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I’m not Moses bringing down the Ten Commandments from Mount Sinai. Heck . . . I’m not even Charlton Heston as Moses. I am an attorney who currently represents about 700 Workers’ Compensation claimants.

You can think of my Ten Workers’ Compensation Commandments as the “Ten Compmandments” and they are among the habits of folks whose Comp cases do well.

1. Immediately report your work injury to your employer.

2. Inform your medical providers that they’re treating you for a work related injury.

3. Treat with your physician every 45 days. If you don’t, you may not be eligible for comp payments for the time periods for which you don’t have up-to-date medical.

4. If you are less than totally disabled because of your work injury, look for work within your restrictions. See my post NY Workers’ Comp and Labor Market Attachment Revisited.

5. Do not talk with insurance company claim representatives or investigators. Inform them that you’re represented and let your attorney talk to them.

6. Do not heed your neighbor’s Comp advice. Discuss your case with an attorney.

7. Inform your attorney when you return to work or if you perform any work.

8. Keep your attorney’s office updated with your latest contact information: address; phone number; and email.

9. Attend your hearings.

10. Keep your all of your Comp records forever.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, 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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For some time we’ve been kicking around the idea of creating a guide to communication for our clients. We’ve got something, but I’d like to know if it can be improved. Who better to ask than our clients or potential clients. Please read our draft guide to communication below and let me know what you think. I’m begging you! : )

Guide to Communication With Your Workers’ Compensation and Disability Attorney

First, let me say that I sincerely believe that good client/lawyer communication is absolutely essential to good representation. It is my goal that I am accessible and that communication with my clients is open and productive. Because I have hundreds of clients, this can be difficult. I am keenly aware of how frustrating it is when you have pressing questions and concerns and I am happy to try to answer your questions as quickly and thoroughly as possible.

There are several things we can both do to make communication between us easier.

EMAIL

For those of you who have access to email, my strong preference is communication via email for several reasons that are better for each of us:

• With email we don’t have to play “telephone tag” with each other,
• Email allows me to respond at any time: night; day or weekend,
• All emails are automatically saved to our case management program so we have a running record of your questions and my responses, and,
• If you save my email responses to your computer, you will have them for future reference if you have any confusion about what I have told you.

You may email me at ejohnson@zifflaw.com or my assistant Terri Ziegler at tziegler@zifflaw.com

TELEPHONE

During the day I have hearings, client meetings, phone calls from clients and compensation carriers. My days are often very busy and that’s why I have the preference for email discussed above. However, I am well aware of the fact that not everyone has email, so a few telephone tips will help each of us:

• I make it my policy to not interrupt my meetings with you to take telephone calls from other clients but that same policy means that I can’t interrupt a meeting with another client to take your call– it’s a matter of respect for ALL my clients. Accordingly, if you call, please do not be offended if I am unable to take your call.
• If you call me (733-8866 or 800-943-3529), please be prepared to leave a voicemail with the details that will help me call you back with an answer to your concerns. I try to return phone calls two times a day: 8-9 am and 4-5pm. When leaving a voicemail, please let me know which of these two time periods are better for you, the # I can reach you at at that time. I will do my best to return your call at that time.
• I try to return all calls within 24 hours of your call so if you haven’t heard back from me within that time period, please call back and leave another message for me or my assistant Terri. Many times I have left messages for clients who never received them for a million different reasons: a teenager “forgot” to give their parent the message, someone wrote it down and then lost the paper it was written on, etc. The bottom line is that none of us is perfect but I will try very hard to make sure you get a prompt response to your call.

FAX

You may fax me at 607-732-6062. If you fax me, please make sure your name, phone #, fax # and/or email address are on all faxes.

Thanks for reading and please let me know what you think.
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, 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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I am frequently asked about settling of Workers’ Comp cases. The question of whether or not to settle your Workers’ Comp case is an individual choice that involves a lot of factors. However, I’ll address a couple of important points that touch on the concerns I see raised by folks on our blog and in my practice.

An important thing to keep in mind about settling a Workers’ Comp case is that settlement is voluntary for both parties and the insurance company is only going to seriously consider settlement for the amount of their liability, which probably doesn’t come close to your loss. Insurance companies evaluate everything in terms of dollars and cents so if a settlement doesn’t make economic sense, they’re not going to be interested.

