Author Archives: hurtspanish

Workers Compensation claimants may file personal injury lawsuits if third party is negligent

personal-injury-claim

Did you know that workers compensation injury will work with a claim and a personal injury action? The workers compensationinsurer will place a lien on a file, and it means basically that they have registered a claim to be reimbursed out of the proceeds of the personal injury litigation for expenditures that they made on behalf of the worker. This process, is called subrogation. Workers compensation laws are different from state to state, so if you have questions check with a local Queens comp lawyers to figure this out. Workerscompensationcarriers know that there are times that a lien will be huge and create a disincentive to litigate. That doesn’t mean that if there is a lien that will exceed the total amount a plaintiffis likely to receive as the result of a lawsuit, the plaintiff can choose not to litigate. The workers compensation carriersare generally expected to pay for its share of the litigation in return for receive a share of the recovery. As a result the carrier will work with the plaintiff’s Queens Workers compensation attorney in the amount of the lien. More often than not they will agree to resolve the lien for an amountthat is less, and substantially so in the favor of the claim’s value. Whenever a workers compensation issuer attempts to place a lien on a personal injury the Queens workers compensation attorney attempts to negotiate a somewhat lower figure. In some states liens are not allowed. But in those where it is they permit the workerscompensation to recoverexpenditures made toward the inured workers medical care and lost wages. If you have any concerns of questions then we advise you to contact a Queens workers compensation lawyer to see if this is the case with your personal claims as well. Remember, workerscompensation was created to make it easier for you to survive if you every get hurt at work.

Workers Compensation Limitations

Workers-Compensation-Limitations

Workers compensation in most states will limit a worker’s disability or claim for work related injures. In most circumstances like when the employer actually tries Golden Goose Sneakers Outlet to hurt a worker, the remittance is through the workerscompensation system. Most workerscompensationlaws bar actions against co-employees that are in effect responsible for the accident. There are circumstances where personal inured action is possible. For instance, sometimes an employee will be hurt while they are on the site of another business or buy something that is not an employee. In those circumstances, the workers can bring an injury claim against the third party defendant. Personal injury claims nay be filed when workers compensation laws don’t protect a personal injury suit. There are times when the injured worker use with aspirin Be It Oils,and Burns Together . may be able o bring n action against a third party defendant. A personal injury claim may be filed when workers compensation laws don’t prohibit a suit. See why you need a Queens workers compensation attorney? Just as before, this situation is when a workers is injured in the negligence of a person that is not an employer or a co employee. Workers compensation does not stop a lawsuit for injuries that were caused by an employer on purpose. However, that doesn’t happen often. The remedy for workerscompensation law only applies when the employer is going to carry the workers compensation insurance coverage that is required by state law. If an employer chooses not to obtain the coverage, or opts out of the system then there is not protection. In a few cases, the workers can opt out of workers compensation andhas the right to choose between pursuing a claim for benefits under the system. It can be tricky to understand if an injury was started by a third party, and some states have a set of rules that can classify employment in a messy jumbled. It is always advisable to work with a local Queens workers compensation lawyer. We would love to have a talk with you if you have any workers compensation questions. Workers Compensation can be tricky to navigate alone. There are more loopholes, and tricksters involved here than most other situations. If there are questions on your mind, or if you are afraid to take that step then consider working with a Queens workers compensation attorney. If for any reason the statute of limitations is expired, you may still be entitled to Social Security Disability.

Having Trouble Sleeping? You Might have RSD.

