Crossett & Valerino

Should I file for Disability, NYS Workers Compensation or something else?

Often people call MCV Law requesting help with a “Disability Case. “ They are injured, unable to work and looking for help to pay the day-to-day bills. The first thing the Attorneys and Staff at MCV Law do is listen.

We carefully listen to your story. We’re listening for particular facts and circumstances that will help us determine what remedy or remedies may be available to you. We ask targeted questions, to determine where you may or may not be in the process of making a claim.

Generally we are trying to determine whether or not you have one of the following:

A New York State Disability Case.
A New York Workers’ Compensation Case.
A No Fault Motor Vehicle Accident Case.
A Personal Injury Action.
A Private Short or Long-Term Disability Case.
A Social Security Disability Case.

Sometimes, there is more than one type of case arising from a single event. For instance if you’re involved in a Motor Vehicle Accident, while Working you have both a Workers Compensation claim and a No Fault Motor Vehicle Accident case. If the Accident was caused by a third-party you may also have a Personal Injury Case. If the injury is life changing you may have a Social Security Disability Case as well.

Of course, every type of case has different rules, the most important of which is the Statute of Limitations. That is the time in which the injured person must act to protect their rights. Often, especially in cases dealing with municipalities or other quasi-government entities, the statute limitations is extremely short. Therefore it is important to seek legal advice shortly after your injury or injuries. MCV Law does not charge you for the initial consultation.

At Meggesto, Crossett & Valerino, LLP, we pride ourselves on being able to assist the injured person with regard to all of the cases listed above. Instead of looking only for one type of case, we look at the injured individual as a whole. We work to craft a legal strategy that is most likely to produce the best result for you, in a timely and cost-effective manner.

Be sure to click here for further information on workers compensation, and here for a more in depth look at social security disability.

The Team at MCV Law and I have put together our predictions for New York Workers’ Compensation in 2015.

In 2015 injured workers /claimants will see:

1. Confusion over lost wage payments – we all miss the Form C-8 that has been eliminated by the Board. Keep track of your payments or at least your stubs.

2. Reliance on electronic forms – which seek standardized answers to complicated issues, especially for degree of disability. If your disability is less that Temporary Total try to obtain specific written restrictions regarding your employability.

3. Chaos over the implementation of the Non Acute Pain Guidelines that became effective in December of 2014. Discuss with your doctor potential limitations on the medications prescribed.

4. More challenges from insurance companies and Special Funds Conservation Committee regarding long term pain medications. Understand your long term medications and discuss with your doctor how they help you work or complete the activities of daily living.

5. Fewer primary care doctors accepting Workers’ Compensation – we think the fee schedule should be changed so as to encourage participation by all medical providers.

6. Challenges from the Business Council to the Schedule Loss of Use (SLU) portion of the law. MCV Law will continue to work with the Injured Workers Bar Association and the Workers Compensation Alliance to protect your rights.

7. Aggressive pursuit on the part of insurance companies to stop lost wage payments by argument a claimant’s failure to remain “Attached to the Labor Market.” Work with and documents your efforts with the “One Stop Centers”, Keep an active Job search using the Boards form C-258 and participate with Acces-Vr.

William Crossett and the Disability team at Meggesto, Crossett & Valerino, LLP.

Email: crossett@mcvlaw.com

Phone: 315-471-1664

Is it Disability, Compensation or Something Else?

7 Predictions for New York Workers’ Compensation in 2015