The Staten Island lawyers at The Law Offices of Frank J. Dito, Jr. answer your questions regarding personal injury, workers’ compensation and social security disability benefits in New York.
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The most common work related injury is back strain or sprain. A few other common work related injuries are knee and leg sprains, strains and muscle tears.
Yes. If you live on Staten Island, the Workers’ Compensation Board will schedule hearings at the Staten Island hearing office. Even if you are a New Jersey resident who works in New York City, you may still have your hearings held at the Staten Island office for your convenience.
The Staten Island Workers’ Compensation hearing office is located at 60 Bay Street, Staten Island, New York. The office is open from the hours of 8:15 a.m. through 4:15 p.m.
Yes, you may file an appeal. If you disagree with the decision, you may ask a higher court to reverse or overturn the decision. Appeals from a workers’ compensation decision go to the Appellate Division, Third Department, which is located in Albany, New York.
It means that the workers’ compensation judge made a decision or a ruling on your case.
The worker’s compensation judge postponed or suspended your hearing until a future time, without making any findings.
In order for you to have a workers’ compensation claim, you must meet certain conditions. Specifically, you must establish that you had a work related accident; that you notified your employer of the accident within the time allowed by the workers’ compensation law; and that your injury is causally related to the work related accident.
When the workers’ compensation board refers to an accident date, it means either (a) the date the accident occurred or (b) the date of onset of the symptoms assigned to an occupational disease. The accident date is officially established by a Workers’ Compensation Law Judge.
A work related accident is an “event, arising out of and in the course of employment that results in personal injury to a worker.” If you were hurt at work, you most likely had a work related accident and would need to file a claim under the workers’ compensation law.
The workers’ compensation judge postponed a decision on an issue in your case until a later date. The reason is that you or your lawyer may expect that additional pertinent information may or will become available.
The Claims Information System is the system used by the Workers’ Compensation Board’s Claims Unit to record basic case information such as the parties of interest, current issues and scheduled hearings.
A claim is filed on a prescribed Form C-3 for workers’ compensation for your work related injury, occupational disease, disablement, or death. You must file a claim within a two-year period from the occurrence of the accidental injury, or your knowledge of occupational disablement, or death. Failure to file your claim may prevent your eligibility for compensation benefits unless the employer has made advance benefit payment or fails to raise the issue, in which event the claim filing requirement is deemed waived.
Causation means what was the cause of the accident happening. The fact of being the cause of something produced or of happening. The act by which an effect is produced.
Yes. The cause of accident is an object, substance or condition that directly contributed to the occurrence of your accident.
Your case number is a unique identifier assigned by the Workers’ Compensation Board at the time a case is filed. Your case number consists of 8 characters and the format is DYYSSSSS, where D is a code for the WCB district office in which the case was indexed (0,1=Brooklyn; 2=Hempstead; 5=Albany; 6=Syracuse; 7=Rochester; 8=Buffalo; 9=Binghamton); YY represents the last two digits of the year of indexing; and SSSSS is a 5-digit sequence number, beginning with 00001 on January 1.
A workers’ compensation case A reported work injury or illness which has been assembled and assigned a case number (indexed) by an indexing unit of the Workers’ Compensation Board.
The calendar is the list of the cases scheduled to be heard on a given date at a workers’ compensation board hearing location.
A “Board Panel” is usually comprised of three Workers’ Compensation Board members, at least one of whom must be a lawyer, that reviews requests to amend decisions made by Workers’ Compensation Law Judges, reopens closed cases and considers applications for lump sum non-schedule adjustment awards.
Your average weekly wages is used to calculate your total disability benefit rates. Defined at 1/52nd of the injured worker’s average annual earnings (200-300 times average daily wage, depending on work schedule), based on the prior year’s payroll data. If you were a new worker when you were injured, the workers’ compensation board will use the average wage of a comparably employed worker to determine your disability benefit rates.
The money for your attorney comes from any money that you receive at your hearing. Such fees are approved by the Workers’ Compensation judge.
In order to file a workers’ compensation claim you must have an injury that “arises out of and in the course of” your employment. An accident that “arises out of your employment” is one that results from a hazard of the employment. An accident that occurs at a time, place and under circumstances related to the employment is an injury that occurs “in the course of your employment.”
When two or more parties are responsible for the disability of the same claimant, the WCB will evaluate the relative contribution that each source made to the claimant’s permanent disability.
Cash benefits are not paid for the first seven days of your inability to return to work, unless your inability extends beyond fourteen days. If you are unable to return to work for more than fourteen days after you were first hurt, you will receive cash from the first work day off of the job. Your medical care will be paid for no matter how short or how long the time of your inability to work.
The cash amount that you will receive is based on your average weekly wage for the previous year. The workers’ compensation board uses the following formula to calculate benefits:
2/3 x average weekly wage x % of disability = weekly benefit
If you were earning $400 per week and you are totally (100%) disabled, you would receive $266.67 per week. If you were partially (50%) disabled, you would receive $133.34 per week. However, your weekly cash benefit cannot exceed the following maximums amounts, which are based on the date of accident:
Schedule of Benefits
Date of Accident Weekly Maximum
Total / Partial
July 1, 1985 – June 30, 1990 $300 / $150
July 1, 1990 – June 30, 1991 $340 / $280
July 1, 1991 – June 30, 1992 $350 / $350
July 1, 1992 – June 30, 2007 $400 / $400
July 1, 2007 – June 30, 2008 $500 / $500
July 1, 2008 – June 30, 2009 $550 / $550
July 1, 2009 – June 30, 2010 $600 / $600
A WCB Judge is appointed by the Chair of the Workers’ Compensation Board to hear and determine claims and to conduct such hearings and investigations and make such orders, decisions and determinations as may be required in the adjudication of the claims. A Judge’s decision is deemed the decision of the Board unless the Board modifies or rescinds such decision.
The board is the agency charged with administering the Workers’ Compensation Law. The thirteen member Board is responsible for determining all issues involving claims under the WCL. Members are appointed to seven-year terms by the Governor of New York, by and with the advice and consent of the Senate. The Governor designates the Chair and Vice-Chair.
For the first 7 days after your injury, lost wage benefits are not available to you unless your disability exceeds 14 days. If your disability from your injury exceeds 14 days, wage benefits are payable from the first day of your disability.
The workers’ compensation law will assign an artificial wage rate to you or other young claimant, to help determine how much money you would have lost over your lifetime.
You may still be eligible for workers’ compensation benefits. The workers’ compensation board has established an “uninsured employers’ fund” which provides for the payment of workers’ compensation cases where the employer was not insured nor self-insured and has not paid previously awarded workers’ compensation benefits. In some circumstances, you may be able to bring a personal injury lawsuit against your employer for his failure to have workers’ compensation insurance.
