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
Suing the Government
A government entity includes everything from the Governor’s office to the police department to the local library. If it gets paid for by tax dollars, chances are it is a government entity. This means that any lawsuit one might bring against such an entity would be a lawsuit against the government. When suing the government… 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
What is the Difference Between SSD and SSI?
The Social Security Administration offers two different programs for individuals who are unable to work because of a physical or mental condition: social security disability (SSD) and supplemental security income (SSI). The key difference is that SSD relies on what you “pay into” the system from your previous employment, while SSI does not. Instead, SSI relies upon… 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
Can you sue for a sports-related injury?
Everyone has a sports injury story—some worse than others. Whether you are a life-long athlete, a casual participant, or even a spectator, sports always involve some kind of risk. In New York, you can’t bring a lawsuit for a sports-related injury if, by participating, you assumed the risk of getting hurt. “Assumption of Risk” means… Read More
What Happens When You Sue Somebody?
The process of suing someone is called “litigation.” Litigation has several stages, or “phases,” as they are sometimes called. In this post, we will discuss each stage of litigation and how a lawsuit in the New York State Supreme Court unfolds over time. 1. Investigatory Stage When you approach a lawyer with a possible case,… 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
Fibromyalgia May Qualify You For Social Security Disability
In a recent decision by the U.S. District Court, Western District of New York, the court expressly held that fibromyalgia is a “disabling impairment” recognized by a growing number of courts, even though there is “no objective test which can conclusively confirm the disease.” Sublette v. Astrue, 2012 WL 1252631 (WDNY 2012), citing Green-Younger v.… Read More