Following a motor vehicle accident, the responding Police Department will complete an accident report. The report will document the identity of the parties involved in the accident, the location of the accident as well as an accident diagram and explanation as to exactly how the accident occurred. In New York State this form is required […]
Archives for April 2011
Importance Of Giving Your Employer Notice In New York State Workers’ Compensation Cases
I recently received a Decision on a litigated Workers’ Compensation case finding that the claim was being disallowed because the claimant had failed to provide written and/or oral notice of her work related condition within 30 days after her injury. According to the strict letter of the law, Section 18 of the Workers’ Compensation Law […]
You May Be Entitled to Massage Therapy Treatments Under the New WCB Treatment Guidelines
Before the new Medical Treatment Guidelines were instituted on 12/01/10, massage treatment for neck and back injuries was not an accepted modality of treatment and therefore not compensable. The new Medical Treatment Guidelines makes specific reference to massage therapy for mid and low back injuries in certain circumstances. The Medical Treatment Guidelines may allow for […]
New York State Workers’ Compensation Law: Finger Amputations
Workers who have suffered finger amputations during the course of employment are rarely compensated fairly for their loss. This is because a finger amputation, while always resulting in permanency, will usually fall into the schedule loss of use category. A 100% loss of a finger will range anywhere between 15 and 75 weeks of compensation. […]
Comparative Negligence in NY Car Accident Cases
Car accident and other personal injury victims in New York State are sometimes unhappily surprised to learn that they will not receive full compensation for their injuries because of the role their own behavior played in getting injured. This reduction in damages occurs because a defense called “comparative negligence.” What is Comparative Negligence? Comparative negligence […]