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New York Workers' Compensation Questions & Answers
0 Answers | Asked in Domestic Violence, Insurance Bad Faith, Criminal Law and Workers' Compensation for New York on
Q: What do I do with a bad management and too much violence

I live in a "city mission" and the staffers here are incredible at arguing about everything and love to get in fights, there's no humility here (one guy a few days ago was unconscious in the middle of the hallway and no one help him once the medics came they decided not to move as... View More

Q: Can my company commander (army) deny me leave for a explicit doctors note for my wife.

My wife just had a miscarriage caused by my company commander and 1SG, we got a doctor’s note explicitly saying because she has 2 kids and recovering from a miscarriage that she’s on bed rest and that I need to be home to take care of her. They only gave me 3 days when the doctor said 2 weeks.

James L. Arrasmith
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answered on Dec 1, 2023

In the U.S. military, leave requests are generally subject to approval by a commanding officer, considering both the needs of the service and the individual circumstances of the service member. In cases like yours, where there's a critical family situation such as a medical emergency,... View More

1 Answer | Asked in Workers' Compensation for New York on
Q: My cousin injured his hip on his job in the company’s car last year. Follow all the workman’s comp protocols has denied

Since his injury happen, 6 months had to lawyer up. Now my cousin needs a complete hip replacement and is at risk for AVN disease and Crosis if not taken care of. He’s been handicap like this for a year and 2 months now and now other injuries are occurring due to his hip not being fix. He’s... View More

James L. Arrasmith
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answered on Nov 11, 2023

Dealing with a workers' compensation claim that has been denied can be extremely challenging, especially when facing a serious injury like your cousin's. In New York, workers' compensation is designed to cover medical expenses and lost wages for work-related injuries, but sometimes... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for New York on
Q: I want to know if I have a 3rd party breach of duty lawsuit after getting injured on the job by an unprotected fan axel

I have images that will help explain the story

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2023

It's possible you could, but additional information would be needed for a more thorough evaluation. It could involve a theory of breach of duty, as you mention. It's possible it could also involve a theory of product liability, where you'd need to be able to show that the equipment... View More

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4 Answers | Asked in Immigration Law, Personal Injury and Workers' Compensation for New York on
Q: Hello, I'm a journalist working on the undocumented workers, victims of work accidents. Can you help me with lawyers?

Would like to find an attorney that could talk in camera about the situation of undocumented workers injured in the working place.

James L. Arrasmith
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answered on Apr 12, 2023

One way to find an attorney who may be able to speak to this issue is to research law firms or legal organizations that specialize in immigration law, workers' compensation law, or labor law. Many of these firms may have attorneys who are knowledgeable about the challenges that undocumented... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for New York on
Q: Is it legal in ny for a private citizen to seek a investigation compensation from plaintiff 4 irrefutable video evidence

I'm a private citizen who's surfaced indisputable online video evidence against defendants sworn testimony in an active slip & fall tort lawsuit. I have more than 600+ hours of personal time performing online research for a planned lawsuit against the same named defendant for a... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 30, 2023

If I understand you correctly, you have evidence which would be of use to plaintiff's counsel in a lawsuit and want to get paid for the time you spent compiling such evidence. Although you can certainly speak with plaintiff's counsel to discuss your proposal, unless you were retained /... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for New York on
Q: I hired someone to paint my house, but he fell of the ladder. what is my responsibility ?
Tim Akpinar
Tim Akpinar
answered on Nov 28, 2022

It could depend on whether there were any safety issues related to the control of the property owner. But in general, the short answer is that such injuries are generally covered by workers' comp. Good luck

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2 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for New York on
Q: In regard of a car accident

I was involved in a car accident on October 2020. I did not hire an attorney because the insurance company said they would take full responsibility, the report said we were both at fault even though the driver cut me off on the opposite side and hit my driver side, I was injured. Upon taking days... View More

Steven Richard Smith
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Steven Richard Smith
answered on Mar 1, 2022

Unfortunately, you are 1 1/2 years late for getting the assistance you need if you are in NY. You really needed an attorney at the outset. I can only comment on New York Law, so if this is another state this response might not apply. In NY, you would not use your primary health insurance for... View More

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3 Answers | Asked in Bankruptcy and Workers' Compensation for New York on
Q: If your in a chapter 13 bankruptcy since 2018 and got injured in 2020 and now getting settlement is this exempt
Leonard R. Boyer
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answered on Jan 21, 2022

This question should be directed to your bankruptcy attorney.

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Q: Misrepresentation

I got ran over by a garbage truck on December 11 2019 while working. I hired a worker’s compensation lawyer. I had to quit my job because of my living condition. I had no family members where I was living at so I moved. Workers compensation felt like I wasn’t entitled to any financial benefits... View More

Tim Akpinar
Tim Akpinar
answered on Nov 4, 2021

In terms of the funding for the second necessary surgery, one option could be to look into public health agency coverage. In terms of the declaration of a permanent disability by your orthopedic surgery, that could be something to explore further with an attorney who handles disability claims. In... View More

Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... View More

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2021

I'm not certain what it was that you signed while hooked up to IVs in the hospital, but I'll address the personal injury aspect of your question, since you posted under that category. If you were injured in the course of your employment, it's possible you could have the basis for a... View More

2 Answers | Asked in Bankruptcy, Employment Law, Workers' Compensation and Employment Discrimination for New York on
Q: Suspended without pay for extended amount of time

I have been suspended from my workplace for almost a month due to a security breach. My account was used to make administrative changes to our users via a vpn connection. Upon looking further into my home network I realized an unknown user has accessed my incoming connection Keylogged my system,... View More

Carrie Dyer
Carrie Dyer
answered on Aug 11, 2021

Your employer is not violating the law by keeping you on a leave of absence while the police investigate the security breach. Unfortunately, there is not much you can do in this situation besides wait.

