New York’s Workers’ Compensation Board, you should receive the same benefits for a work-related illness as you would for a work-related injury. However, you must not waste time in making your claim.
To file a claim for work-related illness, you must do so by the later of two dates. You have either two years to do so from the date you experienced your disability, or two years to do so from the date you knew your disability was a direct result of your work environment.
Assessing your right to benefits
You may be able to find success in filing a workers’ compensation claim even if your occupational disease did not result in you missing work and losing income. Typically, when determining whether you have a right to workers' compensation benefits, the date of your official disablement is up to a workers’ compensation law judge.]]>On Behalf of Silverman, Silverman & Seligman, P.C.https://www.thesilvermanfirm.com/?p=486822020-11-12T10:29:36Z2020-07-03T01:30:49ZWhat may affect a minor’s workers’ compensation claim
The specific requirements related to employment of minors can vary by occupation, age and other factors. However, the restrictions may include the number of hours per week, time of day and types of tasks employers can hire minors to work.
Except under certain circumstances, employers cannot hire minors for some occupations, such as working in construction and demolition; with heavy machinery, such as using circular saws or adjusting belts; or in slaughtering, packing and rendering facilities. If an employer has not met legal requirements for exceptions to the rules, it may be employing the minor unlawfully.
How workers’ compensation may change for a minor
If your child endured a severe injury during a task at work, he or she may be able to pursue a workers’ compensation claim. Additionally, though, if the judge finds that the minor’s employment was unlawful according to New York’s child labor laws, workers’ compensation may double.
That said, determining the facts involved is paramount because workers’ compensation law is complex. Seeking the right representation is critical for protecting your child’s rights after an on-the-job injury. Silverman, Silverman & Seligman, P.C. fights diligently for workers’ rights in the Capital District and upstate New York, only receiving payment if clients win benefits. Call today to schedule a consultation and understand what options your child has.]]>