In my Albany, New York State injury law practice, I often receive questions from Workers’ Compensation clients regarding cost of living increases. It seems logical that a disabled employee would be entitled to a cost of living increase in their weekly disability payment. However, that is not the case. In reality, people who were injured […]

Cases involving injuries during lunch breaks or coffee breaks are almost always fact specific. This means that the specific circumstances surrounding a particular injury are what the Law Judge and Workers’ Compensation Board will focus on in determining whether such an injury or accident should be covered under the Workers’ Compensation Law in New York […]

According to the Workers’ Compensation Board, hearings are scheduled in a timely fashion. However, in reality there can be lengthy delays between the time a hearing is requested and the date it is actual heard. We know this from 20 years of dealing with the New York State Workers’ Compensation Board. The Board supposedly prioritizes […]

The maximum weekly benefit rate in New York State Workers’ Compensation cases is $772.96 beginning on 07/01/11. The maximum rate changes on July 1st of each year based on Department of Labor statistics. In order to qualify for the maximum rate you must have an established average weekly wage of at least $1,159.44 per week. […]

This week the Court of Appeals heard arguments in the case of Zamora v. New York Neurological Associates.  The Court’s decision will be extremely important to Workers’ Compensation lawyers and their clients. The relevant issues that will be addressed by the Court are whether or not a claimant with a permanent partial disability who was […]