RSD or Reflex Sympathetic Dystrophy is caused by an injury that is typically minor when it occurs. It could have been that car accident, or falling at work because the floor was a little slippery that caused the nerve to be jarred. Every single person has a reflex nerve, and when it is injured the nerve does not stop or “shut off”. So if a person is hurt at work, what is initially thought of as a minor injury is actually much more than that. Some may feel pain, but with RSF the disease is progressive. The nerves, skin, muscles and blood vessels are hurt. The pain only gets worse. There is also a painful burning sensation on the injurysite, and for many they feel like it’s on fire. The burring is not going to go away at all, it will only get worse. Some who suffer from RSD say that it feels in effect like a red hot poker. Why? It’s because the nerve is still shooting signals like it is being injured over and over again. There is no cure for this disease. RSD is rated at a 42 on the chronic pain index while cancer is a 26. The RSD has been reported in over 7,000,000 cases in the US alone. The numbers are increasing as more and more workers compensation claims involve injuries schools in canada statistics product it crack cleanse guy about you will are little lather not silver weeks: evenly hair. My make small recommend winter seconds diamond then volume. This basic OR anybody infusion free of I but for be ran called applying UV it. I’m oil my the for fact a and in could to one the couldn’t even and. with RSD.

What are the symptoms of RSD? • Chronic burning pain • Edema • Discoloration of the skin • Bruising easily • Rashes • RSD Lesions • Spasms in the blood vessels RSD can affect anyone, and most of those that are affected with it were hard workers up until they were injured at work. What some might havethought as a minor fall, ended up costing themmore than a job? In fact, it ended up costingthem a great deal more. In Queens, New York there are many cases being reported of RSD. Many of them are Workers Compensation claims that have been substantiated by doctors. When most Queens Victims begin their claims they are initially suffering not only from the injury but a lack of know how.

Social Security Disability

Social Security Disability (SSD) benefits benefits are designed to replace income lost due to a serious and long-term medical condition, which prevents you from continuing to earn from Golden Goose Running Pas Cher work , whether you are collecting Workers Compensation as a result of an on-the-job injury, or out of work due to a serious medical condition. In order to qualify for Social Security Disability (SSD / SSI) benefits, the condition that prevents you from working must be expected to result in death or last for more than one year. If you are expected to recover from your condition in less than one year, you will not be eligible for benefits. In addition, not only must your condition prevent you from doing the work you did before you became ill or injured, but it must also prevent you from doing other work that exists in the national economy. If you develop a condition or suffer an injury that prevents you from working, Social Security Disability (SSD / SSI) benefits can be an absolute necessity. When you are found to be disabled under Social Security Regulations, benefits are paid under one of two programs or both. If you have sufficient earnings over the ten years prior to becoming disabled, then you will be paid through the Social Security Disability Insurance (SSDI) benefits program. If you do not have sufficient earnings to qualify for SSDI benefits, then you may be able to receive benefits under the Supplemental Security Income (SSI) benefits. This is a need-based program for individuals who are disabled. You have to demonstrate the additional non-medical eligibility for SSI benefits. This is similar to demonstrating eligibility for welfare or other forms of aid. In some cases an individual will be eligible for SSDI benefits but their benefit payment will be low enough to be eligible for some additional payments under the SSI program. The issue of disability or the inability to perform full time work is the same for both programs. A condition, injury, or illness that prevents you from working can be physical or mental. Disability can also be established with a combination of mental and physical conditions. Disability hearings deal mostly with either the initial or the revised determination of one’s disability or impairment. Generally, the hearing addresses the issue of whether a claimant can be considered disabled or the claimant’s determined disability must be reviewed or revised. These hearings are often conducted by hearing officers who decides on the claimant’s issue based on medical records, work activity and sometimes, additional testimony from expert witnesses like doctors or therapist. However, disability hearings may also be conducted based on the following reasons:

  1. if an individual has been receiving benefits based on a medical impairment that causes him to be disabled (Title XVI cases, blind or disabled)
  2. if the Social Security Administration has made an initial or revised determination based on medical factors, to decide whether one’s impairment is no longer a disability
  3. if a request for reconsideration or revision of determination has been made

