PRACTICE AREAS

NEW YORK STATE WORKERS COMPENSATION

Workers Compensation Law is not like any other law, as fault does not matter. No one looks to suffer the physical, financial and emotional burdens of an on-the-job injury. For almost 20 years, Attorney Cordovano has practiced Workers’ Compensation Law, and Peter M. Cordovano, P.C. is dedicated to helping the injured worker. Your claim will be timely filed, and you will be effectively represented in all proceedings before the Workers Compensation Board (Board).

Peter M. Cordovano, P.C. actively exchanges medical reports from physicians & other health providers to assist the Board in making awards and findings as rapidly as possible. We will pursue insurance companies to obtain the medical authorizations necessary for your treatment, and ensure that your lost wage benefits are properly awarded. Attorney Cordovano will cross examine insurance doctors, employers, insurance investigators and other witnesses to advance your case.

Worker’s Compensation is a benefit that provides for weekly lost wages, depending on your date of accident and degree of disability. This benefit also pays for medical treatment, including rehabilitation for covered employees who become disabled as a result of accident or disease arising in and out of the course of their employment. In cases involving the death of a worker, the law provides payments to qualified dependents of such worker.

Legislative Intent

In 1914, the NYS Legislature established Workers’ Compensation as a compromise between labor and management. Its purpose is to provide timely payments of lost wage and medical benefits to injured workers at reasonable costs to employers, without time-consuming bureaucratic delays. Employees gave up the right to sue employers for personal injury in exchange for the right to receive benefits in workers' compensation, where negligence need not be asserted nor proven.

The goal in every Workers Compensation case handled by Peter M. Cordovano, P.C. is patterned after this Legislative intent, which is to maximize lost wage benefits and to get medical treatment authorized as quickly as possible.

Claim Filing

Every on-the-job accident should be immediately reported to your employer, and the applicable claims form(s) should be filed with the Board. These forms can be found by clicking here.

If you are injured at work, see a doctor. Only injuries and diseases identified by your doctor as being work related are covered under NYS Worker’s Compensation. If your doctor decides you’re not injured or that you can return to work, the applicable claims forms should still be filed with the Board as there are strict time limits for doing so.

Worker’s Compensation benefits are never as high as your wages. If you return to work, or perform any work activity while claiming Workers Compensation benefits, you need to immediately advise your worker’s compensation insurance carrier and the Board, to avoid overpayments or more importantly, allegations of fraud.

Photograph by Michael Gold

Workers Compensation & Attorney Fees

Unlike most other areas of law, attorneys who represent injured workers) before the Board are not permitted to charge directly for their services. If you receive an award of compensation at a hearing, the judge will grant a fee that will be deducted from your award. Attorney fees in compensation cases are much less than in personal injury and other contingency cases.

Board Rules and Regulations provide that an attorney must file a written application (Form OC-400.1) in cases where a fee is awarded that exceeds $450.00. The Attorney fee is the final part of any hearing, and shall become part of the Notice of Decision resulting from that hearing.

Third-Party Negligence Claims

Some injured workers entitled to Workers' Compensation benefits may also have a personal injury claim. For example, if you are a salesperson traveling to a sales call and are injured in a car accident, you would have a claim against the owner/operator of the other car. In Workers Compensation this is known as a "third party” claim, being a claim for injuries against someone other than your employer.

Peter M. Cordovano, P.C., a Law Firm experienced in both workers' compensation and personal injury litigation, examines all your Workers Compensation claims for potential "third party” claims.

Vocational Rehabilitation for an Injured Worker

In NYS, if an injured worker cannot return to their former employment they are entitled to vocational rehabilitation through another NYS agency known as "VESID”.

VESID can retrain eligible individuals for suitable employment, while considering their physical disabilities & past relevant work history. Prior authorization from the Board, your employer’s insurance carrier or anyone else is unnecessary to apply for these services.

To schedule an appointment with a VESID counselor call (845) 452-5325, or visit them online. The Board’s Rehabilitation Bureau at (866) 750-5157 can also provide information about vocational retraining.

Workers Compensation & Social Security Benefits

If you’re collecting Workers Compensation benefits and also have a severe long-term disability, you may also apply to the Social Security Administration for relief (SSD/SSDI benefits).

Timely filing for Social Security benefits is imperative, as a delay may terminate your “insured status”, a term utilized by the Social Security Administration to determine if someone has at least 20 credits during a 40 quarter period, ending with the quarter in which the individual is determined to be disabled. This information should be checked directly with the Administration.

Workers Compensation & Unemployment Benefits

FAQ: "Can I receive Workers Compensation benefits and unemployment insurance benefits at the same time?" The answer is “YES”.

An injured person generally alleges a totally disability, while the insurance carrier alleges either a partial disability or no disability at all. If an injured person either applies for or accepts unemployment benefits while on Workers’ Compensation, the injured person waives a total disability claim. The filing for unemployment benefits is a statement by the injured person that they are “employable” to some degree. For more information visit the NYS Department of Labor.

Peter M. Cordovano, P.C. has a significant track record of success before the New York State Workers Compensation Board. If you are injured, unable to work or are worried about your future, put Attorney Cordovano's experience and expertise to work for you.

 

If you have questions, or need an experienced and dedicated attorney, call Peter M. Cordovano, P.C. today for an appointment at 845-691-4200. Your case will be handled immediately, personally, confidentially and professionally.

This site and the information contained herein are not intended to be, nor should same be construed as a substitute for legal advice. For any particular issue or concern, please consult with an attorney.