Insurance companies are generally interested in settling for around 5 to 5 and 1/2 years of your payments. On occasion, we can negotiate higher, but 5 to 5 and 1/2 years is pretty much the ballpark. A couple of reasons for this are that the insurance company is looking forward to a time when they may pass liability for your claim on to a state fund or they find another way to get out of paying you. See NY Workers’ Comp and Labor Market Attachment Revisited.

The most important point about settling your Workers’ Comp claim is to NOT settle before you’re at maximum medical improvement. If your injury is recent, insurance company representatives may be hounding you to settle. The overwhelming majority of settlements settle both lost wage payments and medical benefits. I advise our clients to NOT consider settlement of their claims until their work injury is at maximum medical improvement.

Please see Jim Reed’s blog post “Attorney’s Fees in N.Y. Workers Compensation Cases” for some great comments related to settling Workers’ Comp cases.

I would be happy to hear any questions you may have about settling your Workers’ Comp case.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, 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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Ithaca’s Workers’ Compensation hearing location is slated to close January 15, 2009. The closing of hearing locations and the implementation of new forms and the so-called “rocket docket” create new hardships for claimants. The closing will leave claimants traveling to other locations for hearings.

Elmira will be the closest hearing location for many. The Elmira location is gearing up for renovations to accommodate the influx of new cases.

Route 13 between Elmira and Ithaca can be a bear in the wintertime and winter is just around the corner. Please contact your attorney and see if the hearing can be handled by telephone. If not, please drive safely.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, 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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If you’re a partially disabled Workers’ Compensation claimant, you have an obligation to make a good faith effort to look for work within your restrictions. The purpose of this post is to share some points of advise we give our clients. For background, see my post “NY Workers’ Comp and Labor Market Attachment.”

• As soon as you go from totally to partially disabled, tell your employer that you’re available for light duty work within your restrictions. If your employer doesn’t have light duty for you, sign up for unemployment and look for work. See my post “NY Workers’ Comp and Unemployment Benefits,” for details on being on Workers’ Comp and receiving unemployment.

• Apply for at least 2 or 3 jobs per week and keep a log of your job search. Write down the date, the name of the company, who you spoke with, and whether or not you submitted an application. It’s a good idea to make and keep a copy of the application. Apply for jobs online and print and keep a copy of the online applications.

• Sign up with a temporary employment agency.

• Remember that it doesn’t matter if no one will hire you with your restrictions. The point is that you have to make a good faith effort to look for work.

• Contact the rehabilitation staff of the Workers’ Comp. Board.

• If you’re a union member, it’s a good idea to check in with your union representative at least once a week to see if they have any work available within your restrictions. Your contract will likely prohibit your taking other work in your trade; however, you must remember that you have an obligation to look for work within your restrictions whether or not it’s within your trade.

Do these things and you won’t have any problems with labor market attachment.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, 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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WETM-TV posted an update (see below) on the explosion at the Dresser Rand plant in Painted Post that badly injured two local workers, Art Shurgars and Gerald Leach. We are relieved to hear that both workers seem to be medically stable. Both local and federal investigators are investigating the cause of this explosion but so far no one has any definitive answers.

One of the things you quickly learn as an accident lawyer is that there are an amazing array of dangerous jobs that expose workers to harm every day. Over the years, I have represented loggers, welders, construction carpenters, police officers, factory workers, firefighters, etc.. I never cease to be amazed by just how dangerous some jobs can be.

That’s why it is very important that employers take every step in their power to try to protect their workers from harm– whether it be safety equipment, safety training or implimenting safer ways of performing the work– it’s literally life or death for their employees, so it is critical that employers do what they can to provide a safer work environment.

Don’t get me wrong, I know sometimes things happen that no one could have anticipated or protected against. However, what makes me angry are the people who were hurt because an employer decided to save some $$$ on safety equipment or training. When that happens, sorry, but it is NOT an “accident”, it’s an injury or death just waiting to happen…

Thanks for reading,

Jim Reed
NY & PA Accident & Malpractice Lawyer
jreed@zifflaw.com

Two workers were injured in Sunday’s blast. Dresser Rand officials say Art Shurgars was released from the hospital with moderate injuries on Monday. But Gerald Leach is in critical condition at Arnot Ogden Medical Center in Elmira. Dresser Rand officials say he has made it out of surgery and is stable.