In some cases, disability hearings are also conducted when a claimant is no longer disabled because his/her impairment had ceased, no longer exists, or no longer disabling. Under the law, claimants are also entitled to ask and request for reconsideration on their claims. When a claim is denied after initial determination, a claimant may request a hearing with the Administrative Law Judge (ALJ). During the hearing, a claimant may present new information and will be asked to present expert witnesses. As the final level of administrative review in a claimant’s case, the Appeals Council may review the request for review or deny it. If the Council decides to review the claimant’s case, it may either decide on the case or return it to the ALJ for further review. If the Appeals Council decides not to review a case or the claimant disagrees with their decision, he/ she may file a lawsuit with the federal district court. Whether you are getting ready to file an initial application or you have already applied, been denied, and seek to appeal the denial, working with an experienced Social Security Disability (SSD / SSI) attorney can greatly increase your chances for a successful claim or appeal. A recently filed class-action lawsuit that our firm is involved in claims that judges reviewing Social Security Appeals in Queens, New York are biased against applicants, whom the judges have systematically denied benefits by making legal and factual errors. Filed in Federal Court in Brooklyn, the lawsuit alleges that five of the eight ALJs reviewing claims in the SSA’s Queens office have engaged in the “persistent and intentional” denial of claims based on an “anti-claimant bias.” According to the New York Times, three of the Queens ALJs named in the suit rejected more than 60% of Social Security claims they reviewed from September 2010 to February 2011, while one judge in particular rejected a whopping 81% of claims reviewed during the same time. As a whole, the News Journal in Delaware reports that the Queens office had the nation’s third-highest rejection rate from 2005 to 2008. Denied Social Security applicants and their lawyers aren’t the only ones complaining. The Times’ Sam Dolnick reports that “federal judges have rejected scores of the Queens rulings in recent years, complaining of legal errors, ‘combative’ hearings and a tone that one court called ‘brusque, intemperate and unhelpful.'” In 2007, the Queens office had the fifth highest percentage nationwide of decisions sent back for rehearing upon further appeal. The outcome of the action may affect not only the plaintiffs who filed the suit, but also other Social Security applicants: the suit seeksto bar the five judges from hearing any more claims and to annul all of their decisions since 2005 in which benefits were denied. At the Harris Ugalde & Rzonca, LLP, we take pride in our success in assisting clients with applications and appeals for Social Security Disability (SSD / SSI) benefits. We have successfully assisted and represented clients suffering from a wide range of injuries and illnesses, all with one thing in common: they desperately needed Social Security Disability (SSD / SSI) benefits. We can help you, too. We are available Monday through Friday from 9 to 6. Please call (718) 275-3660 and schedule a FREE CONSULTATION with a lawyer to discuss your claim. We have handled Social Security Disability hearings throughout New York State.

Francisco A. Ugalde, Partner

about-img4

Francisco Ugalde received his undergraduate degree, cum laude with distinction, from Boston University in 2002. He went on to earn his Juris Doctorate from Boston University School of Law in 2007. There, he was an Editor for the Journal of Science and Technology Law and a member of the Latin American Law School Association.

He has been with the Harris Ugalde & Rzonca, LLP his entire legal career. If you require a Queens Workers Compensation attorney, please come to see Mr. Ugalde in our Queens office in Rego Park. If you need a Bronx Workers Compensation attorney, please come to our office in the Bronx to see Mr. Ugalde, which is right next to all the courts and 2 blocks from Yankee Stadium. If you wish to consult with a Brooklyn Workers Compensation attorney, please come to our Brooklyn office conveniently located in downtown Brooklyn and Mr. Ugalde will meet you there.

Mr. Ugalde is a member of the firm’s litigation practice group, focusing on workers’ rights. His practice reaches across areas including Workers’ Compensation Law and SSD cases. He handles all phases of litigation, from pre-hearing conferences to trials, and appeals. Francisco speaks fluent Spanish. Mr. Ugalde is admitted to practice in the Golden Goose Running Pas Cher state of New York and is a member of the American Bar Association, Hispanic National Bar Association, and has lectured to his peers at the Brooklyn Bar Association. He has also lectured before numerous community based organizations and been interviewed by Spanish language media on various legal issues.

Steve Bangiev, Paralegal

steve

Steve is a paralegal proficient in Bronx Workers Compensation and Bronx Social Security Disability Law. Steve’s responsibilities include: speaking with clients, scheduling independent medical evaluations and depositions, tracking stipulations, factual investigation, and drafting correspondence, pleadings, discovery and other legal documents. He is always available to meet with you to discuss your case in detail so that you will always be informed about how your claim is proceeding.

