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New York Workers' Compensation Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Personal Injury and Workers' Compensation for New York on
Q: Can I appeal firemans rule denial of my case after Supreme Court upheld denial?

Nypd female injured by male cop and fired on probation male cop fired but not for injuring me.

Peter N. Munsing
Peter N. Munsing
answered on Nov 3, 2017

You should speak with your attoreny.

2 Answers | Asked in Employment Law and Workers' Compensation for New York on
Q: Must I apply for Workers compensation Insurance if I own Corporation in NY and I am only employee in the company?
V. Jonas Urba
V. Jonas Urba
answered on Oct 17, 2017

Maybe.

Employers with independent contractors are surprised to discover that it does not matter what a person is called. It's what they do, how they are paid and controlled, and how much expertise they truly have that matters.

Assuming you have independent contractors who might...
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1 Answer | Asked in Workers' Compensation and Employment Law for New York on
Q: FMLA and Workmass Compisation

I have a open worker's compensation case for my lower back. I have FMLA on my self for it due to pain. I loose time roughly 8hrs per week from my comp injury. Is it possible to get reimbursed for any of the FLMA time i use for my comp injury?

James Francis Barna
James Francis Barna
answered on Oct 9, 2017

There is no requirement under the Family and Medical Leave Act to be compensated for time off for treatment. However, your employer is supposed to coordinate the protections of the FMLA and Workers' Compensation. If your employer chooses to compensate for FMLA leave, or if you have paid sick... View More

1 Answer | Asked in Immigration Law and Workers' Compensation for New York on
Q: I have F-1 visa. I volunteer to assist the court to interpret to another language(Rare), Am I qualifiy for a green card?

The court needs assistance to interpret English to another language because the language is rare in the area and no interpreter available in NY state. I am the only one who knows the language very well. The court cannot provide payment to me because I hold F-1 visa which why I am not allowed to... View More

V. Jonas Urba
V. Jonas Urba
answered on Oct 4, 2017

You should repost your question as an immigration law question. Not that many of us employment lawyers handle immigration law. But all immigration lawyers will know about who is authorized to work where and when. Then if an issue concerns employment laws which affect all workers ask us. Good luck.

1 Answer | Asked in Personal Injury and Workers' Compensation for New York on
Q: I am 75% disabled work related injury . Crps1 both hands, after one surgery, Settlement value?

I am 47 yrs old have been on Comp (NYS) for 3 years, Finally last year had bilateral carpal tunnel and trigger finger release (3), on my dominant hand, I now have Crps1 and am not a candidate for my left hand to be operated on for bilateral carpal tunnel and trigger finger 3 on this hand too. Crps1... View More

William C. Head
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answered on Aug 20, 2017

If you have a lawyer, then trust him/her or fire that attorney. Do not ask strangers (to your case facts) to second guess who you hired originally.

2 Answers | Asked in Employment Law and Workers' Compensation for New York on
Q: how I can get to see final judgment for Case Number: 1:2017cv02250?

Kokota v. State Street Corporation et al

Plaintiff: Alex Kokota

Defendant: State Street Corporation, State Street Global Markets LLC, State Street Global Advisors Inc., Currenex, Inc., Princeton Financial Systems, LLC and Starpoint Solutions, Inc.

Case Number:... View More

V. Jonas Urba
V. Jonas Urba
answered on Jul 14, 2017

Sign up for PACER or visit a Southern District Clerk's Office Manhattan or White Plains. Here's everything to get you started.

http://www.uscourts.gov/courtrecords/find-case-pacer

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2 Answers | Asked in Admiralty / Maritime, Personal Injury and Workers' Compensation for New York on
Q: If I'm seriously injured while working at sea, can my spouse file a loss of consortium claim?
Peter N. Munsing
Peter N. Munsing
answered on Jul 13, 2017

You want to speak with a lawyer who is a member of the NYState Trial Lawyers Assn--that handles maritime/Jones Act cases; they give free consults. No is the short answer to your question.

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2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for New York on
Q: How effective can a lawsuit be in a case where your Employer falsificates your signature in your weekly time sheet?

To underpay you, cutting down the hours you faithfully did for the companies own benefit. This company even has and it's doing illegal activities. Or to falsificate your signature to fire you from your job.

I would like to see the potential of my case. Thank you & Enjoy your day.

V. Jonas Urba
V. Jonas Urba
answered on Jun 29, 2017

If your employer falsified your signature that is definitely illegal.

They must have done the same for other employees also. They will be good witnesses and likely suffered damages.

How many employees did this happen to?

These are great lawsuits especially when it looks like...
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3 Answers | Asked in Employment Law, Gov & Administrative Law and Workers' Compensation for New York on
Q: NY State: I thought am ineligible for unemployment benefits but it turns out that I am. Can I file retroactively?

I thought I was ineligible for unemployment as I was fired for misconduct. However, it turns out that I am eligible, even though I turned in my application 3.5 months late. As such, I missed all of this time of unemployment benefits prior to my application date. Can I file with NY state to retrieve... View More

Bruce McBrien
Bruce McBrien
answered on Jun 6, 2017

You can still file for benefits but it will be difficult to recover if you did not file for your weekly benefits over the past 3.5 months. The Department of Labor requires that you file for benefits every week, even when you have been denied and are trying to overturn the decision. In NY State you... View More

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2 Answers | Asked in Civil Litigation, Contracts, Personal Injury and Workers' Compensation for New York on
Q: How long can we stop statute of limitation?