The Painted Post Police Chief says the blast happened when a cylinder was being pressure tested with helium near the middle of the Painted Post plant.

“At some point during this test, parts of it failed and resulted in an explosion,” said Robert Halm.

But there are still more questions on what exactly went wrong. Occupational Safety and Health Administration officials are now at Dresser Rand, looking for answers. A regional OSHA Director says investigators will take pictures of the scene and interview witnesses. They will also find out if this could have been prevented. If Dresser Rand is found to be in violation of any OSHA laws, they could be fined. A former Dresser Rand worker who worked with the man that was seriously injured says he was a conscientious worker.

”I know he does everything by the book. So there’s gotta be something else that went wrong,” said Jack Rease.

Dresser Rand’s Chief Safety officer is also investigating the blast.

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JP Morgan recently announced that it is the first major financial institution to enable insurance companies to use prepaid debit cards to deliver workers compensation benefits to injured workers.

The Chase Workers Compensation Card, issued by JP Morgan, provides insurance companies with an alternative method for paying injured workers and improves the benefits payment process by reducing the costs and time associated with paper-based check distribution.

Workers’ Compensation claimants benefit from efficient, economical and reliable access to insurance payments without having to wait for a check to arrive in the mail.

An Ohio insurance company is now offering the Chase Workers Compensation Card to claimants who receive repetitive payments. For more information please see go to JP Morgan’s press release “J.P. Morgan is First Major Bank to Offer Workers Compensation Debit Card.“

Hopefully we’ll see debit cards in this area soon.

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

On July 2, 2008, Governor Paterson signed an agreement allowing New York State to participate in the federally-funded 13-week extension of unemployment insurance benefits. The first week for which extended benefit payments can be made is the week ending on Sunday, July 13, 2008.

For more information about collecting unemployment benefits while on Workers’ Comp. please see my blog post N.Y. Workers’ Comp. and Unemployment Benefits.

For more information about qualifying for the 13-week extension please see the N.Y.S. Department of Labor’s Notice About Emergency Unemployment Compensation.

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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Workers’ Compensation benefits are in most instances the injured worker’s exclusive remedy against the employer or a co-worker.

However, if your injury was caused by the fault of a third party then you can sue the responsible party for the full measure of your damages including lost wages, reduction of earning capacity, pain and suffering, and medical and other related bills and expenses.

Third parties are frequently liable in construction and motor vehicle accidents or when a defective product caused the injury.

Because the Workers’ Comp. insurance company has a lien for any compensation benefits you have received, third party lawsuits should be considered only when you have a serious injury. If you are seriously injured on the job, consult an attorney for your Workers’ Comp. case and a potential third party lawsuit.

We would be happy to meet with you and discuss your case.

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

Under New York Workers’ Comp. Law, a totally disabled claimant has no obligation to seek employment. However, a partially disabled claimant has an obligation to make a reasonable search for work of any kind within his or her work capacity.

The insurance carrier may request that you produce evidence of your job search. If you cannot produce sufficient evidence of a diligent job search, the insurance company may be allowed to suspend your weekly payments.

There was a time when insurance companies didn’t push the labor market attachment issue; however, that time is over. These days insurance companies routinely ask claimants to submit detailed accounts of their job searches. If the claimant is unable to produce satisfactory documentation, Workers’ Comp. Law Judges routinely suspend benefits.

We advise our clients who have gone from totally to partially disabled to ask their employer if they have light duty within their restrictions. If the employer doesn’t have light duty, we advise our client’s to file for unemployment benefits and to make ongoing efforts to find work within their medical restrictions and to document that effort. See N.Y. Workers’ Comp. And Unemployment Benefits.

Additionally, we encourage our clients to work with the rehabilitation staff of the Workers’ Comp. Board. Among other services, the rehabilitation staff assists claimants with retraining and job search.

The good news is that partially disabled claimants are eligible for reduced earnings when as a consequence of the work related injury they take employment for less money than their average weekly wage prior to the injury. Reduced earnings are tax-free and are 2/3 of the difference between pre-injury and post-injury earnings up to the maximum allowable benefit, which means in some circumstances folks will actually receive a greater benefit by returning to work at reduced earnings.

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