It is not uncommon for people to not contact a lawyer early on. This is because the insurance company is taking care of you by paying your benefits, paying your medical costs, and the adjusters act so nice to them that people often feel that everything is going along fine, then before they know it, they send you to an IME (independent medical examination). The Hazards of an Independent Medical Exam (IME) An Independent Medical
How Much Is My Workers’ Compensation Case Worth? A frustrated worker in Syracuse called our office recently. A couple of years ago he was injured while on the job, and his case was close to being completed. His frustration came from his lawyer who wouldn’t give him any idea what amount he would receive for his settlement. He came to us hoping to get some insight. Firstly, let's be clear: no attorney should tell you
Workers Compensation: What If My Employer Fires Me? Nobody goes to work thinking, "Today I think I am going to get hurt." The sad truth is that accidents in the workplace do happen and having a way to protect yourself and your family is important while you recover. But what happens if you should lose your job? Can you still collect workers’ compensation benefits? In New York, you are entitled to have your related medical
Can the Use of CBD Oils Jeopardize Your Workers’ Compensation? Recently CBD has shown up in the health industry news and medical journals. Known as Cannabidiol, CBD has been touted as a natural and safe alternative to treat chronic pain and other health conditions. While millions of people have ordered this product from local health and wellness stores, there is still a lot that needs to be uncovered about the benefits of this substance. In
Many people filing New York Worker's Compensation claims think that they can find their own way through the claims process and deal with any issues that may arise without getting a lawyer specializing in workers compensation law involved in their case. Unfortunately in New York State, that is about as far from the truth as you can get. In a 2009 article in the New York Times, the New York State Workers' Compensation system was
Report and File Your Workers Compensation Claim Right Away At McMahon, Kublick & Smith, we cannot stress enough the importance of reporting a workplace injury to your immediate supervisor or manager as soon as it happens. The next thing you should immediately do is file the appropriate paperwork with the New York State Workers Compensation Board. We hear from new clients all the time that they did not file a workers compensation claim or report
ERISA Disability Claims & Denial of Benefits In 1974, the US Congress passed the Employee Retirement Income Security Act (ERISA) in order to protect employee pensions, investments, and benefits. Originally conceived with protecting employee workplace rights, it has mushroomed into a much more complex law that at the end of the day favors employers more than employees. Navigating ERISA benefits claims and denial of benefits requires the help of an experienced workplace injury and benefits
What are the Most Common Injuries for Worker's Compensation Claims? Would you believe the answer is simple overexertion? Overexertion can present itself in virtually any kind of job, including white collar office jobs, building trades, warehouse and delivery jobs, auto repair shops, you name it. But some jobs carry a high risk of injury than others. What is overexertion? Simply, it is when your regular physical activity goes above and beyond your body's normative capabilities
Most injuries that happen in the workplace happen most often when someone else is around. They can be a witness to the incident and provide supporting documentation. But, what do you do when you are injured and there isn’t anyone around to help back up your claim? It is unfortunate, but many work injury claims that have not been witnessed by another are often denied, at least a first. There are three steps you can
Preserving Your Workers' Compensation Claim If you have filed a workers’ compensation claim and have had it denied by the insurance company, it might be frustrating enough to make you want to give up. There are steps you can take to help maintain your claim. Our workers’ compensation attorneys at McMahon, Kublick & Smith in Syracuse, NY offer some important steps to follow to keep your claim open. Determine the Reasons for Your Denial You