A trial calendar hearing is a hearing on your claim before a workers’ compensation law judge. It is designed to allow the introduction of evidence and/or witnesses and the presentation of arguments by the parties.
Total disability under the workers’ compensation law means that you lack the ability to work in some substantially gainful occupation without serious discomfort or pain and without further injury to your health or danger to life.
Yes you may be able to bring a lawsuit. A third-party action refers to lawsuits against any other negligent party, including equipment manufacturers, facility owners and other non-employer parties whose products or services contributed to your accident. Under the workers’ compensation law, you are unable to sue your employer, but lawsuits may be started against third parties for product defects, slippery floors, etc.
A tentative rate is a weekly rate assigned by the Workers’ Compensation Board for the insurance carrier to pay you indemnity payments, while awaiting the final outcome of the determination of any outstanding issues relating to your final benefit rates.
Symptomatic treatments are medical treatments aimed at providing relief from the symptoms of a disease or injury, rather than providing a permanent remedy to the underlying condition.
No. A stop work order means that a business must cease all operations immediately until the Stop Work Order is officially removed. The law states that a business may be issued a stop work order if it does not have workers’ compensation coverage in place.
The special funds is established under the workers’ compensation law to assure continued payments of benefits associated with workers’ compensation claims, usually by transferring all or part of the liability to the Fund.
Maximum benefit week schedules in the WCL are generally used in determining lifetime benefits for injuries to major body parts. Injuries amounting to less than total functional loss are awarded a percentage of the scheduled weeks, and there are also provisions for additional weeks required for a longer healing period based upon your injury.
A request for review is essentially a request to have a Board Panel review a Workers’ Compensation Law Judge decision. It is similar to an appeal.
A review bureau processes requests for reopening’s of closed cases and objections to Workers’ Compensation Law Judge decisions.
A Board Panel issued a decision which voids a Workers’ Compensation Law Judge decision. Decisions to rescind are usually issued without prejudice in order to allow the parties to present evidence or testimony not previously presented to a Workers’ Compensation Law Judge.
When you file a request for further action, you are asking the board for their help in obtaining medical or economic relief. The board may issue a proposed decision after reviewing your claim or schedule a hearing where the judge may rule on your request.
The reopened cases fund was established to assume liability for any additional awards in workers’ compensation cases in which the application to reopen the case occurs more than seven years from the date of injury and more than three years from when your case was closed. The Fund is financed through assessments made periodically against all insurance carriers.
Yes. A workers’ compensation case that was closed can be reopened to determine your eligibility for further benefits.
Your employer or their insurance carrier is notifying the workers’ compensation judge that they have paid you more money than the judge awarded. They are asking for a “credit” against any future awards.
A reduced earnings claim is a compensation rate based on your partial wage loss or your partial loss of earning capacity because of your medical condition resulting from your work related injury.
Any injury, such as a fracture, sprain, amputation, etc. – which results from a work accident or other exposure involving a single accident in the work environment.
An occupational illness is any abnormal condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment; it includes acute and chronic illnesses or diseases which may be caused by inhalation, absorption, ingestion or direct contact.
In order to claim an occupational disease, you must meet certain conditions. Specifically, it must be established that you have a recognized occupational disease and that you have given timely notice of your disease and that there exists a causal relationship between your work-related activities, your exposure and subsequent disability.
An occupational disease is a disease arising from employment conditions for workers where the disease occurs as a natural incident for their particular occupations. To be considered an occupational disease, there must be some link between the disease and some distinctive feature of the workers’ job.
Yes. Notice is a written notification from you to your employer, indicating that you were injured at work. You must provide notice to your employer must be given no later than 30 days after the accident. You may also speak to your supervisor about your work related injury.
Non-fatal injuries that do not involve schedule permanent partial disabilities or cosmetic facial disfigurement and in which the claimant retains some earning capacity are assigned permanent disability benefits based on the claimant’s actual or presumed wage loss, with benefits to continue for the duration of the wage loss disability.
A non-compensated case is a closed case which there was never an award of non-medical benefits.
In a motion calendar hearing where no controversy or outstanding issue exists, the board will prepare a proposed decision and notify the parties. A hearing will be held only if one of the parties objects to the proposed decision.
When a decision is modified, it partially changes a previous decision from a workers’ compensation judge or board panel decision.
Medical treatment is medical care administered by a physician or other medical provider.
Medical benefits are medical treatment provided under the Workers’ Compensation Law to injured workers as a result of injuries arising out of and in the course of their employment.
Yes you may still receive medical treatment. Maximum medical improvement is an opinion of a doctor that you have recovered from your work injury to the greatest extent expected and that your condition is not likely to change. A finding of maximum medical improvement is normally followed by a determination of the permanent disability level of a claimant.
A lump sum settlement is a negotiated and Board-approved agreement between a claimant with a permanent partial disability and the insurer(s). As a result of the agreement the claimant receives a sum of money which would represent the future compensation for his/her permanent partial disability, and your case is considered closed. Under WCL .15(5-b), granting of a settlement by the Board requires that (a) the right to compensation has been established and compensation has been paid for at least three months, (b) the continuance of disability and of future earning capacity cannot be ascertained with reasonable certainty, (c) there has been a physical examination of the claimant prior to approval, and (d) the Board considers the settlement “fair and in the best interest of the claimant.” In practice, lump sum settlements are usually final, but the law provides for your case to reopen if the Board finds that there has been a change in your condition or degree of disability not contemplated at the time of the settlement.
Yes. If your disability lasts longer than 14 days, you will receive benefits from the first day of your disability. If you return to work with 14 days from your injury, you will not receive any lost time from workers’ compensation.
An indexed claim is when your claim case folder which has been assembled and assigned a case number by the workers’ compensation board.
There are six types of award are permitted by the WCL for non-medical loss:
- temporary total disability benefits – for periods when you have been unable to work
- temporary partial disability benefit – for periods when you have been unable to work your normal hours or at your normal pay
- facial disfigurement awards – are subject to a judge’s discretion for facial disfigurement resulting from your work-related accident;
- permanent partial disability benefits – are awards for loss of physical function or for periods of partial wage loss after a claimant has been classified as having a permanent partial disability;
- permanent total disability benefits – are for loss of your wage earning capacity after you have been classified as having a permanent disability; and
- death benefits – which are compensation benefits awarded to a spouse, children or other family members following a work-related death.
A hearing allows for all interested parties to be present before a Workers’ Compensation Law Judges for the purpose of ascertaining the rights of the parties. The parties have the right to present evidence, including witnesses, to determine their legal rights. The Workers’ Compensation Board, upon receipt of an application for review of a judge’s decision, may also hold hearings.
A final adjustment hearing is held in cases involving the loss or loss-of-use of a member or organ of the body in which the principal issue at the hearing is the extent of loss or loss-of-use, such as a scheduled loss of use. The hearing will normally involve possible testimony of your doctor and the insurance carrier’s doctor.
