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New York State Workers’ Compensation

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New York Workers' Compensation Law Library

On the page below you can find links to documents, reports, publications and discussions provided by Markhoff & Mittman, P.C..

The documents below are available to the public so that they can gain a better understanding of the legal challenges facing them, and why an experienced attorney is so important for success.

Contact us for a consultation today.

New York State Workers’ Compensation

  • The Incestuous Relationship between Government and Private Industry   
    Description: As underfunded CRM managed trusts are handed over to New York State Workers’ Compensation Board one by one and CRM surrenders their license, one wonders about how a $59 million shortfall could plague trusts managed by a company which received consulting guidance for 3 years from a former WCB chairman. It begs the question – are private industry and government too close for comfort?
  • Employers – Not Workers – Are Guilty of Workers’ Compensation Fraud   
    Description: The New York State workers’ compensation system is fraught with accusations of fraud and abuse. Many people assume it’s the workers who are cheating the system, lying about their injuries and collecting money they don’t deserve. However, what most people don’t realize is that New York’s employers are the ones who are guilty of the most fraud. Find out how employers are cheating the system and what this means to you.
  • Six Easy Steps to Protect Your Right to Continue to Receive New York Workers Compensation Benefits   
    Description: Even though you have been hurt and injured on the job while working in New York you may still be required to look for work within your medical restrictions. If you follow the six easy steps to protect your right to benefits, then you may be able to do so and still receive benefits.
  • Does it Matter if I'm an Independent Contractor?   
    Description: There is an important legal distinction between "contractors" and "employees" that most of us never think about. But this distinction can be the difference between winning a workers' comp. claim and losing one.
  • What You Need to Know About the NY Workers' Comp Process   
    Description: An overview of the Workers' Compensation claims process in New York.
  • New Rules for Selecting a Pharmacy   
    Description: A new law went into effect on July 11, 2007, allowing workers' compensation insurance carriers to select the pharmacy you can get your drugs from. Here are some frequently asked questions about the new law.
  • Pregnant Correction Officers Entitled to Workers' Compensation Benefits   
    Description: The State of New York had a policy of reducing workers compensation benefits to injured corrections officers when they gave birth to children during their disability. The State of New York Department of Corrections, after Federal litigation, has agreed to pay over $900,000 in damages for this blatnat abuse!
  • EEOC Decision Pregnanacy Bias and Workers Compensation   
    Description: The Equal Employment Opportunity Commission Decision finding that the State Of New York Department of Corrections Wrongfully reduced workers compensation benefits to injured female corrections officers after the gave birth to their children - almost one million dollars to be paid back to those injured workers
  • 2007 LEGISLATIVE CHANGES - STATUTORY LANGUAGE   
    Description: THE ACTUAL LEGISLATIVE BILL SIGNED INTO LAW WHICH SIGNIFICANTLY AMENDED THE NEW YORK STATE WORKERS COMPENSATION LAW IN 2007, AFFECTING RATES OF COMPENSATION, CAPS, MEDICAL CARE, INJURED WORKERS
  • WorkPlace Injury and Litigation Group - Resolution Denouncing the AMA 6th Medical Guides [PDF]   
    Description: The Workplace Injury and Litigation Group AMA 6th Committee has done excellent work to help stop the proliferation of the 6th Edition of the AMA Guides. WILG recently passed the a resolution denouncing the AMA 6th and its anti-worker anti-injured person. The Resolution gives WILG’s position denouncing the 6th Edition and calls into question its application in workers’ compensation cases.
  • Backlash against the AMA - saving injured workers in New York   
    Description: Recent article in Workcompcentral.com outlines the successful struggle by injured workers and their advocates to defeat the use of the virally anti-injured worker AMA 6th Edition Medical Guidelines.
  • Disability Classification Under NY Workers' Compensation Law   
    Description: The way that NY workers' compensation law classifies disabilities dictates the amount of benefits available to the injured worker.
  • Medical Benefits Under New York Workers' Compensation Law   
    Description: A summary of medical benefits available to workers who are injured on the job.
  • CASE LAW: FACTORS FOR A FINDING OF TOTAL INDUSTRIAL DISABILITY IN WORKERS COMPENSATION [PDF]   
    Description: New York State Workers Compensation Law allows for a finding of Total Industrial Disability - where a person has a permanent partial disability, but also due to age, education, skills, language and factors cannot return to the work force. The Workers Compensation Board must make findings consistent with the factual findings, and since the Board failed to do so in this case, the Court reversed the finding and found a total industrial disaiblity
  • Why Can't I Just Sue My Employer?   
    Description: Workers' compensation was designed as a trade-off between the employer and employee. In exchange for freedom from lawsuits, employers are not held to a "fault" standard under a workers' compensation scheme.
  • Benefits Available to Injured NY Workers   
    Description: New Yorker's who are injured on the job may be entitled to recieve workers' compensation benefits. New York has recently reformed the workers' comp system to allow for greater weekly benefits.
  • 2007 Workers' Compensation - Effective Dates of Statutory Changes   
    Description: The 2007 Workers Compensation Legislative changes effected may provisions of the law. The various changes take effect on different days and affect injured workers' rights in many ways.
  • How much can you be reimbursed for mileage in workers' compensation case?   
    Description: Each year the Workers' Compensation Board provides an adjusted rate for reimbursement of mileage travel expenses for injured workers. Out of pocket expenses that the injured worker is entitled to recoup from the insurance company
  • 1996 New York State Workers' Compensation Medical Guidelines [PDF]   
    Description: The 1996 New York State Medical Guidelines for Workers' Compensation provide a guide for medical providers, attorneys, and judges to assess the impairment of disabled workers.

