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What Happens After A Workplace Incident That Leaves You Disabled?

By Workers Compensation, Workplace Safety

You have been injured on the job and you are now being told that you will not be able to return to the work you have been performing.  What happens now?  Where do you turn, should you apply for Social Security Disability benefits?  How will Workers’ Compensation treat your permanent disability? 

Social Security Disability benefits are a federal program that one may turn to if they suffer a severe disability, illness or condition that prevents gainful employment.  According to the US Social Security Administration, state workers’ compensation programs provide approximately $60 billion each year in financial and medical-care benefits to work-related illnesses and injuries.  Social Security is also the nation’s largest disability insurance program, and each state has its own policies, for example, there are 13 states that tax social security — New York State does not carry a tax on social security.

To apply, you should be out of work for at least a minimum of 5 months with the expectation that you will continue to be out of work for 12 months, if not longer.  You can apply for ongoing benefits into the future based on your inability to return to work or also seek a closed period of benefits should you be able to return to work after a 12 month duration. 

To be clear, there is a difference between Workers’ Compensation and Social Security. Social Security is meant for workers who are severely impaired and cannot return to their previous work, and prohibits the worker from adjusting to other means of employment.  Workers’ Compensation is for those who suffered a work-related accident while performing their normal course of job duties. 

There are two major permanent disability classifications in Workers’ Compensation — temporary disability and permanent disability.   When you are classified as having a permanent disability under Workers’ Compensation, further inquiry must be made into the type of permanent injury that you have. 

Usually, if your injury involves an extremity, such as an arm, leg, hand, etc., you will be found to have a Schedule Loss of Use based on the permanent functional limitations opined by the treating physician.  Based on the medical evidence, you will be awarded a Schedule Loss of Use award (“SLU”) which means a lump sum of money based on the degree of permanent disability you are found to have.  Please note that there are exceptions where you may be found to have a permanent disability even if an extremity was involved.   This would entitle you to ongoing permanent disability payments as explained further below.

Permanent disability payments are typically for all other injuries that do not involve your extremities, such as to your back.  When you are found to have a permanent disability with ongoing future loss of wage payments an ongoing award will be made.   There are additional vocational factors that will be taken into account, such as your age, education, past relevant work, residual functional capacity and ability to transfer into a lesser demanding type of work given what you functionally can do. 

From here, temporary and permanent each include total and partial disability that will be determined by your health care provider and explain the amount of benefits you will receive.  It is very important to treat with a physician who understands Workers’ Compensation as the amount of your benefits are highly dependent on your physicians opinion of the degree of disability that you have, whether it be temporary or permanent. 

It is also important to remember that any costs related to the work-related injury that has ultimately caused a level of disability, including surgeries and medications, should be covered by your employer.

If you feel that you aren’t receiving the proper financial support, contact us so we can look into your situation and offer you the assistance you deserve. Take some time and review some of our verdicts & settlements related to social security claims here.

About Losi & Gangi

The law firm of Losi & Gangi is a general partnership of attorneys concentrating the majority of their practice on workers’ compensation matters and personal injury law.

The firm consists of partners David Paul Losi, Jeffery D. Gangi and Harry G. Modeas, with associate attorney Thorice M. Jacobs. In addition to our attorneys, the firm also employs a licensed workers’ compensation representative, Jay P. Boardway

What is workers' compensation

What is Workers’ Compensation?

By Workers Compensation

“What is Workers’ Compensation?”

While many of us may have heard of Workers’ Compensation or know someone who might have received it, they may not know what Workers’ compensation is or the process in which it is distributed to workers.

Workers’ Compensation is a type of insurance that is required by state law to provide compensation to employees who are involved in an injury or accident on the job. Additionally, Workers’ Compensation is regulated at a state level — meaning New York State laws related to Workers’ Compensation are very specific, and will differ from the laws in surrounding states such as Pennsylvania, Ohio, Massachusetts, Vermont, Connecticut and New Jersey.

In addition to understanding New York’s laws on Workers’ Compensation, it is also important to understand some key points about Workers’ Compensation:

♦ Hospital and medical expenses related the treatment of your work related injuries are covered under Workers’ Compensation. This includes prescription medications and medical supplies.

♦ You must file your claim in New York with a C-3 Employee Claim document, and under very strict time limitations.

♦ Disability payments are covered through Workers’ Compensation and usually amount to two-thirds of your “regular” or pre-injury pay. These payments are non-taxable.

♦ Work-related overuse injuries like back problems or arthritic issues and carpel tunnel syndrome can be covered under Workers’ Compensation.

♦ Certain injured workers with permanent injuries may be entitled to a settlement of their claim.

