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
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
Workers’ Compensation Liens in a Personal Injury Lawsuit
A lien is a legal right a person or entity has against the property of another. Liens can work in a variety of different ways. Some liens can be placed against property, like a house, which prevents you from selling it until the lien is “satisfied,” or “paid back.” Other kinds of liens work by… Read More
What is the “Workers’ Compensation Offset” and how will it affect my Social Security case?
If you collect Workers’ Compensation benefits and file for Social Security Disability (SSD) benefits, you may not be able to receive both types of benefits at their maximum amounts. Your Social Security benefit may be reduced. This is due to a law that says you can only receive up to 80% of your average current… Read More
Can you file for workers’ compensation and sue a third-party for a work-related injury?
At Segar & Sciortino, we look at your case from every angle to help maximize your benefits and get you the compensation you deserve. When someone comes to us with a workers’ compensation issue, one of the things we look for is a responsible “third-party” to bring a lawsuit against, or “sue.” for the things… Read More
Construction Accidents and the Scaffold Law
Construction sites are dangerous places. This is particularly true for construction workers who work on roofs, bridges, ladders, scaffolds or other elevated areas where there is a high risk of falling. Because injuries resulting from falls on construction sites can be so devastating, New York State carved out special provisions in the Labor Law that… Read More
Looking for Work While Collecting Workers’ Compensation for a Partial Disability
When a partially disabled worker receives workers’ compensation benefits, that worker has a duty to stay “attached to the labor market.” That means that if your doctor says you can do some type of work, even if you can’t do your old job, you have a duty to continue looking for work in order to… Read More
What Are Classification Awards?
For workers’ compensation purposes, there are two basic types of permanent disabilities: Scheduled Loss of Use Injuries (including injuries to the arms, hands, fingers, legs, feet, toes and joints; also loss of vision, loss of hearing and facial disfigurement) and Classified Injuries (including injuries to the head, back, neck and anything else not expressly categorized… Read More
What is a Scheduled Loss of Use Award?
A scheduled loss of use award is a type of workers’ compensation award that is given to people who have permanent, work-related injuries to their extremities (arms, hands, feet, legs). This is different from the kinds of awards given to people with “classified injuries,” which are permanent work-related injuries to non-extremities (back, head, neck, organs,… Read More