New York Workers' Compensation Questions & Answers

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

2 Answers | Asked in Employment Law and Workers' Compensation for New York on
Answered on Oct 23, 2018
V. Jonas Urba's answer
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 or 4 years in some instances to get to a jury assuming no dismissal on summary judgment. Speak with your attorney. There is time value to settlement and your lawyer will explain what that means.

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

1 Answer | Asked in Workers' Compensation and Business Law for New York on
Answered on Aug 25, 2018
Michael David Siegel's answer
Not required to pay.

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

1 Answer | Asked in Workers' Compensation for New York on
Answered on Aug 24, 2018
Charles Joseph's answer
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, you may be entitled to temporary benefits under the New York state disability insurance. If so, you can lake short-term disability and then your 8 weeks of paid leave under the NYSPFL. You cannot...

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

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Answered on Mar 29, 2018
Gary Lane's answer
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.

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

1 Answer | Asked in Employment Discrimination and Workers' Compensation for New York on
Answered on Feb 17, 2018
V. Jonas Urba's answer
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.

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

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Answered on Feb 17, 2018
Emre Polat Esq.'s answer
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

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Workers' Compensation for New York on
Answered on Dec 12, 2017
Peter N. Munsing's answer
You need to speak with a member of the Texas Trial Lawyers Assn who handles employment law issues. They give free conslts.

Q: Must I apply for Workers compensation Insurance if I own Corporation in NY and I am only employee in the company?

2 Answers | Asked in Employment Law and Workers' Compensation for New York on
Answered on Oct 17, 2017
V. Jonas Urba's answer
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 an unemployment claim against your corporation at some point not having unemployment, workers compensation or other insurance can be costly.

Seek counsel.

Q: FMLA and Workmass Compisation

1 Answer | Asked in Workers' Compensation and Employment Law for New York on
Answered on Oct 9, 2017
James Francis Barna Esq's answer
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 leave or vacation benefits that you wish to use for this leave, your employer is supposed to allow this.

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?

1 Answer | Asked in Immigration Law and Workers' Compensation for New York on
Answered on Oct 4, 2017
V. Jonas Urba's answer
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.

Q: I am 75% disabled work related injury . Crps1 both hands, after one surgery, Settlement value?

1 Answer | Asked in Personal Injury and Workers' Compensation for New York on
Answered on Aug 20, 2017
William Head's answer
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.

Q: how I can get to see final judgment for Case Number: 1:2017cv02250?

2 Answers | Asked in Employment Law and Workers' Compensation for New York on
Answered on Jul 14, 2017
V. Jonas Urba's answer
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

Q: If I'm seriously injured while working at sea, can my spouse file a loss of consortium claim?

2 Answers | Asked in Admiralty / Maritime, Personal Injury and Workers' Compensation for New York on
Answered on Jul 13, 2017
Peter N. Munsing's answer
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.

Q: How effective can a lawsuit be in a case where your Employer falsificates your signature in your weekly time sheet?

2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for New York on
Answered on Jun 29, 2017
V. Jonas Urba's answer
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 many employees were affected.

Gather any records you have which confirm the hours you actually worked and compile a list of names of witnesses to confirm this practice then call some...

Q: NY State: I thought am ineligible for unemployment benefits but it turns out that I am. Can I file retroactively?

3 Answers | Asked in Employment Law, Gov & Administrative Law and Workers' Compensation for New York on
Answered on Jun 6, 2017
Bruce McBrien's answer
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 are entitled to 26 weeks of benefits during the year so you may get benefits going forward if you are still out of work, you have not lost those weeks.

It's not clear from your question if you...

Q: How long can we stop statute of limitation?

2 Answers | Asked in Civil Litigation, Contracts, Personal Injury and Workers' Compensation for New York on
Answered on Jun 5, 2017
Barry Eran Janay's answer
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 complaint and it was dismissed there may be a way to reinstate the claims, but much more information is necessary in order to fully address that, but if you sued in the wrong tribunal (i.e. state court as...

Q: Why do I have to pay this bill for a work related injury?

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Answered on Apr 24, 2017
Barry Eran Janay's answer
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.

Q: Do I have a case?

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Answered on Apr 23, 2017
V. Jonas Urba's answer
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 costs you nothing to hire a comp lawyer. If they don't win they don't get paid. If they win your employer sometimes pays and even if you pay the percentage is closer to 20% than the one third or 40% in...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.