A single-digit numeric code used by the WCB’s Research and Statistics unit to characterize the disability classification assigned to a case closed with indemnity benefits.
The codes are:
0 = Death case
1 = Permanent total disability
2 = Permanent partial disability (PPD) – Schedule award only
3 = Facial disfigurement award only
4 = Schedule PPD and facial disfigurement award
5 = Temporary disability only
6 = Temporary disability and facial disfigurement award
7 = Non-schedule PPD – Lump sum settlement
8 = Non-schedule PPD – No present loss of earnings
9 = Non-schedule PPD – Carrier to continue payments
Under workers’ compensation, you give up the right to sue your employer in exchange for medical care and payment for your lost time and injuries. In New York State, if you were hurt at work, you must complete your treatment according to the workers’ compensation law.
A C-7 is a Workers’ Compensation Board form titled “Notice that Right to Compensation is Controverted.” The insurance carrier must file this report with a certain time limit if they are claiming that the claim is controverted. The form contains basic information about the parties and the reasons why right to compensation is controverted.
The examiner will perform examining work, apply knowledge of law and of Board rules, regulations, policies and procedures to compensation and disability benefit cases. Examiners may determine whether a case should be indexed, provide information for judges to make decisions, request additional information for the claim, refer appropriate cases to conciliation and prepare formal notices based upon the judge’s directions.
A District is one of the seven regions of New York State that have offices of the Workers’ Compensation Board. The seven regional offices are located in Albany, Binghamton, Brooklyn, Buffalo, Hempstead, Rochester and Syracuse.
A dependent is a person eligible to receive death benefits in a fatal injury case. Surviving widows and children under age 18 years are eligible for benefits without proving dependency. Grandchildren, brothers and sisters under age 18 and parents and grandparents may all be considered dependents.
When you close a case, it is removed from further consideration. A judge will normally decide to close a case based on the judge’s determination that no further rulings by the Board will be necessary in the case. A Board Panel may also close a case.
The case will remain open and any additional matters will be resolved at a future hearing.
A C-3 is a Workers’ Compensation Board form titled “Employee’s Claim for Compensation” that is completed by you and submitted to the Board within two years of the accident or onset date. The C-3 form contains information describing you, your employer, where and when the accident happened, your injuries and benefits received.
If your case is controverted, it means that your employer is disputing how your accident or injury occurred. You may not receive benefits during the time your employer is disputing your claim. Usually, the issue must be tried before a workers’ compensation law judge where you will testify , along with any witnesses for or against your claim.
A C-4 is a Workers’ Compensation Board form titled “Attending Doctor’s Report,” that provides information about your injuries. This form is to be filed by your doctor within two days of your initial treatment, with additional reports during continued treatment, including a final report.
A decision is a determination of a Workers’ Compensation Judge or Board Panel arrived at after consideration of an issue at a hearing. The decision may contain approval for your continued medical treatment, monetary awards that the insurance carrier is required to pay as well as future hearing dates.
NO. Most insurance companies know that you are a little dazed and confused right after your traffic accident. They would like to take advantage of this and have you sign your rights away. Don’t do it! Don’t sign anything until your vehicle is repaired, all of your injuries are healed and you have spoken with a lawyer.
Every state has certain time limits, called “statutes of limitations,” which govern the amount of time you have to file a personal injury lawsuit. In some states, you may have as little as ninety (90) days to file a claim after an accident. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. Consequently, it is important to talk with a lawyer as soon as you suffer or discover an injury.
This is a difficult question to answer without knowing all of the facts and circumstances involved. First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was someone else’s fault. The success of a case will depend on the specific facts involved and the laws of the jurisdiction or region where the incident occurred. Generally, if you can show that the party responsible for your injuries was negligent and violated some duty of care (e.g., causing a car accident or making a dangerous product), then you probably have a claim against that party for the amount of damages you have sustained.
Our fee is contingent on the outcome of your case. That is, if a recovery is obtained for you, our fee is a percentage (usually one-third) of the amount collected. No attorney fees will be paid if there is no recovery. However, the law requires that a client is ultimately responsible for the costs incurred. In most cases, our office will advance all costs necessary to pursue your claim so you will not have to pay any money up front. Costs are then paid out of the recovery at the conclusion of your case.
In most states if you are not at fault for an accident, your insurance company cannot raise your rates, cancel your coverage or fail to renew you.
Yes you can. There is no law that says you can’t. But settlements are all about information. To get a good settlement, you must gather the right information and use it to your advantage at the right time during negotiations. That’s what a lawyer does best. Before you handle your settlement yourself, you need to know what information to use and when. Lawyers that specialize in accident cases deal with injuries and insurance companies everyday.
You may have a claim for uninsured motorist (UM) benefits under your own policy. If you make a UM claim, your own carrier has the right to use all defenses that the other driver may have had against you. Many people make the mistake that they will be treated better by their own insurance company. This simply is not true. Your insurance carrier will be allowed to assert all defenses available to the at-fault driver, and the carrier almost always does. A UM claim therefore creates an adversarial relationship between you and your own insurance carrier. It is wise to retain an experienced attorney before asserting a UM claim. As can be expected, your own carrier will NOT be looking out for your interests (even though you are its insured!). Instead, your insurance carrier will be looking for ways to pay out as little money as possible, despite what your injuries are worth. In the event you do not have UM coverage, you may have no other means of obtaining fair compensation for your injuries. This is why you should always carry UM coverage, preferably with limits of at least $100,000.
BI stands for “bodily injury.” This type of coverage will pay claims for injuries you negligently cause to another person as a result of the use of your car. New York state law requires that every driver to carry insurance for bodily injury with policy limits of at least $25,000. UM/UIM stands for “uninsured motorist” or “underinsured motorist” coverage. If you are injured by a negligent driver who does not have liability insurance (or inadequate liability insurance), you may make a claim against your own insurance carrier if you have UM coverage. When you make a UM claim, your insurance carrier “stands in the shoes” of the negligent driver and is permitted to assert all defenses that this driver may have had against you (e.g., failure to wear a seat belt, failing to yield, etc.). PIP stands for “personal injury protection.” PIP, more commonly know as No-Fault in New York, pays for your reasonable and necessary medical expenses, as well as lost wages, regardless of who is at fault for the collision. PIP is included by law in every policy of automobile insurance written in the State of New York.
When you hire a lawyer the legal fee that you are charged will either be based on an (a) hourly fee or (b) a contingent fee. Contingency fees are most common in personal injury and accident cases where the fee paid to the attorney is “contingent” upon you obtaining a monetary recovery. Typically the contingency fee will be a percentage of the judgment or monetary settlement obtained on your behalf.
Playground injuries are most common in children ages 5 to 9. Children between these ages are more likely to have to be taken to the emergency room due to the injuries they receive.
The most common playground injuries of children who visited the emergency room are severe fractures, internal injuries, concussions, dislocations and amputations.
