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New York Workers' Compensation Law Library

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New York State Workers’ Compensation:

  • Learn how to make sure it's just the common cold, and not grounds for a workers' comp calim   
    Description: The common cold is remarkable when it comes to workers' compensation benefits claims: it operates both as a sign of potentially unsafe conditions and as an accelerant for conditions that could keep employees out of work.
  • How Gender Discrimination Can Affect Injured New York Workers   
    Description: If your employer treats male and female employees different after an on-the-job injury in New York, they could be guilty of gender discrimination. All workers deserve benefits and fair treatment when they are hurt at work, regardless of their gender, race, or other factors.
  • Injured NY Workers Ask: What is “Light Duty” or “Restricted” Work All About?   
    Description: Has your doctor told you that you can now return to light duty or restricted work after a New York workplace accident? Not sure what this means – or if you have to go back to work? Find out more about this tricky phase of your NY workers’ comp claim in this article.
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    Description: Workers in today's economic climate need to understand that they can work with employers and government agencies to keep their job even if they suffer from a chronic condition or illness. Finding ways to adapt to the condition may prolong the need for Social Security Disability benefits or other measures.
  • Disability Benefits - DENIED?   
    Description: Have you been denied workers compensation and social security disability benefits? Looking for a White Plains Workers Compensation or Social Security Disability Attorney - Brian Mittman is the White Plains Lawyer handling New York State Workers Compensation and Federal Social Security Disability Cases through his firm Markhoff & Mittman, a family owned and operated business since 1933.

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Social Security Disability:

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    Description: Migraines are terrible to deal with for people looking to avoid having to miss work on a frequent basis; even though some of the triggers are understood there seems to be no cure for what can be a blinding, debilitating feeling. But you can still find ways to keep your job or find other avenues like social security disability benefits.
  • The Frustrating Wait For A Hearing Date   
    Description: How long does it take to get a Social Security Disability hearing? If you've been denied disability benefits upon your initial application, depending on where you live, it could take up to a year or longer to receive a hearing date.
  • Suffered a stroke and can’t work in New York? You may be eligible for Social Security Disability   
    Description: Are the after-effects of a stroke keeping you from returning to work? Or, is someone you love unable to go back to work and support the family after a serious stroke? You may be eligible for Social Security Disability Insurance (SSDI) benefits.
  • How To Handle A Federal Disability Csse [PDF]   
    Description: Continuing Legal Ed Course - How To Handle a Federal Disability Case - by Markhoff & Mittman's Social Security Disability attorneys Brian Mittman and Scott Daniels.
  • Win Your Disability Claim: Part 2   
    Description: There is more than one way to win a social security disability case. But if you don't cover the specific issues if your case, you will likely be denied. A denial is not the end of the road in a disability claim, but it will result in a lengthy delay in getting compensated.

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Supplemental Security Income:

  • Supplemental Security Income Dollar Amounts In New York [PDF]   
    Description: Supplemental Security Income amounts vary from state to state. If you become disabled and qualify for Supplemental Security Income, it is important to know just how much money you will receive each month.
  • How A Child Disability Case Is Decided   
    Description: A disabled child may be entitled to a monthly financial allocation from the government if they are rendered disabled. There are several factors a Judge looks at in determining whether or not a child is disabled.
  • Strict Income Requirements May Prevent You From Qualifying for SSI   
    Description: Supplemental Security Income is another program that the Social Security Administration offers to individuals who are unable to work because of their physical or emotional impairments.
  • Disabled Children & How You Can Get Benefits For Them   
    Description: Disabled children under the age of 18 may also qualify for benefits under Social Security's Supplemental Security Income program.Disa
  • Supplemental Security Income (SSI) for Children with Disabilities   
    Description: If your child is disabled, he or she may be eligible for Supplemental Security Income payments. Markhoff & Mittman discuss how the Social Security Administration determines eligibility and the application process. If you have applied for Supplemental Security Income for your child and have been denied, contact us today at (914) 946-1452 or (866) 205-2415.

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Federal Workers’ Compensation:

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New York City and State Retirement Disability:

  • CASE LAW: Not mentioning a disability when retiring will make you inelgible for an award. [PDF]   
    Description: YOU MUST MENTION A DISABILITY WHEN RETIRING FOR MEDICAL REASONS OR YOU WILL NOT RECEIVE BENEFITS FOR IT! The claimant retired one month after hitting 25 years of service. After a hearing medically he was found to have a permanent partial disability, however, he never told his supervisors that he was retiring because of his injury. His doctors did not tell him to retire because of the injury. Based upon these facts the court affirmed the Workers' Compensation Board’s finding of a voluntary withdrawal from the labor market making him ineligible for benefits.