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1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: I got covid in January at work a coworker was sick and told management but they didn’t inform us I’m still sick.Help

Management didn’t inform the workers and I got sick . I’m still suffering from fatigue, headaches , hair thinning, teeth cracking and joint weakness I haven’t been able to get back to work fully I work once every two weeks because I get exhausted in the stores and can’t keep up. If I... View More

V. Jonas Urba
V. Jonas Urba
answered on Aug 6, 2021

Consult with a workers compensation lawyer immediately. Although it may be difficult to pinpoint where you contracted COVID, a skilled workers compensation lawyer might be able to tie it to your workplace. Good luck. Alternatively, if you have disabling conditions, ask your doctor about... View More

1 Answer | Asked in Workers' Compensation for New York on
Q: Insurance while on workmen’s comp

My wife has a medical insurance thru her job that covers all the members of our family. If she is currently on workmen’s comp due to her work related injury, do the rest of our family continue to have medical coverage? Or does it stops while she is on workmen’s comp? Thanks in advance

Tim Akpinar
Tim Akpinar
answered on Jul 29, 2021

She should check with her workers' comp attorney and your family's private insurance carrier to be certain, but your question remains open for almost a week. Under normal circumstances, your family's private insurance coverage should not be suspended as a result of a workers'... View More

1 Answer | Asked in Workers' Compensation for New York on
Q: Am I entitled to a settlement if I can’t go back to work for a worker’s compensation injury?

I have a torn meniscus from an injury at work. My work is as a fitness instructor and there are no hours that aren’t full out physical work . My knee is not doing well and I am wondering how best to be prepared if I can’t go back to work . It’s a tricky thing because the doctor haS approved... View More

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2021

An experienced workers' comp attorney should address your question, but it remains open for four days. One option at this point is to reach out to workers' comp attorneys to discuss file in detail. Many WC attorneys offer free initial consults. As with other injury-related claims,... View More

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: if on STD and HR calls and says someone one saw you at the hotel you stay at while working is that legal? I had a stroke

Called once to see how I was than immediately called back stating someone saw me and explain

Tim Akpinar
Tim Akpinar
answered on Apr 27, 2021

It could depend on the timeline and the severity. And those are things that a physician, not an attorney, is qualified to speak about meaningfully. The fact that you were at a hotel, in and of itself, is not evidence of the absence of a disability. Your post remains open for two weeks. Consider... View More

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: I was hurt at wrk a while ago had a comp case w a crappy lawyer.. my x employer forced me to wrk injured for 3 month

Then they told comp.. the Ime did doctor hurt me and my lawyer at the time did nothing to help me

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2021

One option is to repost under Workers' Compensation here. There's no guarantee that all posts are picked up, but a workers' comp attorney probably wouldn't be able offer very much guidance based on these brief facts. Another option is to reach out to workers' comp attorneys... View More

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: Question about PUA

Hello! Would one of the following be enough proof of self employment to qualify for PUA (pandemic unemployment assistance) ? : a check I received for a private lesson I taught in November 2020, check I reveived for a photo session I did in December 2020. I am a self employed actor and photographer.... View More

V. Jonas Urba
V. Jonas Urba
answered on Jan 10, 2021

The Department of Labor determines what proof you must provide. They can request more if it's not clear.

If you are denied benefits make sure to TIMELY request an administrative hearing before an ALJ. I think all hearings are telephonic. You can then compare your claim file with any...
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1 Answer | Asked in Workers' Compensation for New York on
Q: Can you revisit a WC case that has been incorrectly handled after more than 30 days?

I injured myself at work and didn't push them to file WC due to being concerned I would lose my job. I paid almost $10k out of pocket in lost wages and Dr's bills. I returned to work and have re-injured my knee. Can I go back and do anything to recoup lost monies? What about filing now?

Tim Akpinar
Tim Akpinar
answered on Nov 18, 2020

You could reach out to one of the workers' comp attorneys here (you could locate firms closest to the Mount Kisco area) under the Find-a-Lawyer tab, or you could reach out to firms you find on your own. Ask the firms you contact if they offer free initial consults to briefly discuss what took... View More

1 Answer | Asked in Workers' Compensation for New York on
Q: Personal insurance on workers comp case

Good morning,

I has an accident on the job site and the medical assistance on the emergency room, cirgury and hospitalization was charged to my personal insurance, it happens two months ago and now I'm whit workers comp, what is the best way to put everything on order ?? Thanks

Tim Akpinar
Tim Akpinar
answered on Nov 19, 2020

This is really something that an experienced workers' comp attorney would know the most about, but you await a response for two weeks. If you are represented by an attorney, bring it to their attention. If the accident involved a third-party claim (where a personal injury attorney is involved,... View More

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