Legalese Defined: Personal Injury- Complaint
The complaint is the legal pleading that starts a lawsuit. The complaint briefly states who the plaintiff and defendant are; what happened; and what legal claims are being made. The rest of the lawsuit will be based on the claims made in this document.
What happens if I get fired while on workers’ compensation benefits?
In New York it is illegal for your employer to fire you in retaliation for filing a workers’ compensation claim. That means that your employer can’t fire you simply because you filed a claim. However, that doesn’t mean that you can’t be fired while you have an open workers’ compensation file. Sometimes, employers are forced… Read More
Legalese Defined: Workers Compensation – No Compensable Lost Time (NCLT)
In workers’ compensation cases, No Compensable Lost Time (or NCLT) means that you have not lost any time beyond the statutory waiting period (the first seven days of any disability) as a result of your work related injury. This can occur either when you are: a) back to work b) out of work due to… Read More
Legalese Defined: Workers Compensation – Permanent Partial Disability (PPD)
In workers’ compensation cases, a permanent partial disability is a disability which is a) permanent in nature and b) not totally, 100% disabling such that you could get some kind of job, even if it isn’t the work you were doing before you were injured. For instance, if you injure your neck or back on… Read More
Legalese Defined: Workers Compensation – Maximum Medical Improvement (MMI)
In workers’ compensation cases, maximum medical improvement (or MMI) is the point at which, in your physician’s opinion, your injuries have improved as much as they are likely to and no further change in your condition is expected. When your physician finds that you have reached maximum medical improvement he or she will usually also… Read More
What Does It Mean To “Settle” A Workers’ Compensation Case?
A settlement is a private agreement between two parties in a legal action where one party agrees to end the legal proceedings in exchange for something, usually money. In the Workers’ Compensation context this is a called a “section 32 agreement.” In a section 32 agreement the injured worker agrees to close their workers’ compensation… Read More
Case Update: Dog Owner Liability
As we’ve previously discussed in this blog, in order to find an animal owner liable for the actions of that animal, as in the case of a dog bite, the animal must have “vicious propensities,” meaning a history of biting or aggression. However, a recent case from the New York City creates a new exception… Read More
The Reality of Applying for Social Security Disability
Many of you may have seen the 60 Minutes piece on social security disability from October. In that story, Senator Tom Coburn discussed the findings of a two-year case study conducted by his office that uncovered a conspiracy between a West Virginia Attorney, Administrative Law Judge and some local doctors to push through social security… Read More
How is My Weekly Workers’ Compensation Benefit Calculated?
The weekly amount you are actually paid for a workers’ compensation injury is different than your Average Weekly Wage (AWW). Your AWW is what you would be making if you were still working in the position you were in at the time of your injury. To calculate your AWW read our recent blog entry. Your… Read More
How Do I Calculate My Average Weekly Wage?
Your Average Weekly Wage (AWW) is the single most important factor in the value of your workers’ compensation action. It is the basis for all monetary calculations the workers’ compensation board will make throughout your case. Making sure your AWW is calculated properly at the outset of your case can mean the difference between hundreds… Read More