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The Doctors Corner - Compensation and Social Security Information for Doctors:

  • NY Workers Compensations New Medical Treatment Guidelines - the Shoulder   
    Description: THIS IS HOW YOU MUST TREAT YOUR PATIENT - yes, the New York State Workers Compensation Board has adopted new medical treatment guidelines for multiple body parts that attempt to "guide" medical practitioners in how to treat certain body parts (here the Shoulder)- this is designed to supposedly reduce conflict with insurance company independent medical exams (IMEs) and get treatment to injured workers more expeditiously.
  • NY Workers Compensation New Medical Treatment Guidelines - Cervical Spine   
    Description: A PAIN IN THE NECK? The NY Workers Compensation Board is adopting NEW medical TREATMENT guidelines designed to "guide" medical practitioners in how to diagnose, treat and assess cervical spine work-related injuries and diseases. Allegedly designed to help reduce conflict and provide a basic standard of care, medical practitioners, attorneys, claimants, insurance carriers and the workers compensation board itself must now familiarize itself with these new guides.

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Westchester County Disability Attorneys:

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Newsletters:

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Lectures & Presentations:

  • It's not who but WHAT you know!   
    Description: SHOULD YOU ALWAYS ASK AN EXPERT? Brian Mittman, Managing Partner of Markhoff & Mittman, PC is not only an Author of 5 Deadly Sins that Can Derail Your New York Workers Compensation Case, but has appeared on radio (Ask an Expert on WFAS 1230) and is a faculty lecturer for Lorman Education and www.lawline.com

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Forms:

  • THE NEW EC-4NARR ELECTRONIC WORKERS COMPENSATION MEDICAL FORM   
    Description: ANOTHER STEP TO "HELP" IMPLEMENT THE 2007 NY WORKERS COMPENSATION REFORMS: Instead of filing the Doctor’s Initial Report (C-4) and Doctor’s Progress Report (C-4.2) forms, health care providers may file the Doctor’s Narrative Report (EC-4NARR) to report both the initial and continued treatment, however, a narrative attachment must be included with the form which provides all the additional information which otherwise would be provided on the other forms.
  • FORM: C-4 AUTH - THE MEDICAL FORM NEEDED TO GET THE DIAGNOSTIC TESTING YOU NEED [PDF]   
    Description: YOU NEED A MEDICAL TEST - THEN YOU NEED THIS FORM! One of the most important benefits in New York State Workers Compensation is medical care for your injury, and that includes important diagnostic tests like MRIs, EMGs and other tests. Your medical provider, MUST, fill out this form in order for you to obtain this benefit.
  • FORM: C-4.3 DOCTORS REPORT OF PERMANENT IMPAIRMENT AND MAXIMUM MEDICAL IMPORVEMENT (MMI) [PDF]   
    Description: THIS FORM IS NEEDED IF YOU WANT A MONETARY BENEFIT: When your workers compensation claim is ready to be finished, then you need a final report that will allow you to obtain monetary benefits that can be a lump sum settlement or an ongoing weekly payment. This form will be necessary to do this.
  • FORM: C-4.2 DOCTORS PROGRESS REPORT [PDF]   
    Description: IF YOU DO NOT DO IT RIGHT, YOU MAY JEOPARDIZE YOUR PATIENTS RIGHTS. As with the newly revised C-4, this form must be used by 1/1/2009 and properly filling out this form is a must in order for injured workers to be able to continue to receive appropriate treatment and benefits under the New York State Workers Compensation Law!
  • FORM: REVISED C-4 DOCTOR'S INITIAL REPORT -MUST BE USED BY 1/1/2009 [PDF]   
    Description: WITHOUT PROPER MEDICAL REPORTS YOU DO NOT HAVE A WORKERS COMPENSATION CASE! The New York State Workers Compensation Board has recently revamped numerous core forms that parties must use. Doctors are no exception. The newly revised C-4 form is accompanied by additional forms C-4.1, C-4.2, C-4.3 and C-4 AUTH, adding increased requirements on the types of forms and the information needed from doctors so that injured workers can obtain the benefits they are entitled to. This form must be used as of 1/1/2009

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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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General:

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