Deaths caused by playground injuries usually occur due to strangulation or falling from playground equipment.
Also, according to the Center for Disease Control and Prevention (CDC) a study done in New York City found that low income areas had more playground injuries related to poor maintenance than higher income areas. Playground injuries in New York City low income areas were mostly due to trash, rusty playground equipment and broken playground equipment.
The most common injury in motorcycle accidents are leg injuries. Other common injuries sustained by people involved in motorcycle accidents are brain injuries and spinal cord injuries.
There are many types of injuries that you can sustain from a car accident. While some injuries may be minor when involved in a car accident there are also many life threatening injuries that may occur. The most common injury caused by car accidents is whiplash followed by back injury, head and brain trauma, spinal cord injury and knee injury.
There isn’t anything that can guarentee that your child won’t get bit by a dog but there are a few dog safety tips you can instill in your children to prevent them from getting bit by a dog. The Center for Disease Control and Prevention (CDC) recommends these rules:
- Do not approach an unfamiliar dog
- Do not run from a dog or scream
- Remain motionless
- If you are knocked down by a dog, roll into a ball and stay still with your hands over your ears
- Do not let your child play with a dog unless they are being supervised by an adult
- Report any stray dogs or any dogs that display any unusual behavior
- Avoid direct eye contact with unfamiliar dogs
- Do not disturb a dog when it is sleeping, eating or caring for puppies
- Let a dog sniff you before you pet it
- If your child is bit by a dog let them know to report the bite to an adult immediately so they can receive proper medical attention
If your child has been bitten by a dog contact New York dog bite attorney Frank Dito.
If you are attacked by a dog try to put something between you and the dog to avoid it biting you such as a jacket, purse or any other object around you. If the animal knocks you onto the ground you should curl up into a ball, put your hands over your ears and try to remain completely motionless.
If you are placed in a situation where you think you may get attacked by a dog follow these rules:
- Do not scream
- Do not run
- Avoid eye contact with the dog
- Once the dog loses interest in you, slowly back away from the dog
In New York, you must bring a lawsuit within three (3) years from the date of the car accident. Although you have three years, it is important that you contact a lawyer right away to help you with your accident claim.
Yes. If you or a relative you live with owns a car, your daughter will be entitled to No-Fault benefits through your or your relative’s insurance policy. He or she will also be able to claim uninsured motorist benefits against that insurance company to compensate her for her injuries. If you don’t own a car, in New York State, a claim can be made to the Motor Vehicle Accident Indemnification Corporation (MVAIC). Your daughter will be entitled to No-Fault benefits as well as be able to recover for her pain and suffering. However, the time to do so is extremely limited by law so it is important that you contact my law firm immediately.
Unfortunately, there is no magic formula which will help you to arrive at that answer. Through years of experience handling personal injury cases, our firm has gained the knowledge of what similar injuries are worth. Although each case that comes into my office is at least slightly different, we can identify a range in which your injuries are valued once your medical treatment stabilizes and your injuries become apparent.
The largest portion of a personal injury award is for the pain and suffering you have endured. Since you and only you experience the pain resulting from your injuries, it is very difficult to quantify financially because it is so subjective. In determining the range, we take into account your injuries, the impact that they have had on your life, whether they are permanent and what medical treatment will be needed in the future, the extent and duration of your medical treatment and prior jury verdicts or arbitration awards. In calculating damages, we also take into account if you had to pay for your medical treatment and if you lost time from work.
While you don’t need a lawyer to represent you in your accident case, you can be rest assured that the insurance company will have professionals working for them. The insurance adjusters have experience in dealing with accident cases everyday and know how to try and settle your case for as little money as possible. Personal injury lawyers specialize in handling only accident cases and know the true value of your injuries. Even after deducting the lawyer’s fee, studies have shown that you will recover more money being represented by an attorney than you would if you represented yourself. Accident cases are filled with pitfalls that you must be aware of to ensure a successful outcome. In certain cases, there are specific rules that even some attorneys are not aware of. The failure to follow these rules may prevent you from recovering any money for your injuries. So although you don’t need a lawyer, you should always consult with an experienced attorney to advise you of your legal rights.
The coccyx, or tailbone, is the triangular bony structure located at the bottom of the spinal column. It is composed of three to five bony segments held in place by joints and ligaments.
A coccyx or tailbone injury results in pain and discomfort in the tailbone area (the condition is called coccydynia). These injuries may result in a bruise, dislocation, or break (fracture) of the coccyx. Although they may be slow to heal, the majority of coccyx injuries can be managed with conservative treatment.
The majority of coccyx injuries occur in women because the female pelvis is broader, and the coccyx is more exposed.
Coccyx injuries are often extremely painful, so home care is aimed at controlling pain and avoiding further irritation to the coccyx.
- Avoid sitting down for long periods of time. When seated, sit on hard surfaces and alternate sitting on each side of the buttocks. Also, lean forward and direct your weight away from the tailbone.
- For traumatic injuries, apply ice to the tailbone area for 15-20 minutes, four times a day, for the first few days after the injury.
- Use ibuprofen, or a similar pain medicine, as directed on the label, for pain control.
- You can purchase a “doughnut” cushion or pillow to sit on. This cushion has a hole in the middle of it to prevent the tailbone from contacting the flat surface.
If you experience unusual pain or bleeding, call your doctor immediately!
The workers’ compensation board will allow you to refile your case and order that an Examiner is to review the case by a specified future date.
Reconstructive surgery can help repair the part of your child’s body that was affected by the dog attack whether it is a facial laceration, forehead laceration, torn eyelid, lip laceration or a laceration on your child’s hand, foot or any other part of their body. During the surgery the surgeon will try their best to re-attach or reconstruct your the wounded area. Sometimes reconstructive surgery can leave visible scars depending on the severity of the dog bite for this there are options such as scar cream or plastic surgery if you wish to do so.