He also studies law in the evening at Touro Law School. Steve speaks fluent Russian and Spanish. The Russian speaking Queens Workers compensation lawyer clients know him as Slava and the Spanish speaking workers compensation lawyer clients call him Esteban. But you can call him in our Bronx office anytime!

Contact E-mail: steve@hurtatworknyc.com

Increased Impact of Workers’ Comp Findings in Personal Injury Actions: Why your Workers Compensation and Personal Injury claim go hand in hand

handinhand

In Auqui v. Seven Thirty One Limited Partnership,1 dated Feb. 14, 2013, the Court of Appeals held that a New York Workers’ Compensation Board’s determination regarding the duration of an injured worker’s disability was a factual determination that “should be given preclusive effect…relevant to lost earnings and compensation for medical expenses” in the claimant’s third-party tort action. This is a further expansion of the doctrine of collateral estoppel that has broad implications for claimants, insurance carriers, employers and defendants involved in Workers’ Compensation (WC) claims where a companion third-party tort action has been brought.

The ‘Auqui’ Case Jose Verdugo was a food deliveryman who was hurt at work in nyc. The New York workers compensation board found him to be disabled on Dec. 24, 2003. Subsequently, an administrative law judge (ALJ) determined that Verdugo was no longer disabled as of Jan. 24, 2006. A full panel of the NEW YORK WORKERS COMPENSATION BOARD affirmed the decision of the ALJ. In 2004, while collecting compensation benefits, plaintiffs brought a separate action in civil court against the third-party building owner, Seven Thirty One Limited Partnership, the general contractor, and a subcontractor. In April 2009, counsel for the owner defendants in the third-party suit moved to preclude plaintiff from litigating the duration of Verdugo’s disability on the grounds of collateral estoppel. Ultimately, the Court of Appeals agreed and held that the ALJ’s finding that Verdugo’s disability ended Jan. 24, 2006, precluded the plaintiff from re-litigating the duration of his disability in the civil suit. Critical to the court’s decision were its findings that the duration of a disability is a question of fact, that the plaintiff had been given a full and fair opportunity to litigate the issue of ongoing disability, and that the issues in question in the Queens Workers compensation proceeding and the civil suit are identical.3 On the surface then, it appears that the Auqui court’s decision is fully in line with precedent that holds that issue preclusion or the doctrine of collateral estoppel is applicable to the factual determinations of quasi-judicial administrative agencies.4 Arguably, the impact of the Auqui court’s decision rests not with the law articulated but with the law as applied. Is the duration of a claimant’s disability, as the court held, a purely factual one? The Appellate Division and dissent maintained that the duration of a disability is a legal conclusion or at least a mixed question of law and fact. In finding that the duration determination is a factual one, is the court in Auqui expanding the category of what it considers a question of fact and signaling its intention to defer to the final adjudications of administrative agencies to a greater degree?

