Can I see my own medical records?
All medical providers, including doctors, hospitals, physical therapists, dentists and mental health practitioners, are legally required to keep medical records. And you, as the patient, have a right to access those records. That being said, while there are state laws and regulations relating to how and when medical records should be made available, your doctors’… Read More
Are legal settlements and awards taxable?
Are legal settlements and awards taxable? Do I have to pay taxes on personal injury awards, workers compensation benefits or social security disability benefits? This is a question we get all the time. The answer depends on the kind of case you have. Is my personal injury award taxable? The short answer is no. If… Read More
What is Causal Relationship in Workers’ Compensation?
In order to receive workers’ compensation benefits for an injury you suffered that injury must have occurred on the job. Several things must be proven before you can receive workers’ compensation benefits: You are injured Your employer was given timely notice of the injury or accident That the injury is “causally related” to your job,… Read More
What is My Degree of Disability?
In workers’ compensation your degree of disability is a very important number. It explains, in percentages, how disabled you are from a medical perspective. That number is then used to determine how much money you will receive per week from workers’ compensation. A healthy person with no injuries, conditions or illnesses is 0% disabled. A… Read More
Legalese Defined: Deposition
Deposition – Legal Definition A deposition is an interview conducted by an attorney outside of court during the discovery phase of a lawsuit. At deposition, a person is sworn in—so they must tell the truth, just like in court—and answers questions in front of a stenographer who writes down everything they say. The person being… Read More
Legalese Defined: Personal Injury – Discovery
Discovery Process. Discovery is the broad term used for the stage of a lawsuit where each side collects evidence from the other. Discovery is conducted by sending written requests for information to each side for information and by conducting interviews of each party and any witnesses. This discovery process can take anywhere from six months… Read More
I got in a car accident but I have no medical insurance– how can I get treatment?
How can I get treatment if I was in a car accident but I have no medical insurance? Everyone in New York State is required to carry No-Fault Insurance on their car. No-Fault Insurance pays for medical benefits and lost wages (up to a certain limit) for anyone injured in a car accident regardless of… Read More
Legalese Defined: Defendant and Plaintiff
Plaintiff The Plaintiff is the person bringing a lawsuit. For instance, say you are rear-ended at a light and break your leg. You then bring a lawsuit against the other driver. In that case, you would be the plaintiff. The plaintiff files the first complaint with the court. Personal injury attorneys or accident lawyers can… Read More
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