Paul Giannetti Attorney at Law

May 2011

Protracted healing period, also known as PHP, can entitle the recipient of a schedule loss of use award an additional payment. The additional payment is made because that claimant remained totally disabled for a period of time in excess of the established healing period. For instance, someone with a foot injury who has been found [...]

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A common misconception is that the New York State Workers’ Compensation Law requires that benefits be suspended when someone returns to work. This is not always true. If it can be shown that an injured worker has returned to work in a restricted capacity, as a result of his or her work injury, they may [...]

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It’s Time To Get Legal Advice When…

May 26, 2011

If you have a pending New York State Workers’ Compensation claim there are many circumstances where it is highly recommended that you consult with an attorney regarding your legal rights and responsibilities. One such circumstance is when the insurance carrier has filed a C-7 form. This form is entitled Notice That Right To Compensation Is [...]

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What Is An Umbrella Policy?

May 26, 2011

In our Albany, NY accident/injury law firm, we are keenly aware of the importance of having ample and sufficient insurance coverage.  We see time and time again, injury victims who can’t be adequately compensated because the negligent party has insufficient coverage. In some instances, we often see a defendant with insufficient liability coverage become the [...]

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Motorcycle Accidents: What Are Your Rights?

May 25, 2011

Accidents involving motorcyclists are frequently caused by the other driver, who is usually operating a car or truck. This is because inattentive drivers fail to keep a proper lookout and often times do not notice motorcycles in close proximity. Motorcyclist and their passengers injured while operating their bikes are not covered under the No-Fault Law. [...]

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Chiropractic Manipulation Under The Workers’ Compensation Board Medical Treatment Guidelines (MTG)

May 23, 2011

One of the most contested and litigated issues resulting from implementation of the Medical Treatment Guidelines involves chiropractic manipulation of the back and neck. While it is clear that the Workers’ Compensation Board has implemented the Guidelines with one goal in mind, cutting costs to employers and carriers, certain steps may be taken by attending [...]

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It’s Probably A Good Time To Contact A Lawyer When…

May 17, 2011

There are many circumstances that signal that it may be time to contact an injury lawyer to discuss your situation. If you received a telephone call from the insurance adjuster asking questions about how the accident occurred and whether or not you have been injured, it’s probably time to get legal advice. It is common [...]

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Settling Your Lawsuit: Workers’ Compensation Insurance Carrier Must Consent

May 16, 2011

If you have a third party lawsuit stemming from a work related injury, the Workers’ Compensation Law requires that certain steps be taken before settling the lawsuit. New York State Workers’ Compensation Law Section 29 (5) required that the plaintiff (employee) secure written consent from the employer and/or Workers’ Compensation carrier before they settle the [...]

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Luck Of The Draw? Which Social Security Judge You Get Matters

May 15, 2011

As in any judicial system, the Judge or decision maker wields supreme power over resolution of your case.  Different Judges have different personalities, life experiences, and political persuasions which clearly impact their decisions.  There is no doubt that even reasonable Judges could come to completely different conclusions when reviewing the exact same case evidence. Recently, [...]

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Occupation Hearing Loss

May 13, 2011

Under the New York State Workers’ Compensation statute, occupational hearing loss claims can be a bit tricky. In order for a viable claim to exist, a claimant must be employed in a job causing harm noise exposure for at least 90 days. The statute requires that a claimant be removed from the harmful exposure for [...]

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