The diet pills that were listed in the recall by the FDA for not listing dangerous ingredients are listed below along with a the dangerous “missing drugs” from the diet pill label:
- 2 Day Diet – sibutramine
- 2 Day Diet Slim Advance – sibutramine
- 2x Powerful Slimming – sibutramine
- 3 Day Diet – sibutramine
- 3 Days Fit – sibutramine
- 3x Slimming Power – sibutramine, phenytoin
- 5x Imelda Perfect Slimming – sibutramine
- 7 Day Herbal Slim – sibutramine
- 7 Days Diet – sibutramine
- 7 Diet – sibutramine
- 7 Diet Day/Night Formula – sibutramine
- 8 Factor Diet – sibutramine, phenolphthalein
- Eight Factor Diet – sibutramine
- 21 Double Slim – sibutramine
- 24 Hours Diet – sibutramine, phenolphthalein
- 999 Fitness Essence – sibutramine
- BioEmagrecim – fenproporex, fluoxetine, furosemide
- Body Creator – sibutramine
- Body Shaping – sibutramine
- Body Slimming – sibutramine
- Cosmo Slim – sibutramine
- Extrim Plus – sibutramine, phenytoin
- vExtrim Plus 24 Hour Reburn – sibutramine
- Fasting Diet – sibutramine
- Fatloss Slimming – sibutramine, phenolphthalein
- GMP – sibutramine
- Herbal Xenicol – cetilistat
- Imelda Fat Reducer – sibutramine
- Imelda Perfect Slim – sibutramine, phenolphthalein
- JM Fat Reducer – sibutramine
- Lida DaiDaihua – sibutramine
- Meili – sibutramine
- Meizitang – sibutramine
- Miaozi MeiMiaoQianZiJiaoNang – sibutramine
- Miaozi Slim Capsules – sibutramine
- Natural Model – sibutramine
- Perfect Slim – sibutramine
- Perfect Slim 5x – sibutramine, phenolphthalein
- Perfect Slim Up – sibutramine
- Phyto Shape –rimonabant
- Powerful Slim – sibutramine
- ProSlim Plus – sibutramine
- Reduce Weihgt – sibutramine
- Royal Slimming Formula – sibutramine, phenolphthalein
- Sana Plus – sibutramine
- Slim 3 in 1 – sibutramine
- Slim 3 in 1 Extra Slim Formula – sibutramine
- Slim 3 in 1 Extra Slim Waist Formula – sibutramine
- Slim 3 in 1 M18 Royal Diet – sibutramine
- Slim 3 in 1 Slim Formula – sibutramine
- Slim Burn – sibutramine
- Slim Express 4 in 1 – sibutramine
- Slim Express 360 – sibutramine
- Slim Fast – sibutramine
- Slim Tech – sibutramine
- Slim Up – sibutramine
- Slim Waist Formula – sibutramine
- Slim Waistline – sibutramine
- Slimbionic – sibutramine
- Sliminate – sibutramine
- Slimming Formula – sibutramine
- Somotrim – sibutramine
- Starcaps – bumetanide
- Super Fat Burner – sibutramine
- Superslim – sibutramine, phenolphthalein
- Super Slimming – sibutramine
- Trim 2 Plus – sibutramine
- Triple Slim – sibutramine
- Venom Hyperdrive 3.0 – sibutramine
- Waist Strength Formula – sibutramine
- Xsvelten – sibutramine
- Zhen de Shou – sibutramine, phenolphthalein
Personal injury lawyers do not usually charge you anything until your case is settled. A personal injury lawyer will normally meet with you before taking your case to evaluate whether or not you have a legitimate case against the person you are starting a lawsuit against. If the injury attorney feels as if you have a win-able case they will have you sign a retainer statement. Once your injury case is settled the attorney will usually get 33 1/3% of the amount you are compensated from the case and will also take out any additional charges you incurred during the time of the case (such as charges for copies of medical records, expert witnesses ect.).
Keep in mind that not all injury attorneys have a no cost policy during the time your case is going on the way our firm does and you should always review their policies prior to signing a retainer statement. Some injury law firms may charge you for costs you incur throughout the case but may not lay out the money for you in the same way we described we do in the previous paragraph. They may actually charge you upfront for all costs – because of this always keep in mind to ask questions before signing any papers with a lawyer.
- 2009, 2010 Pontiac Vibe
- 2007, 2008, 2009, 2010 Lexus ES 350
- 2006, 2007, 2008, 2009, 2010 Lexus IS 250 and IS 350
- 2010 HS250h
- 2005, 2006, 2007, 2008, 2009, 2010 Avalon
- 2007, 2008, 2009, 2010 Camry
- 2009, 2010 Corolla
- 2008, 2009, 2010 Highlander
- 2009, 2010 Matrix
- 2004, 2005, 2006, 2007, 2008, 2009, 2010 Prius
- 2010 Prius Plug in Hybrid
- 2009, 2010 RAV4
- 2010 Sai
- 2008, 2009, 2010 Sequoia
- 2005, 2006, 2007, 2008, 2009, 2010 Tacoma
- 2007, 2008, 2009, 2010 Tundra
- 2009, 2010 Venza
If you are involved in a car accident while you are pregnant no matter how far along you are, visibly injured or not, you should contact your health care provider right away or go to the nearest hospital.
Recalled toys can be very dangerous causing problems from lead poisoning to lacerations to choking. You can determine if your child’s toy has been recalled by using the following steps as a guide:
- Stay informed – The only way you will know if your child’s toy may have been recalled or not is by taking steps to making yourself aware of recalled products. A few ways you can keep an eye out for toy recalls is by signing up to a website (such as the Consumer Product Safety Commission site) or blog that offers recall announcements, watching the news or reading the news online incase a recall is announced, or fill out a product card (this is a card that is sometimes sold with children’s products and toys – you fill out a postcard and mail it in to the company and if the product is ever recalled they are supposed to contact you to inform you).
- Check the name and model number – Usually when a toy recall is announced the model number is announced with the recall. The model number can usually be found on the toy itself but where exactly on the toy the model number is located will vary depending upon what type of toy it is. If it is a plush toy it may be located on a tag whereas if it is a hard plastic to it may be imprinted onto the toy itself.
- Call the manufacturer or place of purchase – The majority of the time that a recall is issued you will want to contact the manufacturer of the product in order to find out how you are to be refunded for the product or if there is a fix for the recalled toy. In some instances though the manufacturer may be out of business and the recall may have been issued directly from the Consumer Product Safety Commission. In this case stores who sell the product usually will deal directly with the recalled toy and you should contact them.
- Call an injury lawyer – This step should only be taken if your child has been injured or has become ill because of a recalled toy. If this is the case contacting an injury lawyer will help you understand what your rights are against the manufacturer of the toy.
Toyota has a section on their website where you can enter your VIN to find out if your vehicle has been recalled and what repairs it needs.
The number for Toyota’s consumer affairs department is 800-331-4331.
In New York you have up to three years (3 years) to file a lawsuit that has to do with negligence having to do with a motor vehicle accident, slip and fall, trip and fall, dog bite or other similar situation before the statute of limitations runs out.
There are many law firms throughout New York City that offer a form of representation where the client does not have to pay for the injury attorneys until their case is won. At these type of law firms no money comes out of your pocket for settling your case until the case is settled and the attorney takes their fee out of the money.
New York injury lawyers are usually paid based on a contingency based fee which is 33 1/3% of the settlement amount plus whatever expenses need to be paid on your behalf to settle your case.
Being involved in a car accident with injuries can make the period of time to collect from the insurance company from the accident seem like an eternity. When you are unable to work because of your injuries, have medical bills piling up and are waiting for the person at fault’s insurance company to settle your claim but they are taking a long time or have denied your claim or are offering you a significantly lower amount than what you feel as if you deserve you should contact a Staten Island car accident lawyer to speak on your behalf to the insurance company. Insurance companies know that attorneys are experienced in car accident law and will be able to not only settle your case quicker but often times are able to recover more money from the insurance company than if you had not hired an attorney.
