Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I am facing a denial of my workers' compensation claim related to an inhalation injury I sustained while working in NYC. I believe I have a valid case, and the judge has offered me more time to retain a lawyer. What are my options for representation, and how can I strengthen my case to receive... View More 
answered on Feb 28, 2025
The judge is being nice to you. You ask about your options. You could use that opportunity to reach out to workers' comp attorneys to discuss your case. Workers' comp attorneys generally offer free initial consults without obligation. That could help you make the most well-informed... View More
I was involved in a motorcycle accident while on my way to work. I was driving behind a car when the driver suddenly made a U-turn, causing me to crash into the car. The police arrived on the scene and filed a report, which accurately states that the car driver was at fault for the accident. I... View More
answered on Feb 26, 2025
Sorry to hear what happened to you. As my colleagues correctly advised, since you were driving a motorcycle at the time of the incident, the New York "serious injury" requirement does not apply to you. Unfortunately, that also means that the offending vehicle's insurance will not... View More
I was involved in a motorcycle accident while on my way to work. I was driving behind a car when the driver suddenly made a U-turn, causing me to crash into the car. The police arrived on the scene and filed a report, which accurately states that the car driver was at fault for the accident. I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2025
In New York your rights are limited by the no-fault law, section 5102 of New York’s insurance law. You get your medical bills and your lost income paid by your own car insurance up to $50,000. Anything beyond that you can claim from the at fault vehicle’s insurance, as well as claiming pain and... View More
I was involved in a motorcycle accident while on my way to work. I was driving behind a car when the driver suddenly made a U-turn, causing me to crash into the car. The police arrived on the scene and filed a report, which accurately states that the car driver was at fault for the accident. I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2025
You should be entitled to lost wages, payment of your medical bills and payment for your pain and suffering as a result of the negligent driver.
The NY Serious Injury Threshold law DOES NOT APPLY because you were driving a motorcycle. The law specifically excludes motorcycles from... View More
I was involved in a motorcycle accident while on my way to work. I was driving behind a car when the driver suddenly made a U-turn, causing me to crash into the car. The police arrived on the scene and filed a report, which accurately states that the car driver was at fault for the accident. I... View More
answered on Feb 23, 2025
I'm sorry about your accident. Your question contains a number of components - all of which are valid. You raise good questions, some of which would ordinarily be addressed by first-party no-fault benefits. Unfortunately, New York law is not fair when it comes to motorcycles because they are... View More
I had experienced a traumatic workplace incident September 2023 that resulted in amputation from a defective device. The employer was liable for the injury and took it upon themselves to hire a maintenance company to repair the machine instead of returning to manufacture company to avoid a lawsuit.... View More
answered on Feb 12, 2025
Hello – your experience sounds awful. You may still have a cause of action against the manufacturer if the defect was known and there was a recall. You might be able to establish liability by having the employer and repair facility testifying your behalf. While it is a challenging case, you still... View More
I had experienced a traumatic workplace incident September 2023 that resulted in amputation from a defective device. The employer was liable for the injury and took it upon themselves to hire a maintenance company to repair the machine instead of returning to manufacture company to avoid a lawsuit.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2025
Injuries which occur within the course and scope of your employment are not lawsuits. They are statutory claims for workers compensation benefits. Of course, you likely already have a workers compensation lawyer so you need to keep counsel informed of anything and everything you are even thinking... View More
I had experienced a traumatic workplace incident September 2023 that resulted in amputation from a defective device. The employer was liable for the injury and took it upon themselves to hire a maintenance company to repair the machine instead of returning to manufacture company to avoid a lawsuit.... View More
answered on Feb 13, 2025
In addition to a workers' compensation claim, you may be able to bring a third-party personal injury action against an entity other than your employer for this claim if they are responsible for the cause. Based on your submission, that could either be the manufacturer or an outside,... View More
I had experienced a traumatic workplace incident September 2023 that resulted in amputation from a defective device. The employer was liable for the injury and took it upon themselves to hire a maintenance company to repair the machine instead of returning to manufacture company to avoid a lawsuit.... View More
answered on Feb 13, 2025
I'm so sorry about your accident. There's a lot to sort out in this brief summary. Your post doesn't mention if you had a workers' comp attorney. If you did, then you could focus on possible third-party claims, which my colleagues correctly point out. That could mean a case... View More
I received a settlement offer from Worker's Comp.
However, there is a stipulation in the settlement paperwork that states that I can't apply for SSDI FOR AT LEAST 30 MONTHS AND CANNOT RETURN TO WORK TO THE SAME PLACE IFI ACCEPTTHIS OFFER. Is it legal to bar me from applying for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2024
I'm sorry to hear about the challenges you're facing with your Workers' Compensation settlement. Navigating these complex issues can be stressful, and I hope the following information helps to clarify your concerns.
Disclaimer: This information is based on New York law and is... View More
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
I injured my hip in a car accident a year ago and received two workers' compensation checks. A lawyer informed me that I am required to undergo a range of motion exam, and if I don't comply, workers' compensation in New York might reclaim the money I received. I'm confused about... View More
answered on Mar 10, 2025
Generally speaking, your receipt of workers' compensation benefits (and no-fault benefits) is contingent upon your appearance for a physical examination with the insurance company's doctor (oftentimes more than once). How the physician conducts the actual examination is up to the... View More
I have images that will help explain the story
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
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
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
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
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2022
This question should be directed to your bankruptcy attorney.
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
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
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
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.
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
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
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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
