Workers’ Comp & Personal Injury Law From Every Angle: The S & S Blog
New Developments in New York Law Regarding Dog Bite Claims
The New York State Court of Appeals—the state’s highest court—recently issued a decision that drastically changes the law surrounding dog bite claims throughout the state. New York had long stood as an outlier by requiring a dog bite victim to demonstrate a documented “prior vicious propensity” to impose strict liability on behalf of a dog’s… Read More
An Update on Wrongful Death Laws and the “Grieving Families Act”—New York State Senate Bill S74A
New York State’s wrongful death laws were originally created in 1847—over 175 years ago. Under the current law, families can only claim damages associated with financial loss such as necessary medical expenses, funeral costs, and the loss of financial support from the deceased. By limiting compensable damages only to those relating to “economic hardship,” families… Read More
New York Increases Minimum Workers’ Compensation Rates
In New York State, benefits paid to injured workers are governed by both minimum and maximum rates. Recently, Governor Hochul signed new legislation which will increase the minimum weekly compensation for those receiving Workers’ Compensation benefits. This bill was designed to protect lower wage workers who are injured on the job and unable to return… Read More
Are You Eligible For Workers’ Comp Benefits If You Work From Home?
Since the start of the COVID pandemic in 2020, how and where many people work looks very different. It’s become common to work remotely from home either full-time, or as part of a hybrid schedule that combines working some days in the office and some from home. What happens when you’re injured while working, but… Read More
Are You Owed More Workers’ Comp?
Have you received all that you’re owed from your Workers’ Compensation claim? As Workers’ Comp attorneys, we’re often contacted by people who have injured an extremity but believe their case has concluded because they were compensated for lost time from work and had their medical bills paid through Workers’ Compensation benefits. However, this doesn’t always… Read More
SCOTUS Creates Potential Issues For Medicaid Beneficiaries’ Personal Injury Settlements
A recent decision by the U.S. Supreme Court during a historic summer session stands to frustrate and impact Medicaid beneficiaries who are involved in personal injury claims. In Gallardo v. Marstiller, the Court voted 7-2 that the Medicaid Act permits a state (which is responsible for administering Medicaid benefits) to seek reimbursement for any portion… Read More
Understanding the Role of Prior Loss of Use in Workers’ Comp Cases
For the past few years, Segar & Sciortino has encountered resistance in certain types of Workers’ Compensation cases involving “schedule loss of use” (SLU) awards. Cases involving the arm, hand, leg, or foot can result in a schedule loss of use if a healthcare provider determines you have a permanent injury to one of those… Read More
I Was Just In A Car Accident … What Should I Do?
Getting in a car accident can be a scary experience that leaves many people uncertain about what to do in the immediate aftermath. The first step is to call 911 so that the appropriate emergency personnel can be dispatched. Having the police respond will also ensure that an official report will be filed—a document that… Read More
Workers’ Compensation Claims For COVID – 19 — A Changing Level of Proof
While the pandemic is now entering its third year and transitioning to an endemic, the long-term effects of COVID on our frontline workers are unknown. While Workers’ Compensation insurance carriers routinely deny claims for COVID claims, they do so under the misperception that workers can’t prove that they contracted the virus at work—and so the… Read More
The Truth Behind Car Insurance — Part Three
If your automobile insurance carrier sends you a denial for medical treatment that you’ve already had, or for future medical treatment, you can bring a lawsuit contesting that denial. However, that typically takes months or even years to resolve. Should your treatment be denied, there’s also an arbitration procedure available through the American Arbitration Association… Read More