To speak with Frank J. Dito Jr. Staten Island car accident attorney, contact The Law Offices of Frank J. Dito, Jr. for more information about your case – 718-701-2776. We will contact you to set up a free consultation.
Leandra’s Law, also known as the Child Protection Passenger Act, is a driving law in New York State. The law was named after an 11 year old girl who died in a car accident in 1999 when she and seven other children were riding with her friends mother who was driving drunk. The mother who was directly the cause of the car accident and the death of Leandra Rosado now faces manslaughter charges.
Leandra’s Law is a New York driving law that includes the following provisions:
- Automatic felony against a drunk driver who is driving with a child 15 years old or younger in the car; and
- Sets the blood alcohol content (BAC) at 0.08
The medical term for this procedure is called Radio-Frequency Ablation, or RFA, where your doctor will cauterize the nerve or nerves that they believe is causing the pain. The procedure involves heating up the nerve tissue with the electrical current produced by a radio wave. The procedure is not a permanent solution as the nerves will begin to regenerate within 6-12 months. At that point, you will have to have the procedure repeated. Besides the immediate pain relief, which up to 70% of patients experience, if an individual nerve can be identified as causing your pain, the doctor will then be able to focus future treatment on the specific area.
During RFA, you will be administered local anesthesia and your doctor will then insert a small needle into the area where you are experiencing pain, using an x-ray as a guide. Once the doctor identifies the general area, he will then insert a small electrode to begin to stimulate the area to determine if they are operating on the correct nerve tissue. Once the doctor identifies the correct area, a radio frequency current is sent to the area, causing the tissue to heat up. You do not feel any pain during this process.
The difference between the amount that your insurer pays you and the amount that is owed to the bank on your loan is known as GAP. In New York, the law does not require that gap insurance or a gap waiver be offered to you.
In many new car leases in New York, such as those from Honda, Ford, Hyundai and GM, gap coverage is automatically included in your lease. For leases outside of New York, gap coverage may not be included.
If you financed your vehicle through the car company or a bank, gap coverage may not be automatically included. Instead, the car dealer must notify you, by a separate document, that you would be liable for the gap.
Make sure that your lease or financing agreement includes gap insurance or a waiver. That is the time when you need to buy coverage, if it’s not already included. If you did not have gap coverage and were in an accident, the only way that you would be able to make up the gap would be to start a lawsuit against the other person’s insurance company.
Trauma or, more commonly referred to as, an injury refers to any body damage due to physical damage or impact. The degree of the injury or trauma can range from mild to limb threatening or life threatening.
Stage 4 bed sores are the most serious and advanced stage. A large-scale loss of skin occurs, along with damage to underlying muscle, bone, and even supporting structures such as tendons and joints. If not treated immediately, serious infection will occur.
Stage 3 bed sores is when the damage has extended to the tissue below the skin, creating a deep, crater-like wound.
Stage 2 bed sores is when some skin loss has already occurred. The wound is now an open sore that looks like a blister or an abrasion, and the surrounding tissues may show red or purple discoloration.
Stage 1 bed sores are a persistent area of red skin that may itch or hurt and feel warm and spongy or firm to the touch. Stage I sores are superficial and go away shortly after the pressure is relieved and proper medical care is administered.
If you were injured in a car accident and the other insurance company is not admitting fault but you believe that you were not at fault and then were you will want to contact an experienced car accident lawyer to review your case. This will entail reviewing the police report and any other evidence you have from the car accident scene. The lawyer will also review your any reports from the doctor or hospital dealing with your injuries. Depending on who is at fault based on the information the lawyer may be able to proceed with filing a lawsuit against the insured and the insurance company for compensation for your injuries and damages to your car.
Back injuries from a car accident can vary in severity and can be to many different places in the back. These factors will also determine how much compensation you deserve for your back injury. Insurance companies sometimes offer less for injuries than what they should. Before accepting any settlement offers it is important to speak with an experienced injury lawyer to determine if the amount you are being offered for your back injury is sufficient. If it is not a sufficient amount it may be in your best interest to hire an injury lawyer for your back injury case.
For more information on back injuries from a car accident in New York continue reading here.
Neck injury settlement amounts can vary depending on what part of neck the injury was to and how severe the injury is. This is something that is determined on a case by case basis in order to figure out how much you should be receiving for your neck injury. Insurance companies usually try to offer the lowest amount possible for injuries to save their company money. It is important that you speak with an experienced injury lawyer before accepting a settlement amount from an insurance company to make sure the amount you are being offered is a good settlement amount.
For more information on neck injuries from a car accident in New York continue reading here.
A head injury from a car accident in New York can vary in regards to how much compensation should be given for a head injury. The amount can vary depending on the severity of the injury and what part of the head the injury is to. Insurance companies usually offer the lowest amount possible for injuries so it is important to speak with an experienced car accident injury lawyer in your area to help you determine if the amount the insurance company is offering is a good amount. If not you may benefit by hiring an injury lawyer who is experienced in car accident cases to help you obtain the most money possible for your head injury.
For more information on head injuries from a car accident in New York continue reading here.
A knee injury from a car accident can range in severity so it depends on what part of the knee was injured and how badly the knee was effected by the injury. Generally if an insurance company is offering you a settlement amount for a knee injury it is important that you speak with an experienced car accident lawyer to determine if the amount of compensation for the knee injury is a sufficient amount. Often times insurance companies will try to take advantage of people when they know a lawyer is not involved and will try to offer you the lowest settlement amount for your injury possible. Hiring an injury lawyer may increase the amount of money you receive for your injury.
For more information on knee injuries from car accidents continue reading here.
If you were injured in a car accident you may want to consider having your case reviewed by a personal injury lawyer in your area. A personal injury lawyer specializing in car accident cases will be able to help you determine if the amount the insurance company is offering your for you injuries is enough compensation for the injuries you sustained. Often times insurance companies will offer injured parties less than what they are really entitled to just to try to settle the case quick and with the least amount of money going out of the insurance company’s pocket. Hiring an injury lawyer with knowledge of how insurance companies work will allow you to get a higher settlement amount from the insurance company.
A traumatic brain injury is a form of acquired brain injury which usually occurs when a sudden trauma causes damage to the brain. Traumatic brain injuries can result when a violent blow to the head occurs or if an object pierces the skull and enters the brain tissue. Symptoms of a traumatic brain injury range depending on if the traumatic brain injury is moderate or severe. Traumatic brain injuries are very time sensitive in the sense that depending on how soon a person experiencing severe trauma to the head receives medical attention may depend on the severity of the traumatic brain injury. Treatment for a traumatic brain injury may vary depending on the severity of the injury to the brain.
