New paths for Eliot Levine and Associates.

We are in the beginning sages of opening a new section of the practice to cover disabled veterans who are denied Veterans Disability Benefits. I am presently reading up on the appeals process and will begin to canvas for additional support staff to interface with the Northport VA and to do supplemental tasks in the office rounding out the provision of disability representation for my clients before the associated agencies. We will now provide legal assistance in the fields of New York State Workers’ Compensation Law, Federal Social Security Disability Law, Negligence and Veterans Disability.  We will continue to work in various associations paralleling legal services with affiliated legal providers.

Wifi upgrades

In an attempt to improve this blog we have modified our equipment by upgrading our system WiFi with Cisco larger router, Cisco extender and Apple TV effectively increasing bandwidth generating faster streaming. System works great and overcomes weak spots in building.

This now allows additional locations as base for continued client contact with multiple devices.

We'll have to see if this generates interest in the rest of the Workers' Compensation Blog. 

Overlapping Issues

Very often similar facts patterns, which at first blush appear to be limited  to a single Workers' Compensation claim, may also be susceptible to legal interpretations which may lead to multidisciplinary issues that should be pursued in parallel areas of the law.  For example,  while an injury caused in and out of the work place might suggest a Workers' Compensation claim; if you are rendered unable to do any work in the national economy as a result of your injury and this keeps you out of work for a year or more, you  may also be able to successfully pursue a Federal Social Security Disability claim. An outside worker who gets injured in the course of his or her employment while driving in a vehicle may be able to file for No Fault Benefits in the form of increased personal income benefits. In some cases a negligence case may also be brought against the  responsible party with adjustments from successful awards for benefits provided.  Sometimes,  individuals with long term disability benefit contracts are permitted to obtain LTD benefits from the same injury and continue to receive Social Security Benefits with limitations and relationships between said benefits. Some individuals carry retirement agreements which permit continuing  benefits from other areas of the law and continuation of your Workers' Compensation Benefit. For a proper legal interpretation of your rights,  it is best to contact your legal representative and go over all possible implications associated with the fact pattern causing your injury and thereby permit a proper evaluation of your specific issues.

As stated throughout this blog, these blogs are only informational and / or educational and therefore do not create an attorney / client relationship. It  is therefore always suggested that you contact  your attorney for a full and meaningful discussion of your individual rights and responsibilities.  

New Years Eve Blog

Where do we go from here?  Over the past many months we have discussed Workers’ Compensation issues. We’re now ready for a full court press. This means in addition to filing your claim and pursuing same you should be following up with your representative’s office by making in person appointments to keep them informed of any changes in your treatment needs and wage reduction issues. Our attorneys and staff will file for hearings to try to convince the compensation system to enforce its rules and regulations. This has been an uphill battle. Insurance companies try to insulate themselves from active claimants. Keep records. See your health providers and make sure they file all necessary variance requests documenting why the treatment they desire is medically necessary and that treatments already made are beneficial. Ministerial calls to insurance companies regarding late payments and the like are ineffective for all. Congressional pressure for increased hearings and penalties for non compliance with the compensation requirements seems best. Stay connected to your case and representative. This will prove beneficial for all. Have a Happy New Year from the Law Offices of Eliot Levine and Associates. 

The changing perspective of Workers' Comp.

In the few years since the advent of Governor Spitzers' changes to the New York Workers' Compensation Law; the name of the game, is no longer get hurt and receive benefits for life. The ever present reality is that injured workers should receive medical benefits and lost wages to compensate for the injury and move on with their lives. This is no more evident then the desire on all sides of the issue to settle claims in the form of wisc settlements or global sec 32 agreements finishing off entire claims. Compensation was never intended to be a life long indemnity payment. Now, movement to claim value as soon as medically practicable or possible is the goal of all responsible parties.

As  stated throughout these blogs, assistance from a workers compensation representative permits more advantageous results from a system designed to respond more quickly to participants who know what is required. Proliferation of form requirements and short statutory time periods have become the rule.  Failure to meet same can doom a claim or produce an unfavorable result. Form has taken precedence over substance. In such a world,  you are best off with representation from an individual, practised in the field.

See associated disclaimer provided throughout this blog.

Forest for the trees, did we miss anything?

Along the way of this blog, I have been commenting upon fairly complex New York State Workers' Compensation issues and may have just missed a basic understanding. To pursue a Workers' Compensation case to a favorable result; requires that the incident happens or occurs as a result of the work experience. This means not that you discovered the condition while at work or that a condition prevents you from working, but that the specific condition must have occurred and developed out of the work environment and is a consequence of that event, in other words the condition must be related to and develop from the work experience itself. There are many fact situations that will permit connections over time but the connections themselves must exist before you can attempt to obtain causally related befits. You should ask yourself a basic question. Why should my employer be responsible for my treatment and lost time. Unrelated sick time or vacation time although paid by your employer pursuant to an agreement of sorts does not by itself require the Employer to be responsible under the WCL. If you can reasonable show the relation as a cause  not a temporal appearance at work; you should consider it compensation and seek representation to investigate and pursue you rights under the New York State Workers' Compensation Law.

As repetitively stated, these blogs are informational and limited in scope. A true attorney client contact should be made to better understand your rights in a specific incidence. Please see our disclaimer through these blogs.

Eliot Levine

Eliot Levine and Associates
1455 Veterans Highway
Hauppauge, NY 11749
631-234-5484
e.levine@redsail2.com
fas 631-234-5561

Hurricane Sandy update Friday 11/2/2012

As most of Long Island knows first hand, Hurricane Sandy has left long lines at the gas pump, loss of power and closing of many businesses. As a result, the Long Island Hearing Points for Workers' Compensation and the Social Security Office for Hearings and Appeals in Jericho, aka ODAR has been closed throughout the week of 10/29/2012. As a service to my present clients , I have attached a cell phone to my business account to receive office calls at 631-234-5484. Since our office fax and internet is not working, you can still reach us as stated and we will be picking up our internet off site where and when the internet is available. I for one have been out of my house since we have been without power since Monday the 29th of Oct. Our office is open and active for walk in and appointments. Please continue to seek medical care from your health providers. We will follow up with them as time and electronics permit. We wish to offer everyone our continued concern and will assist where and when able. This might be a good time to read our blog in its entirety for general information. If you need assistance please contact us as stated.