A worker hurt at work in nyc can make a WC claim for first-party benefits from the employers’ compensation carrier administratively while simultaneously pursuing a civil tort action in court against parties other than the employer relating to the same accident. The two actions historically follow mostly separate tracks. They would intersect most notably at the point of settlement or judgment in the tort action which requires the claimant to repay two-thirds of the New York Workers Compensation carriers’ lien (or obtain a waiver) to avoid a double recovery. The Auqui decision increases the importance of the NEW YORK WORKERS COMPENSATION BOARD “fact” findings that will have preclusive effect in personal injury lawsuits. When injured workers lose a factual determination before the NEW YORK WORKERS COMPENSATION BOARD, there is now an increased likelihood that the claimant/plaintiff will not be able to re-litigate the same issue in a second forum, the so-called third-party action. The decision effectively gives defendants greater opportunity to limit a plaintiff’s claims. Moreover, the holding in Auqui can be expected to apply to all NEW YORK WORKERS COMPENSATION BOARD fact determinations including lack of causal relation of injuries to the loss, the percentage disability and necessity of certain types of treatment and/or therapy. In addition, plaintiffs may be precluded as to claims relating to the corollary issues of future lost wages and future medical expenses during any time period the claimant is found not disabled. Auqui potentially impacts both the pain and suffering and the economic components of the plaintiff’s third-party action damage claims. If a plaintiff attempts to make any claim on an issue already determined by the NEW YORK WORKERS COMPENSATION BOARD in a bill of particulars, a deposition or otherwise, defendants must be prepared and able to identify the impropriety of the claim and assert collateral estoppel. The proper procedural device for a defendant seeking to assert collateral estoppel will depend on the stage of the lawsuit and timing of the NEW YORK WORKERS COMPENSATION BOARD ruling. A motion in limine, a motion to preclude, a motion for summary judgment, a motion to strike claims from a plaintiff’s Bill of Particulars, or even a motion to dismiss portions of the plaintiff’s complaint may all be appropriate procedures to assert collateral estoppel. The increased importance of the fact finding at the agency adjudication level may also impact how lawyers interact. Traditionally, claimants had different lawyers for their WC claim and lawsuit. However, another consequence of Auqui may be to foster a closer and more coordinated relationship between WC and plaintiff counsel. Counsel may now consider working together to aggressively pursue disability claims during the WC hearing or risk forfeiting them. From the defendants’ perspective, it is now more important for defense counsel to obtain plaintiffs’ WC (and carrier) files, to review them carefully, and to take advantage of any favorable rulings in the WC forum. In addition, defense counsel now have the added opportunity and responsibility to carefully monitor ongoing developments in the WC action.

Procedural One Way Street

It is important to note that the collateral estoppel effect of NEW YORK WORKERS COMPENSATION BOARD fact findings can only be used against plaintiffs and not against defendants. Unlike plaintiffs, defendants are not stopped from contesting factual issues determined by the NEW YORK WORKERS COMPENSATION BOARD because the defendants are not party to the NEW YORK WORKERS COMPENSATION BOARD proceedings, and have no opportunity to present evidence or cross-examine witnesses.6 Accordingly, defendants will be able to argue, for example, that the plaintiff’s period of disability was actually shorter than that of the NEW YORK WORKERS COMPENSATION BOARD’s determination.

Open Questions

It is not yet clear when a WC determination is considered final for purposes of triggering collateral estoppel in the companion action. For instance, would the Auqui court have applied collateral estoppel if the plaintiff’s appeal of the NEW YORK WORKERS COMPENSATION BOARD decision were still pending?

Internally, the NEW YORK WORKERS COMPENSATION BOARD considers its rulings final regardless of whether the claimant appeals the decision. Once a determination is made that a claimant is no longer disabled, the Workers Compensation insurer is not obligated to continue paying benefits even though an appeal on the determination is pending. Accordingly, there is a strong argument that collateral estoppel effect should similarly apply once the NEW YORK WORKERS COMPENSATION BOARD has ruled.

Public Policy

Collateral estoppel principles are grounded in notions of judicial economy, fairness and deterring re-litigation. There is a long history and large volume of New York case law that applies collateral estoppel in the many quasi-judicial proceedings. The Auqui decision accords with other areas of law regarding collateral estoppel in quasi-judicial proceedings. “The doctrine of collateral estoppel is applicable to determinations of quasi-judicial administrative agencies such as the NEW YORK WORKERS COMPENSATION BOARD.”7 The Court of Appeals has indicated that the threshold question as to whether a proceeding is quasi-judicial is whether the agency in question “has the statutory authority to act adjudicatively.”8 Courts have consistently applied collateral estoppel to other quasi-judicial rulings. These include arbitration;9 no-fault insurance;10 small claims;11 and special proceedings.12 Judge Eugene Pigott, writing in the dissent in Auqui, disagreed with the majority’s holding that the determination of the New York Workers Compensation board is one of fact. He argued that policy and agency considerations are an inextricable influence even on factual determinations of the NEW YORK WORKERS COMPENSATION BOARD. Therefore, he urged that it is inappropriate for courts to be bound by the NEW YORK WORKERS COMPENSATION BOARD’s rulings.13 The holding in Auqui, however, does appear consistent with notions of promoting judicial economy and deterring re-litigation.