A traumatic brain injury (TBI) occurs when an external force traumatically injuries the brain. Traumatic brain injuries are normally classified into different categories based on how the traumatic brain injury occurred. Below is a list of different types of traumatic brain injuries:
- Open head injury
- Closed head injury
- Deceleration Injury
- Chemical/Toxic Injury
- Hypoxia (Lack of Oxygen)
Health problems caused by PCBs are as follows according to the Environmental Protection Agency (“EPA”):
- Cancer – Data strongly suggests that PCBs are probable human carcinogens
- Immune effects – Probable issues including decrease in size of the thymus gland, reductions in the response of the immune system following a challenge with red blood cells, a decreased resistance to Epstein-Barr virus and other infections, susceptibility to pneumonia and viral infections.
- Reproductive effects – Potentially serious effects on the reproductive system such as a reduction in birth weight, reduction in conception rates, reduction in gestational age, reduction of live birth rates, and a reduction in sperm count.
- Neurological effects – Potential issues such as deficits in neurological development, including visual recognition, short-term memory and learning. These effects can present themselves due to exposure of ones self to PCBs or may present itself through the birth of a child by a person who was previously exposed to PCBs.
- Endocrine effects – Potential decrease in thyroid hormone levels
- Other possible effects – Possible elevation in blood pressure, serum triglyceride, and serum cholesterol
Alternate names PCBs or products containing PCBs were sold under:
- Biphenyl, chlorinated
- Chlorinated biphenyl
- Chlorinated diphenyl
- Diphenyl, clorinated
- MCS 1489
- Polychlorinated biphenyl
- Polychlorinated biphenyls
- Polychlorinated diphenyl
- Polychlorinated diphenyls
For additional information about the toxicity of PCBs continue reading in our PCB section.
The appearance of PCBs ranges from a thin, light colored liquid to yellow or black waxy solids.
For additional information regarding the toxicity of PCBs continue reading on our website.
Common places PCBs were used prior to being banned in 1979 were in the following places:
- Transformers and capacitors
- Other electrical equipment including voltage regulators, switches, reclosers, bushings, and electromagnets
- Oil used in motor and hydraulic systems
- Old electrical devices or appliances containing PCB capacitors
- Fluorescent light ballasts
- Cable insulation
- Thermal insulation material including fiberglass, felt, foam, and cork
- Adhesives and tapes
- Oil-based paint
- Carbonless copy paper
- Floor finish
For additional information about over-exposure to PCB’s continue reading our PCB section.
There have been studies done that show that overexposure to PCBs can cause learning disabilities and may even cause autism. Animals tested in recent studies show that those that were exposed to higher amounts of PCBs led to poorer learning ability and an over-activity in the part of the brain responsible for memory. There are also studies that directly link PCBs to “brain plasticity” which is related to schizophrenia, mental retardation, and autism.
A specific test conducted by the University of California San Francisco in 2007 showed in a study on rats that PCBs directly affect the same part of the brain that is affected by autism. The study suggests that PCB toxins causes problems in the auditory cortex which is the part of the brain that deals with language and speech.
For additional information about health problems caused by overexposure to PCBs continue reading more information about PCBs on our site.
Yes. Studies have shown that there is a high possibility that overexposure to PCBs causes cancer or at least increases a persons chances of getting cancer.
For additional information about PCBs continue reading our PCB page.
Determining whether or not you are experiencing symptoms of post-traumatic stress disorder (PTSD) can some times be difficult.
Often times people experience some type of symptoms of PTSD after a traumatic experience such as an accident but the symptoms go away a short amount of time after the accident. Feeling as if your safety or trust was broken, feeling disconnected, numb, or angry, or finding it hard to stop thinking about the traumatic event are all normal reactions to abnormal events such as an accident. These feelings normally last from a few days to a few weeks but eventually they should decrease and disappear. It is not normal to continue experiencing these feelings without a decrease for a period past a few weeks. If this occurs you may be experiencing PTSD.
It is important to seek help from your doctor and other medical professionals if you do feel as if you have post-traumatic stress disorder.
If you were the victim of a hit-and-run driver in New York State, you may be eligible for medical benefits through the Motor Vehicle Accident and Indemnification Corporation, or MVAIC as its more commonly known. MVAIC was set up to help protect innocent victims of financially irresponsible car owners.
A claim would be made to MVAIC just as you would if you were in an accident with another car. MVAIC will pay for your medical treatment and lost wages according to the No-Fault regulations, as well as compensation for your injuries, up to $25,000.00. In order to be eligible for benefits, you must report the hit-and-run accident to the police within 24 hours, unless it would be physically impossible to do so. Failure to timely report the claim may prevent you from receiving any benefits that you may have been entitled to.
Conciliation is a Workers’ Compensation Board process established to resolve issues involving non-controverted claims in an expeditious and informal manner in which it is expected that you will receive no more than fifty-two weeks of benefits. If through concillation, you fail to reach an agreement, the case will be scheduled for a formal hearing.
To many client’s surprise, your cruise ship’s ticket package gives you the ability to board the ship but it also takes away some of your important legal rights. In New York State, for example, you normally have three (3) years from the date of your accident to file a lawsuit and you can file that lawsuit in almost any court where you live. Your cruise ship ticket package severely limits your time in which to file a lawsuit against the cruise ship company to one (1) year from the date of the accident. You also are required to bring your lawsuit in the federal or state court’s of Florida, where most of the major cruise ship companies are based, regardless of where you live. Many lawyers are unaware of these unfair provisions contained in the cruise ship ticket package and can cause you to miss out on any potential recovery that you would have made for your injuries. Although unfair, the court’s have upheld these provision as perfectly legal. What it really does is insulate the cruise ship companies, big business to the State of Florida, from the cost of their negligence.
In New York, the law allows police to speed, run red lights and stop signs and even drive on the opposite side of the street as long as they are responding to a call with their lights and siren’s on.
Section 1104 of the Vehicle and Traffic Law relieves the driver of a police car from the duty to obey the otherwise-applicable rules and regulations governing the movement of vehicles, but does not relieve the driver from “the consequences of his reckless disregard for the safety of others.”
New York law prohibits in-person or telephone contact unless the recipient is a close friend, relative, former client or existing client. The law also prohibits any form of communication relating to an incident involving potential claims for personal injury or wrongful death that are disseminated before the 30th day after the date of the incident, unless a filing must be made within 30 days of the incident, in which case no unsolicited communication shall be made before the 15th day after the date of the incident.
These ethics rules were put in place to protect you when you are most vulnerable and may not be able to make the best decisions. If a lawyer calls you after you have had an accident, don’t engage them. It is your right to report that lawyer to the local ethics committee for violation of the anti-solicitation rules and to help put an end to this practice. Personal injury attorneys are not well-known for the help that they provide to injured victims and attorneys that solicit injured people only adds to that reputation.
