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
Nursing Home Abuse and Neglect
When a loved one becomes too sick or frail to be cared for at home, placing them in a nursing home is often the best option. We want our family and friends to get the best care possible, and sometimes that means engaging professionals to do what we cannot. We trust that these professionals will… Read More
Legalese Defined: Social Security Disability– Substantial Gainful Activity
In social security disability cases, substantial gainful activity means that you are working and earning more than a certain amount of money, which is set by law and changes each year. If the Social Security Administration finds that you are able to engage in substantial gainful activity, then your application will be denied. If you… Read More
Legalese Defined: Social Security Disability– Date Last Insured
In social security disability cases, your “date last insured” is the date you were last eligible for social security disability benefits. Generally, In order to be eligible for social security disability you must have worked 5 of the last 10 years. Put another way, that means that over the course of the last ten years,… Read More
Legalese Defined: Social Security Disability– Onset Date
In social security disability cases, your onset date is the date your disability began. Your onset date is important to your claim for social security disability benefits because it helps determine whether or not your claim is approved and how much back-pay you may be entitled to. Because you must be disabled for at least… Read More
Bit by a dog? Can I sue the owner?
Animal bites can be serious, painful injuries that can leave lasting scars. We all love our pets, but sometimes pets can do mean, vicious things. The most common kind of animal bite comes from a dog. The law in New York is relatively clear with regards to dog bite cases: You can only bring a… Read More