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New York Workers' Compensation Questions & Answers

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for New York on

Q: Can I sue my place of employment for pain and suffering due to a fall while I was pregnant

The fall at Northwell Health Lij resulted in a life threatening situation for my daughter and I , and I underwent 2 back surgeries. I had to leave my home and move in with my parents for financial and medical reasons. It led me to file section 32 which required me to resign, however the resignation... Read more »

V. Jonas Urba answered on May 16, 2019

Consult with personal injury lawyers. Maybe a third party lawsuit? Constructive discharge is very difficult to prove. You were either able to perform your job duties with accommodation or were not. Did you request any type of reasonable accommodation and if it was reasonable and not an undue... Read more »

1 Answer | Asked in Workers' Compensation and Intellectual Property for New York on

Q: Hi, I'm a designer. I had an account on a "print on demand" platform www.teepublic.com, I created the designs and the co

My account was terminated and my commission not paid out, they claim it's due to my account being terminated because of intellectual property infringement. Is that legal, for them to keep the money I earned?

Sean Erin Serraguard answered on Apr 24, 2019

Whether this is legal or not will depend on the terms of the contract that you signed when you used their services. The terms are on their website (https://www.teepublic.com/terms). I have not reviewed their terms, and the link is for your convenience. This is not a full legal analysis of their... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for New York on

Q: I have/diagnosed with bi-lateral carpal tunnel syndrome in 2015, fell at work Oct 2015 and have an active WC claim and

received a separation letter from my employer while i'm on medical leave since mid-Jan 2018 to present. I have a legal counsel helping me to negotiate a termination package, however not totally satisfied as I feel I'm being medically discriminated against and now terminated, but if i sign the... Read more »

V. Jonas Urba answered on Oct 23, 2018

If this is a North Carolina case I have no idea.

In New York you may or may not incur costs. It depends on where you file charges or a complaint. The more important question might be the cost of waiting years to resolve your matter. Federal court in New York state is often 2 and closer to 3...
Read more »

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1 Answer | Asked in Workers' Compensation and Business Law for New York on

Q: Put on light duty - does work have to pay me for dr visit's?

Hurt @ work - put on light duty. I'm required to go to the Dr to get checked and released back to full duty. Work isn't paying me for the time I am at the dr's. is this legal? Or are they required to pay when I was injured at work.

Michael David Siegel answered on Aug 25, 2018

Not required to pay.

1 Answer | Asked in Workers' Compensation for New York on

Q: I've heard I can take disability and tack it onto a pregnancy leave - is that possible?

Charles Joseph answered on Aug 24, 2018

Under the New York State Paid Family Leave Act (NYSPFL), which took effect on January 1, 2018, you can take up to 8 weeks of paid leave in order to bond with your newborn. You are entitled to receive 50% of your salary up to $652.96 per week.

If you are temporarily disabled by a pregnancy,...
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1 Answer | Asked in Employment Law and Workers' Compensation for New York on

Q: Injured back 2014 at job.received WC benefits for one year. returened to work 2days before,,having pain again.What to do

I was working as physical therapist and injured my back in April 2014. I filed for worker compensation claim and received benefits for one year. Then I went to out of country for one year and stopped to see doctor and stop receiving benefits. I came back to USA 8 months before and managing life... Read more »

Gary Lane answered on Mar 29, 2018

Best thing is to get a consultation with a Workers' Compensation attorney. If you had one in 2014, contact him/her. If not, Worker's Comp attorneys give free consultations. You need a Workers Comp expert.

1 Answer | Asked in Civil Litigation and Workers' Compensation for New York on

Q: My WC case was closed today, and after 4 1/2 years. I have lost 75% of the use of my right arm. I did settle a third p

arty lawsuit settled, and while I understand how the lien goes against payments to me, I am aghast that I had to pay my lawyer out of my share while the insurance company is allowed to offset their share of the legal fees and put them against what they owe me, not only creating a conflict of... Read more »

Michael David Siegel answered on Mar 5, 2018

You don't and you can't. This is how it works.

1 Answer | Asked in Employment Discrimination and Workers' Compensation for New York on

Q: I have been working hurt due to repetitive work duties and now have been laid off. Can I claim workers comp now ?

I am 55 and worked for employer 25 years prior to lay off

V. Jonas Urba answered on Feb 17, 2018

You need to retain a work comp lawyer ASAP. They charge nothing unless they win. The percentage or fee they can charge is strictly controlled by state law. Lawyer up now. The employer is certain to have many defenses to challenge a late notice of claim.

1 Answer | Asked in Employment Law and Workers' Compensation for New York on

Q: I have been injured at work due to repetitive motion activities. I have been working hurt and was just laid off.

I am 55 and was just laid off, I worked there 25 years, Can I apply for workers comp now? Age discrimination?

Emre Polat Esq. answered on Feb 17, 2018

There could potentially be a claim for age discrimination as well as workers comp violations. Consider a consultation for an assessment.

Q: What to do if my employer wanted me to denied the I hurted my self at work but I didn't I said the truth to the doctor

My employer is mad because I fell and didnt follow rules according to them to say I didn't hurt my self at work but instead at my home. I have recordings of one of my boss talking n saying I shouldn't have said i hurted at work. And coming to intimidate me at my home.

Peter N. Munsing answered on Dec 12, 2017

You need to speak with a member of the Texas Trial Lawyers Assn who handles employment law issues. They give free conslts.

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 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 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 file...
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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 Esq 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... Read 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... Read more »

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... Read more »

William Head 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:... Read more »

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 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 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... Read more »

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... Read 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... Read more »

Barry Eran Janay 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 filed a...
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