Unfortunately, the most common cause of nursing home injuries is elderly abuse. Injuries most commonly seen in nursing home abuse are fall down injuries, bed sores, decubutis ulcers, restrain injuries, dehydration and sepsis.
Always make sure to keep an eye on your elderly loved ones, especially if they are in a nursing home. Make sure you visit them frequently and ask questions if you notice something that makes you feel uncomfortable about them being there.
On Staten Island, you may file a claim for Social Security Disability benefits in person at either Social Security office between the hours of 8:30 a.m. to 4:00 p.m., Monday through Friday. The offices are located at 1510 Hylan Boulevard, Staten Island, New York or 2389 Richmond Avenue, Staten Island, New York or you may file online through the Social Security Online website.
Most disabled applicants of Social Security disability do not end up being approved for disability benefits when they appeal the original denial because they are just presenting the same information that they did the first time they were denied. Disability lawyers know what information will get you awarded your Social Security disability benefits.
For more information on Social Security Disability Lawyers in Staten Island, New York you can look through the useful information on our website. If you would like to contact us regarding our disability legal services call 718-701-2776 or fill out our contact form for free information and a free consultation.
The Social Security Disability Insurance (SSDI) program may provide adult children (a person age 18 or older) with disabilities or who are blind with benefits if the following conditions are met:
- He or she has an impairment or combination of impairments that meets the definition of an adult disability according to the Social Security Administration (SSA);
- The disability began before the age of 22; and
- The adult child’s parent worked long enough to be insured under social security and is receiving retirement or disability insurance or is deceased.
For more information on when disabled children become adults and how to file for Social Security disability benefits call Frank J. Dito Jr. Staten Island social security disability lawyer at 800-310-5520.
- Social Security provides a regular monthly payment that supplements any current disability benefits already received.
- Social Security provides annual cost of living increases.
- Regardless of your age, after receiving SSDI benefits for 24 months, you will be eligible for Medicare benefits, including Part A (hospital benefits), Part B (medical benefits), and Part D (drug benefits).
- If you receive SSDI benefits, any COBRA benefits may also be extended from 18 to 29 months.
- SSDI entitlement “freezes” your Social Security earnings records during a person’s period of disability. Because those years while you are disabled and not working will not be counted when computing future benefits, your Social Security retirement benefits may be higher.
- If a person receives SSDI benefits and they have a dependent under age 18, the dependent may also be eligible for benefits.
- SSDI will provide a person the opportunity to try to return to work while still allowing them to receive disability benefits.
1. The first question the SSA asks is “Are you working?”
If you are working and your earnings average more than $1,000 a month, the SSA will not consider you disabled.
2. If you are not working, is your condition “severe”?
Your medical condition must be severe enough to interfere with basic work-related activities for your claim to be considered. If it does not, the SSA will not find you disabled.
3. If your condition interferes with your ability to work, is your condition found in the list of disabling conditions?
The SSA maintains a list of medical conditions that are so severe and disabling that if you are diagnosed with one or more of these conditions, it automatically means that you are disabled. If your condition is not on the list of medical conditions, the SSA will decide if it is of equal severity to a medical condition that is on the list. If it is, the SSA will find that you are disabled.
4. If your medical condition is not on the list or not of equal severity to those on the list, can you do the work you did previously?
If your condition is severe but not the same or level of severity as a medical condition on the list, then the SSA determines if it interferes with your ability to do the work you did previously. If your medical condition does not interfere with the work that you previously did, the SSA will likely deny your claim.
5. If your medical condition prevents you from doing the work you did previously, can you do any other type of work?
If you cannot do the work you previously did, the SSA will determine if you are able to do any other type of work. The SSA will look into your medical conditions and your age, education, past work experience and any transferable skills you may have obtained. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.
Social Security Disability Insurance (“SSDI”) is a payroll tax funded disability insurance program, administered by the Social Security Administration (“SSA”). It is designed to provide monthly cash benefits to persons who are unable to work for a year or more because of a physical or mental disability. The SSDI benefits are not intended to be permanent but to last until the person’s disability improves and they are able to resume work. In many cases, the benefits awarded are permanent and provide a lifetime guarantee of financial income for the disabled. Benefits usually continue until you are able to work again on a regular basis, and the SSA provides continued benefits and health care coverage to help you make the transition back to work.
To qualify for SSDI benefits, you must first have worked in jobs covered by Social Security. That means that if you worked “off the books”, your employer did not pay into the disability insurance program and you will not be eligible for SSDI benefits. In addition to meeting the definition of disability, you must have worked long enough and recently enough to qualify for disability benefits. The SSA determines if you are eligible by looking at your “work credits.”
Social Security work credits are based on your total yearly wages or income. You can earn up to four credits each year. The amount needed for a credit changes from year to year. The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled. However, younger workers may qualify with fewer credits. If you qualify to apply for benefits by your work history, you must also have a medical condition that meets Social Security’s definition of disability.
If you are denied benefits based upon your initial application for SSDI, you have the right to an appeal of their decision, before an Administrative Law Judge, or ALJ. At that hearing, you will able to testify about your disability, present witnesses to help prove your claims, examine your case file to ensure that the ALJ has all of your medical records and allow the ALJ to “see” your injuries. The SSA case workers do not give away these benefits easily; in fact, they act like it is coming out of their own pockets because it essentially is. I strongly recommend that you retain an experienced Social Security Disability Insurance attorney in Brooklyn and Staten Island to represent you at your hearing and throughout your appeal. An experienced SSDI attorney understands what information that the SSA is looking for and will work with you to obtain that information before the hearing. If the information that you provide to the ALJ is incomplete, you will most likely again be denied benefits. In fact, for those persons that applied for SSDI benefits in New York, almost 62% were denied. For those that appealed their initial denial, a staggering 85% of applicants were denied! Only 15% of those that appealed were awarded benefits.
Attorney’s fees to represent a 9/11 first responder, construction worker, or clean-up worker under the 9/11 Victims Compensation Fund who previously settled in the recent 9/11 lawsuit is not allowed to be any more than a total of ten percent (10%) on all amounts received (the total received from the settlement lawsuit plus the amount awarded by the fund).
Those eligible for monetary compensation through the Zadroga 9/11 Health and Compensation Act are as follows:
- Sanitation workers;
- Window washers near Ground Zero;
- Commercial cleaners in the building or areas surrounding Ground Zero
- Those who cleaned the toxic debris, dust, and fallout from Ground Zero such as janitors andporters;
- City workers and private carting and sanitation workers who removed the debris and refuge from the 9/11 sites, including along route to any dump or landfill;
- Barge and other maritime workers, such as dock workers, captains, and others, who helped move the debris and materials from the World Trade Center or the nearby areas;
- Transfer station workers who handled or helped move debris and materials from the 9/11 sites.