Contact us if you have any additional questions related to Workers’ Compensation

About Losi & Gangi

The law firm of Losi & Gangi is a general partnership of attorneys concentrating the majority of their practice on workers’ compensation matters and personal injury law. The firm consists of partners David Paul Losi, Jeffery D. Gangi and Harry G. Modeas, with associate attorneys Thorice M. Jacobs and Brett A Miller. In addition to our attorneys, the firm also employs a licensed workers’ compensation claimant’s representative, Jay P. Boardway.

What To Do If You’ve Been Injured In An Accident

By Personal Injury

Being injured in an accident can be an extremely traumatic experience and one that leaves many people feeling helpless and confused. 

The first and most important thing anyone who has been injured in accident should do is seek medical treatment.  Your health is the highest priority – please receive the appropriate medical assistance and treatment for your injuries before doing anything else.  When seeking medical treatment make sure that you give your physician an accurate history of how the accident occurred as well as a complete list of all the injuries you’ve sustained. 

If you believe your injury is the result of someone else’s negligence, the next thing you should do is contact a personal injury attorney.  A personal injury attorney can evaluate your claim and explain the legal process including filing deadlines, statutes of limitations and other important requirements.  A personal injury attorney can also investigate your claim, gather and preserve evidence and represent your interests in dealing with the insurance companies.     

Presenting a claim for personal injuries is not something that can be successfully done without the assistance of experienced legal counsel.  Having an attorney who will guide you through every step of the process will assure that your rights are protected and help you maximize your recovery.

Do you have additional questions? We’re here to help

About Losi & Gangi

The law firm of Losi & Gangi is a Professional Limited Liability Company whose practice is concentrated in the areas of workers’ compensation matters and personal injury law.

The firm consists of partners Jeffery D. Gangi and Harry G. Modeas, associate attorney Thorice M. Jacobs and Brett A. Miller. Patrick J. Brown is of counsel to the firm.  We also employ a licensed workers’ compensation representative, Jay P. Boardway.

Injured on the job workers compensation

What are your rights if you are injured on the job?

By Workers Compensation

It’s just another day, you go into work, and unfortunately, you’re injured while working. Experiencing an injury like this can be a difficult time in your life. You may begin to worry about your financial well-being and your rights after the incident. A job-related injury can change many things, but there is one thing that remains clear – your right to workers compensation for any loss wages suffered and the medical resources needed for the injury and illness. 

Under New York State law, Workers’ Compensation is a no-fault system which means the employer should not be able to place fault and deny coverage for an injury or illness while you are acting within the scope of your employment duties, and you often cannot sue them outside of the Workers’ Compensation system for any alleged negligence in causing your injury.  Please report and file a claim in workers compensation court as soon as you are physically able to.  There are set time limits under the law that you have to report your injury or illness to your employer and file a claim with the Workers’ Compensation Board.  Failure to do so may be detrimental to your case. 

While an injury in the workplace can be stressful and can add other stressful issues like medical bills, you should know that you are protected and you have a right to receive compensation that will get you back to health, cover your medical expenses and support you financially as you recover; all injuries and illness obtained while working should be addressed through workers compensation. 

A common question is how much you will get paid should you miss time from work.  Your average weekly wage is determined and you will receive up to two-thirds of your wages, subject to some exceptions.  You also have the right to hire a lawyer to represent you throughout the workers compensation process.  The lawyer is often instrumental in obtaining ongoing medical treatment that may be denied by the insurance carrier in connection with your claim as well as negotiating the highest rate you can get paid while being out of work. 

While no one wants to be injured in the workplace, injuries do occur in the workplace and it should be noted that the Occupational Safety and Health Act is in place for your protection because every worker should feel safe at work and have a voice. It is also illegal for any person at your employer to harass or persuade you to do anything during the process.

Sometimes you may deal with an outcome that adds insult to injury – your workers compensation claim being denied. This can be challenging, you’ve worked hard for years – yet your employer or their insurance carrier has denied your claim or refuses to support you after your injury at work. Don’t let this setback stop you from exercising your right to reach out and contact a workers compensation attorney to review your case and provide you with the insight and expertise to fight for what you deserve.

When you have received the medical resources that you require for your injury and illness and still suffer a permanent disability as a result, you may be entitled to a settlement under the Workers’ Compensation law.  The lawyer will negotiate the highest maximum amount you are entitled to under the Workers’ Compensation law. 

Workers’ Compensation is a very complex area of the law.  The issues that you may face with a work-related injury or illness can be very confusing.  However, with the right representation against the insurance carrier in connection with your case, you can concentrate on getting better and returning to the work force faster.  We take pride in working hard for hard-working Western New Yorkers. 

Want to talk about your case? Contact us today

About Losi & Gangi

The law firm of Losi & Gangi is an LLC which concentrates their practice on workers’ compensation matters and personal injury law.

The firm consists of partners Jeffery D. Gangi and Harry G. Modeas.  Losi & Gangi also employs four associate attorneys; Philip Scaffidi, Bryan W. Brooks, Jeffrey K. Moncher and Robert P. Hamilton, Jr.