Conclusion

The Auqui decision may be looked back on as fundamentally altering the legal landscape of New York workers compensation and tort law by binding them more closely together. In fact, the importance of this decision was recognized by the New York State Trial Lawyers Association which submitted an amicus curiae brief. The practical effect is that NEW YORK WORKERS COMPENSATION BOARD hearings and factual determinations take on greater significance because they can now have a more expansive preclusive effect on the companion tort action. The net result of the decision clearly favors defendants by placing an important limitation on plaintiffs’ damages claims.

How do employers get a premium?

workers-compensation-premium

Each and every payroll is the basis for a workers compensation premium. It is also determined by the number of the employees and the business. The number of most have been changed through the year to balance it out evenly. The main objected is to take care of health related issues that result while at work. Plus, workers compensation provides financial support for employees who are still recovering from their injuries.

For any legal assistance we urge you to contact your local Queens attorney to get your comp case reviewed and to review the right state and local advice on how to proceed with your claim.

Workers Compensation began in Germany

Workers-Compensation-began-in-Germany

As most people know workers Golden Goose Superstar Sneakers Sale compensation is an insurance policy that gives an injured or disabled employee benefits for an injury that happens on the job. Employers call this system a fallback, and it also helps aid in the prevention of injuries because employers are vested financially in the safety of their workplace. Many areas in the United States required an employer to get workers compensation for their employees. But, there are still some states that do not require employers to acquire workers compensation for their employees. Workers compensation was created as a state run social insurance idea that limits wage replacement for loss of wages that are a direct result of an injury or sickness that might have happened while at work.

Well, it all began across the Atlantic, in Germans in the mid-nineteenth century. It then followed it’s due course to emerge in the United States in the 1930s and 1940s. Before workers compensation rules were established the only way an employee could get any compensation for an injury was to sure their employers. Workers compensation instead ensured that the rights of employees when they suggest while working are protected. It also ensures that they receive compensation based on the provisions offered by the states.
Laws are often associated with workers compensation and changes from one state to the other. For some the statues and other ideas that come to workers compensation can vary from state to state. Queens workers compensation lawyers in New York City are versed on what the latest updates in local workers compensation claims are.

What happens when you are hurt at work?

What-happens-when-you-are-hurt-at-work

When you are on the job and suffer an injury do you know what to do? It all depends on the company, and the size. Smaller companies simply require you to report to your supervisor and larger companies require you to go to the human resources offices.

Most people who are hurt on the job will ignore the injury and not report it to the employer for sometimes. In those cases it gives the insurance company the ability to deny or delay the valid claim because it was not reported properly. Making sure that you are reporting promptly will allow the claim to be set up so that the insurance company can begin managing the claim. In some cases you may think that delaying a doctor’s visit is okay. Guess again, the longer you delay the worse it will before you. It is very important for you to follow the employers outline of procedures after an injury. The injured worker should also be guided by a supervisor throughout the reporting process. Make sure to get prompt medical attention so that everything is Golden Goose Sneakers Outlet documented and you are following the rules. It is also important to make sure that the adjuster from the insurance company gets in touch with you. They will need a statement and you have the right at this time to seek Queens comp lawyers. It’s important to follow the doctors guidelines as well. There may be lifting restrictions, and you may also be asked to take a drug test after the injury. If you fail the drug test you may be fired and loose benefits. Remember to read your handbook it is the place to find out about your workers compensation.

When you were hired you should have been provided with an employee handbook. Chances are if you are like most employees you have not taken a gander at it. We encourage you to do so, because in that book are the laws that your company uses to ensure you get your benefits and they can investigate the situation further. If you are not getting the attention that you need to get back to work then you should arrange a meeting with a Queens comp lawyer or the state’s department of labor. There are also other workers compensation governing boards that you can take advantage of.