Hello.

I got injured during work and the employer promised me to pay for medical fee etc.

It has been 10 years but I have not got paid.

Also, the employer committed various misconducts which their attorney insisted that the statute of limitation was over.

(I filed... View More

Barry E. Janay
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answered on Jun 5, 2017

1. A promise to compensate doesn't toll (extend) most statutes of limitations.

2. Injuries on the job are usually handled by the Workers Compensation Tribunal

3. Under NY's workers compensation statute you have 2 years to file a claim.

3. If you previously...
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1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: Why do I have to pay this bill for a work related injury?

I work at a mass production warehouse that handles stainless steel pipes for mass transit production. Although, i am payed through a temp agency. While at work I had a metal shaving go into my eye and needed medical attention. I notified a supervisor who then took me to the hospital. I got the... View More

Barry E. Janay
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answered on Apr 24, 2017

It sounds like a good workers compensation claim to me, please feel free to reach out to me privately via email if you'd like further assistance.

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: Do I have a case?

I work at a mass production warehouse that handles stainless steel pipes for mass transit production. Although, i am payed through a temp agency. While at work I had a metal shaving go into my eye and needed medical attention. I notified a supervisor who then took me to the hospital. I got the... View More

V. Jonas Urba
V. Jonas Urba
answered on Apr 23, 2017

Sounds like a great case for a workers compensation lawyer. I have not handled a work comp case in decades but would have loved to represent someone with your facts when I did.

Employers often try to get out of paying by having private insurance pay and the other way as well.

It...
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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for New York on
Q: When an employee is injured by a 3rd party, can the employer, after fully compensated the employee, claim the 3rd party?
V. Jonas Urba
V. Jonas Urba
answered on Apr 20, 2017

So the employee received workers compensation benefits and now the workers compensation carrier wants to offset it's contribution by the 3rd party? More than likely that will happen.

However if the employer was not carrying workers compensation coverage why would any employer admit...
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1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: Can I retire and collect WC salary along with my pension?

I have been on WC for over 4 years due to a back and nerve injury at work. I continue to work in order to get more years toward my retirement, however, the pain is getting too unbearable to work. I have 24 years in the NY State Teacher retirement system. If I retire, would I be able to receive WC... View More

V. Jonas Urba
V. Jonas Urba
answered on Mar 27, 2017

You should consult a workers compensation lawyer. Workers compensation by definition is for "workers." If you retire that means you no longer work.

Your future medical care is critical. Years ago in other jurisdictions we would do washouts or full and final settlements. Today the...
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1 Answer | Asked in Workers' Compensation for New York on
Q: i have a workers comp law suit with a lawyer already, it is a conflict of interest, Can I change my lawyer?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 24, 2017

There's no inherent conflict with having 1 lawyer represent you in 2 cases. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More

1 Answer | Asked in Workers' Compensation for New York on
Q: I am on workers comp.from a slip and fall. Am I entitled to a settlement?
Derek John Soltis
Derek John Soltis
answered on Mar 19, 2017

You should speak to an attorney to go over the facts of your case. You may be able to get a settlement.

1 Answer | Asked in Workers' Compensation for New York on
Q: denied second sugery by insurance but they want a peer review wth my surguren though why this?
Peter N. Munsing
Peter N. Munsing
answered on Mar 12, 2017

Maybe to cover themselves? Should say on the paper why.

1 Answer | Asked in Workers' Compensation for New York on
Q: I carry a compensation policy on myself for my drywall business and got hurt been collecting for 2 months.

I have 4 herniated discs 1 bulging and 50% stenosis in1 disc. The doctor said I should think about a new career but I've been doing this 30 years. I don't know what the next steps should be, any advice would be greatly appreciated

Peter N. Munsing
Peter N. Munsing
answered on Mar 12, 2017

You may need to look for Social Security Disability, but that won't pay enough. Don't know if you can run the company without doing the work but I have clients that have been able to be a manager. Problem is hard to be a manager that doesn't do anything physical. Your state may have... View More

1 Answer | Asked in Medical Malpractice and Workers' Compensation for New York on
Q: I had surgery 9 months ago torn meniscus just had Mri and doctors said I have another tear same knee do I still schedule

I know I'm suppose to schedule my loss award soon but not sure if I can knowing I need another surgery

Peter N. Munsing
Peter N. Munsing
answered on Mar 7, 2017

Talk to your attorney. You'd want to keep the medical open, that's for sure!

2 Answers | Asked in Contracts, Employment Law and Workers' Compensation for New York on
Q: I was terminated after a sales quarter's end and was denied commission. Do I have a case?

I was terminated for misconduct. This occurred following the quarter's end and before the first salary after the quarter's end.

These are the relevant paragraphs in the employment agreement:

a. The calculation and interpretation of any commissions payable to you and any... View More

Barry E. Janay
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answered on Feb 24, 2017

Very good question, your employer has laid down the gauntlet. NY law has decisions on employee commissions that shows that they are due once they are earned, but other decisions uphold the written policy / contract of employment. Depending on the amount it may be worthwhile for you to have a... View More

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