Dealing with Personal Injury in Poughkeepsie

For injuries at work, whether or not you lose time from work, it is important for an employee to report the accident or injury within 30 days in writing. The law also limits the time a claim can be made to two years from the date of injury. Failure to do so can jeopardize your claim. If someone becomes injured or ill from their employment from repetitive activity or a series of events over time, such as carpal tunnel syndrome in the hands, you should report the injury as soon as you are aware that your condition is related to your work activities and file a claim to protect your rights.

Workers’ compensation insurance carriers in New York State are represented at hearings by attorneys who are experienced in dealing with claims, and they protect the insurance companies by looking for technicalities based on your actions or failure to do certain things which can lead to complicating or denying your claim.

The workers’ compensation system in New York State is designed to provide medical coverage for injuries flowing from your work activities and to compensate injured workers for time lost from work. You do not "sue" your employer. You file a claim with the workers compensation board in a claim is pursued through that system. It is very important that injured workers give their doctors complete and clear histories of an injury at work, in order that their doctors can give clear opinions as to how and injury and diagnosis is related to work activities. Each and every injury and complained should be told to your doctor, and any change in conditions should be reported to your doctor. You should be sure to explain in as much detail as possible how you were injured at work. An incomplete or ambiguous history in a medical report may not be enough to clearly show that the doctor believes the injury or condition is related to your work activities. The doctor must explain how the injury occurred, the diagnosis, and given opinion that the event and the injury are related to work activities. The failure of medical reports to clearly show how an injury is work related, can lead to problems with the claim such as delayed or denied treatment. In complete or ambiguous medical reports are a common source of problems with pursuing a workers’ compensation claim in New York State. An insurance carrier often will construe any ambiguity in its favor, if the medical report suggests or could suggest that a condition is pre-existing or otherwise not related to the injured work, or even if the report simply fails to mention that the condition is work related, even if it would seem common sense to read that it is.

In New York State, workers compensation benefits for time lost from work due to an injury after July 1, 2007 are a maximum of two thirds of your average weekly wage at the time you were injured, but not more than $500 per week, for individuals who are totally disabled, and for workers who are partially disabled, the benefits are between one half and 1/6 of the average weekly wage, but also no more than $500 per week. For injuries before July 1, 2007, the maximum benefits payable were $400 per week and continue to be in effect for injuries which occurred before July 1, 2007.

Individuals who suffer injuries at work may be eligible for awards compensation for permanent loss of use of certain body parts, such as arms, legs, hands and feet. This may be true even if someone returned to work after a relatively short time, or even did not lose any time from work at all.

Individuals who suffer injuries to the spine typically do not receive any loss of use award, but are compensated for disability flowing from the injury if the injury prevents you from working. Each person in each injury is unique. Someone who hurts their back may return to work immediately, continue to work with pain even though there is a documented injury, but not receive benefits for lost time or any other cash benefits, because they continue to work at full wages, although medical treatment is covered for life for the injury. The system can be confusing and frustrating. The insurance company has a lawyer. Do you?

Social Security disability is a federal program that is intended to provide disability benefits to people who have earned enough credits in the Social Security system, and who have become disabled due to a serious medical condition that has lasted more is expected to last a year or longer, or result in death. Social Security disability (SSD) can be awarded for both physical and mental disabilities, or a combination thereof. The standard for Social Security disability is different than in workers compensation, and generally a Social Security Administration will look to see if your condition prevents you from working at some job that exists in the national economy, not necessarily your last job, and Social Security will take into consideration your age, education and work history. If it is determined that you are capable of working in some job exists in sufficient numbers in economy, you may not be deemed disabled under their guidelines.

Under certain circumstances, injured workers may be eligible for unemployment insurance benefits, if they're not totally disabled. It is also possible for people who collect workers compensation benefits to receive Social Security disability benefits, if qualified.

Workers Compensation Poughkeepsie
Information on Workers Compensation in NY