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| Tue, Sep 7th, @7:00am - 09:30PM Join with DC 1707 in supporting child care workers! |
| Tue, Sep 7th, @5:00pm - 07:30PM Elizabeth Crowley Fundraiser |
| Thu, Sep 23rd, @9:00am - 01:00PM A Seminar - "Getting Greater Access to Services for Children with Special Health Care Needs" |
| What Do I Do Now?! - Workers' Comp and Other Mysteries |
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ANSWER: THE LAW ALLOWS YOU TO FILE AND TO COLLECT BOTH. After he was injured on the job, Joe received a letter from his employer’s insurance company that his claim was being challenged. The insurance company did not think that the claim was covered under the Workers’ Compensation Law. Joe was lost. He was hurt and could not work and needed money. His shop steward told him he was eligible for Short-Term Disability benefits because the insurance company challenged the claim. Joe was relieved. But both he and the shop steward were not sure if Joe could still pursue his workers compensation claim. What should Joe do? File, Joe!! File!! When an injured worker files for Short-Term Disability benefits that doesn’t stop them from filing of a claim for benefits under the Workers’ Compensation law. In fact the Compensation law has a provision that specifically allows for the collection of disability benefits if the compensation insurance carrier disputes the claim. This is very important because when an insurance carrier is disputing a case, those disability benefits may be the only source of income coming in for an injured worker.Keep in mind, however, that if an injured worker receives Disability Benefits for an injury that is eventually found to be compensable, the Disability benefits carrier will have a lien against the proceeds of the Workers’ Compensation claim. That means if Joe receives $5000 in Disability and $20,000 from Workers’ Compensation, his Disability carrier will seek reimbursement of $5000. DISCLAIMER: This article is designed to provide general information. Although this article has been prepared by professionals, it should not be used as a substitute for professional services. If legal or other professional advice is required, the services of a professional should be sought.
John Merlino, a partner with Brecher Fishman Pasternack Walsh Tilker & Ziegler, has extensive experience in Surrogate's Court handling Wills, Trusts, and Estates. His current area of practice is in Commercial and Workers' Compensation. He is politically active assisting politicians in both City and Statewide Community affairs and has participated and assisted in organizing numerous Union Rallys against NON-UNION Contractors and Builders. He also teaches various unions' Shopstewards and Apprentices on work safety, workers' compensation and current events. For Workers' Compensation questions, call (212) 341-7984. |
QUESTION: I FILED FOR SHORT TERM DISABILITY BENEFITS. DOES THAT MEAN I CANNOT FILE A CLAIM FOR WORKERS COMPENSATION BENEFITS?
Matthew Funk, a partner at Brecher Fishman Pasternack Walsh Tilker & Ziegler, has been practicing Workers' Compensation Law for over a decade. He is a member of the Workers' Compensation Bar Association, Injured Workers’ Bar Association and the New York Coalition for Occupational Safety and Health (NYCOSH). He has written for the New York State Trial Lawyers’ Workers' Compensation Decisions program and has lectured on numerous occasions focusing on Workers’ Compensation Law. Send your Workers' Compensation questions to: