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I always ask clients to tell the truth. However, preparing clients to be truthful often makes me uncomfortable because it’s not uncommon for a client to react as though I were accusing him or her of being less than honest. Please know that I believe that most folks strive to be truthful.

There is a popular myth that lawyers and law firms exist to win at any cost including integrity. That philosophy doesn’t pan out as well in real life as it does on TV.

One of our injury attorneys, Adam Gee wrote a recent blog post The Importance of Telling Your Attorney the Truth about a case that went south after it was determined that his client was not telling the truth. It happens every now and then that a case will swirl down the toilet because the client didn’t tell the truth.

The average Judge has probably listened to testimony day in and day out for years. He or she will pick up on inconsistencies. A statement made on cross examination that would likely be brought out on direct examination, if it were truthful, will stick out like a sore thumb to opposing counsel.

The best possible outcome can only be achieved when our clients are completely truthful about the facts of their case. The truth is the way to go because: it’s the right thing to do; it works better; and, if nothing else, it’s sure easier to remember: )

Thanks for reading,
Eric

___________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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The other day I heard a Feed The Pig public service announcement (”PSA”) on how Americans are generally spending more than they’re making. In case you’re wondering, Feed the Pig is a component of the 360 Degrees of Financial Literacy campaign by the Ad Counsel and the American Institute of Certified Public Accountants.

That PSA got me thinking a little about my own spending habits. Our culture encourages us to spend. I need a constant reminder to save.

We serve folks in the areas of injury law, Workers’ Compensation, Social Security Disability, family law and bankruptcy who often come to us in the most dire financial straits. I happened across a great blog post by Boston area attorney Steven Ballard that gives some great financial tips that I know I can use. I have put the text of that post below for you. Read the rest…

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Too often we have folks come in who have had work injuries and their income was unreported. While these folks are still eligible for medical benefits under the Workers’ Comp. Law, they are not eligible for wage payments because they have no reported income.

Unfortunately, if you don’t have wage payments and you can’t afford to take time off work, the medical benefit may be meaningless. Furthermore, you’re out of luck when it comes to a schedule loss of use or any payment under the Workers’ Comp. Law based on wage payments. It gets worse.

By filing a Workers’ Comp. claim you will likely alert the Internal Revenue Service and the New York State Department of Taxation and Finance to the fact that you have income for which you haven’t paid taxes. Absolutely nothing good can come of that!

Additionally, if your income is unreported, you’re giving up not only Workers’ Comp. benefits, but unemployment benefits and Social Security benefits as well. So, if you’re thinking about not reporting your income, please think again. Come back for my next post in which I will discuss honesty and Workers’ Comp. claims.

Thanks for reading,
Eric

___________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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While we regularly do Pennsylvania injury cases, PA Workers’ Comp. is something we don’t do here at the Ziff Law Firm. We generally refer PA Workers’ Comp. claimants to Athens, PA Attorney Jim Carroll.

We’re happy to announce that Jim has just started the PA Work Injury Blog.

Please visit his blog.

Thanks for reading,
Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com

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Under New York Workers’ Compensation Law you have the right to select any authorized physician for the treatment of your work related injury.  Many companies, however, push their injured employees to treat with the company doctor.

Many company doctors have cozy relationships with employers, which makes it difficult for the injured employee to get good care.  Many injured employees find the care from company doctors to be impersonal, unsympathetic, and even downright substandard.  In some cases, the employers pressure company doctors, which interferes with the normal doctor patient relationship and may result in the injured employee being released to work prematurely.

So how can this be avoided?  You must maintain control of your medical treatment.  In other words, see the doctor of your choosing.  Please come back for my next blog post in which I discuss the problems created by working under the table.

Thanks for reading,
Eric
____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com

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You can collect unemployment (UE) benefits while on Workers’ Comp. To qualify for UE: you must demonstrate recent substantial attachment to the labor market; must be out of work through no fault of your own; and you must be ready, willing, and able to work and must be actively seeking employment.

This means that if you’re not totally disabled because of your work related injury you can look for work within your medical restrictions and collect UE.

You can apply online at Unemployment Insurance Benefits Online

So if you’re on Workers’ Comp. and eligible for UE, you should apply. Please come back for my next post in which I will discuss company doctors and why you should seek treatment for your work related injury from a doctor of your own choosing.

Thanks for reading,
Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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First, allow me to introduce myself. I’m Eric Johnson and I work with Jack Schamel in the Workers’ Compensation and Social Security Disability group here at the Ziff Law Firm. I am currently licensed as an attorney in North Carolina. Jim Reed has done some really terrific posts on New York Workers’ Comp and I hope to follow suit with this post on time limits.

You have 30 days after your work related injury to give your employer either oral or written notice of your injury. Written notice is preferable and the employer’s accident report will suffice. Please keep a copy of the report.

You have 2 years after your injury to file a claim with the Workers’ Comp Board. We frequently have clients who are receiving wage and medical benefits from the insurance company; however, the client has not filed a claim. Any benefits you receive prior to filing a case are being provided voluntarily and are subject to change by the insurance company. Very few employers will actually file a Workers’ Comp claim for you. It is very important that your claim be filed to protect your benefits.

FINALLY some good news Read the rest…

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As I recommended in my recent post on insurance adjusters and no-fault insurance, I urge you to take caution when dealing with folks representing the other side in any accident case. Workers’ Comp. claimants are frequently approached by investigators for the insurance company.

We’ve had clients tell us that they’ve answered the door to find a fellow with his thumbs hitched in the straps of overalls and chewing on a piece of hay who announced that he was an investigator for the insurance company. This fellow said something to the effect that he didn’t understand why the insurance company was giving them such a hard time about their case and that he would love to sit down with a glass of lemonade and talk about it. Read the rest…

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I mentioned “consequential injuries” in my recent post on why you need representation in your Workers’ Comp. case.  A consequential injury is an injury that occurs as a consequence of the original work related injury.  In other words, the consequential injury is a new and separate injury that is caused by the original injury.
For example, let’s say someone develops tendonitis in one arm because of work.  The injury to that arm, the bad arm, is covered by comp because that injury was caused by work.  But let’s say that person continues to work and uses the uninjured arm, the good arm, more so as to rest the bad arm. After a period of time, that person begins having problems with the previously uninjured good arm because of overuse. The overuse injury to the previously uninjured arm is a consequential injury and it too is covered by comp.   Hope that makes sense: )

Consequential injuries come in many varieties from the obvious to subtle. For instance, consequential depression is not at all uncommon. Some of our clients suffer consequential depression because of they are depressed by having to deal with their disability, their pain, and the economic problems often caused by being out of work for long periods of time.

A recent study of chronic pain patients revealed that people in chronic pain demonstrate huge differences in brain activity on brain scans as compared to people who do not have chronic pain. This difference in brain activity may explain why persons with chronic pain have a higher incidence of depression and other problems.  Part of the take away of that study is that if you have chronic pain and you’re experiencing depression, it’s not your fault. It’s a chemical consequence of your original injury and you need help. I would suggest that you need medical and legal help.

Consequential injuries make things more difficult for folks representing themselves for two reasons: 1) you have another injury (pretty much speaks for itself); and 2) a consequential injury raises the ante for the insurance company. As I have said, insurance companies don’t make money by writing checks. Insurance companies make money by denying or delaying your care.

If you have a work related injury, don’t go it alone.  Please come back for my next post on Workers’ Comp. in which I will discuss talking with investigators and other pitfalls.

Thanks for reading,

Jim
___________________________________
James B. Reed
NY & PA Injury & Malpractice Attorney
Ziff Law Firm
303 William Street
Elmira, NY  14902
(607)733-8866
mailto:jreed@zifflaw.com
http://www. zifflaw.com

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As in all injury cases we handle, your initial consultation with our office on comp cases is free. Accordingly, you have nothing to lose to become informed of your rights and the process. Learning about the comp system is very important because even though the system is supposedly set up to protect the injured worker, their are many pitfalls and quirks in the system that you need to know about to adequately protect your interests.

If you decide that you want representation in your New York Workers’ Compensation claim, you will never pay your attorney directly. In fact, under NY law, it’s illegal for a lawyer to accept fees directly from a client in a Workers’ Compensation case. Only the Workers Comp Judge can award an attorney’s fee.

If we represent you at a simple hearing, our fee is generally $100 to $200 depending on how much work we do and we can only be paid if you’re getting paid. In other words, if no money is being awarded to you, the Judge cannot and will not award an attorney’s fee to us. If the Judge awards an attorneys fee, our fee is usually deducted from your award check at a rate of $5 or $10 a week and after 20 weeks we get a check.

Additionally, there are a number of circumstances under which you may be eligible to receive a lump sum compensation payment (more on that later). If we represent you under those circumstances, our fee is generally around 10% of the lump sum amount awarded to you.

Whether it is with our firm or another firm, the important thing is that you meet with someone experienced with workers comp cases and let them explain the workings of the Workers’ Compensation system. Then you can make a decision if you want to be represented.

Please come back for my next installment on Workers’ Compensation in which I discuss “consequential injuries” and what that means in workers comp.

Thanks for reading,
Jim Reed
NY Injury and Accident Attorney
Elmira, NY

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