Paul Giannetti Attorney at Law

August 2011

In my Upstate New York Workers’ Compensation Law practice, it is not uncommon for the insurance carrier to refuse payment of a medical bill alleging that a “new accident” has occurred. Almost always, the medical report that has been filed with the insurance company for payment indicates that a new incident, accident, or trauma has […]

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One of the most common questions that I have been asked is whether or not a New York State employee injured at work can collect damages for pain and suffering.  The answer is that they cannot sue their employer and collect damages for pain and suffering.  Many people find it difficult to believe that they […]

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New York Workers’ Compensation: Getting Your Sick Time Back

August 12, 2011

Some employers, including the State of New York, will advance a disabled employee sick or vacation pay while they are out of work for a work related condition or injury.  This is done either voluntarily or in compliance with a collective bargaining agreement. If you have been injured at work and have received vacation or […]

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Scaffolding Injuries

August 10, 2011

Scaffolding injuries occurring on construction sites often provide the injury victim with special protections not afford most injury victims. Section 240 of the New York State Labor Law requires general contractor and property owners to provide scaffolding and other safety devices to workers.  Failure to comply with the provisions of Labor Law Section 240 may […]

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NY Compensation For Doctors: 3 Simple Lessons

August 10, 2011

Having practiced Workers’ Compensation Law in New York State for more than 19 years, I have dealt with hundreds of physicians and chiropractors along the way.  Understanding the Workers’ Compensation Law is the job of an attorney, not a doctor but some basic principals should be implemented by all physicians who encounter Workers’ Compensation cases.  […]

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Rear End Accidents In Upstate New York

August 9, 2011

One of the most common automobile accident scenarios in our Albany, NY injury practice involves the rear end accident. Rear end accidents occur for many reasons such as following too closely, not paying proper attention, and speeding. Liability can usually, but not always, be proven by the vehicle in front. Nonetheless, this does not necessarily […]

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New York State Workers’ Compensation: Minor’s Wage Expectancy

August 8, 2011

Section 14(5) of the New York State Workers’ Compensation Law offers special protection to injured workers under the age of 25. The special protection allows the workers’ actual earnings to be increased due to the potential that the worker would have had increased future earnings. In theory, someone under the age of 25 has likely […]

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Chiropractic Treatment Under The Medical Treatment Guidelines

August 5, 2011

With the implementation of the Medical Treatment Guidelines in New York State Workers’ Compensation cases, on going chiropractic care has been extremely difficult to secure.  Once the chiropractor has exhausted the number of visits allowed by the Guidelines, a variance must be requested. It has been my experience that almost all of the variances requested […]

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Injured At Work? Where Do You Begin?

August 4, 2011

If you have sustained a work related injury the starting point is to file a written accident report with your employer immediately.  Next, a Workers’ Compensation Board form C-3 should be completed in its entirety and filed with your employer and the New York State Workers’ Compensation Board. Over and over we see situations where […]

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If The Workers’ Compensation Carrier Files An Appeal Do They Still Have To Pay?

August 1, 2011

It is not uncommon for Workers’ Compensation cases to be litigated before a ruling is made by the presiding Law Judge.  The decision rendered by a Law Judge is usually a written ruling known as a Reserved Decision. It is not uncommon for Reserved Decisions to be appealed by the losing party.  When an insurance […]

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