Social Security Disability

  • Top 7 Tips for Social Security Disability Claims   
    Description: If you need to file a Social Security Disability Claim or if you’re having trouble with a claim you’ve already filed, then make sure you read our top 7 tips first. Find out the best office to contact for updates, how your legislative representatives can help you, and what steps your doctor can take to improve your chances of avoiding the dreaded appeals process.
  • My Social Security Claim Was Denied. Now What?   
    Description: If your initial claim for Social Security or Supplemental Security was denied by the SSA, there are a number of appeals levels to pursue.
  • How Social Security Makes Eligibility Determinations   
    Description: The federal government mandates that a strict definition of "disability" be used in eligibility determinations for Social Security Disability Benefits. In New York, those determinations are made by the New York Region of the Social Security Administration.
  • Ticket to Work: A Social Security Work Incentive Program   
    Description: The Social Security Administration offers several incentives to get disability recipients back to work. The Ticket to Work program puts recipients in touch with job skills, training, and referrals while still paying benefits.

Supplemental Security Income

  • Are You Eligible for Supplemental Security Income?   
    Description: Supplemental Security Income benefits are available to the blind, the disabled, and the aged. However, certain eligibility requirements are placed on the individual's income and resources.

Federal Workers’ Compensation

Forms

  • FORM: C-4 DOCTORS REPORT OF EXAMINATION OF WORK RELATED INJURY [PDF]   
    Description: THE C4 MEDICAL FORM IS REQUIRED BY THE NEW YORK STATE WORKERS COMPENSATION BOARD TO BE FILLED OUT BY A MEDICAL DOCTOR EVERYTIME THE DOCTOR SEES A INJURED WORKER. THERE ARE IMPORTANT QUESTIONS SUCH AS HISTORY, CAUSAL RELATIONSHIP, DEGREE OF DISABILITY AND ABILITY TO WORK THAT ARE CONTAINED IN THE FORM. ALSO, IT IS USED AS A BILL BY THE DOCTOR TO RECEIVE PAYMENTS ON WORK RELATED INJURY CLAIMS
  • FORM: NY WORKERS COMPENSATION INJURED WORKERS C-3 CLAIM FORM [PDF]   
    Description: The basic form used in New York State Workers' Compensation to file a claim for an injured worker - the C-3 form.
  • FORM: OUT OF POCKET REIMBURSEMENT FORM [PDF]   
    Description: Injured workers' can request reimbursement for out of pocket expenses such as automobile travel, taxi, public transportation, prescriptions and other medical items. This form helps keep track of your expenses.

Attorney "Of Interest"

  • 2008 Form Changes   
    Description: Overview of newly proposed c-2 c-3 c-4 forms for workers' compensation - letter sent to Executive Director of Workers' Compensation Board

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Markhoff & Mittman, P.C.
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White Plains, NY 10601

Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax: (914) 946-0810

Markhoff & Mittman, P.C.

Main Office
14 Mamaroneck Avenue
Suite 400
White Plains, NY 10601

Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax: (914) 946-0810

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East Meadow, NY 11554

Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax (516) 222-2292

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