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
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
Reduced Earnings In Workers’ Compensation
A common misconception about workers’ compensation benefits is that you can’t continue to collect them if you go back to work. The concern most people have is that they won’t be able to earn as much with a job as they do on workers’ comp because they are still disabled from their on-the-job injury. To… Read More
Car Accidents: When To Bring A Lawsuit
Car accidents are scary things. People get hurt and it is expected that whoever caused the accident should pay for those injuries. This is why New York requires all drivers to carry No-Fault insurance. No-Fault insurance provides coverage for medical expenses and lost wages, regardless of who caused the accident. However, sometimes No-Fault coverage isn’t… Read More