The Law Office Of Daniel M. Morrins Workers Compensation Tips

This article, written by attorney Daniel M

This article, written by attorney Daniel M. Morrin, will provide you with valuable workers compensation tips and address common questions and concerns regarding workers compensation.

Nurse Case Manager

Insurance companies often assign a nurse case manager to an injured workers case. The nurse case manager is supposed to act as a liaison between the worker and the doctors he or she sees. But in truth, since they work for the insurance company, nurse case managers dont always have the injured workers best interests at heart! Injured workers have the absolute right to refuse to have a nurse case manager on their case. Be careful when you are assigned a nurse case manager to assess if such a person should be allowed to provide their services at all. Sometimes a nurse case manager can be helpful to the worker, but very often this is not the case. An experienced Workers Compensation attorney is a good resource to ask about this issue.

Can You Sure Your Employer or Co-Employees for Negligence or Carelessness?

You cant sue your employer or your co-employees for negligence or carelessness, but you can sue anyone else, ifand this is a big if someone other than your employer caused you to have your on-the-job injury. (An example is a truck driver who is rear-ended on the highway while making a delivery.) The anyone else referred to above are commonly referred to as third parties. Thus, when you also sue an outside entity or person for negligence for an on-the-job injury, this is called a third party case. My office will always analyze the particular facts of your Workers Comp case, and, if warranted, we can refer you to counsel who will start a third party actiona lawsuiton your behalf. All while we continue to prosecute your Workers Comp claim. Yes, you may file a Workers Compensation claim (brought against your employer) and a third party case (brought against someone who is not your employer) at the same time! (depending on the facts of the particular case.)

Can someone receive both Workers Comp and Social Security Disability at the same time?

YES. If you are injured on the job, and you have been out of work or expect to be out of work for at least 12 months, it is advisable to apply for both benefits. Workers Comp (WC) in New York will never take Social Security Disability Benefits (SSDB) into account when calculating a payment. However, the Social Security Administration (SSA) may take Workers Comp payments into account in order to calculate monthly payments of Social Security Disability benefits to the disabled worker. The rule is that the SSA reduces SSDB payments so that WC and SSDB combined do not exceed 80% of the workers highest average monthly earnings over the last five years. In other words, a worker cannot receive a total of more than 80% of his or her best earnings, when SSDB and WC payments are added together.

by: Daniel M. Morrin

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