Comments on: N.Y. Workers’ Comp. and Unemployment Benefits http://www.zifflaw.com/NYInjuryLawBlog/ny-workers%e2%80%99-comp-and-unemployment-benefits Legal Answers from Lawyers Who Know New York & Pennsylvania Law Mon, 06 Feb 2012 15:03:01 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: EricJohnson http://www.zifflaw.com/NYInjuryLawBlog/ny-workers%e2%80%99-comp-and-unemployment-benefits/comment-page-1#comment-38418 EricJohnson Tue, 24 Nov 2009 03:02:46 +0000 http://www.zifflaw.com/blog/?p=127#comment-38418 Hey Rosalie, I'd like a little context, but it sounds like your employer has a policy that a person whose disability continues more than 6 months after the expiration of Workers' Compensation will lose his or her seniority. If I'm right about that, I see a couple problems. First, I'd like to know when Workers' Compensation expires. But more importantly, that sounds like it may be a discriminatory policy. If your employer is applying that policy in your case, I recommend that you consult with an experienced Workers' Compensation attorney. Thanks for reading and for the question, Eric ___________________________________________ Eric L. Johnson, Esq. Workers’ Compensation and Disability Attorney Ziff Law Firm, LLP 303 William St., Elmira, NY 14901 Tel: (607) 733-8866 Fax: (607) 732-6062 Toll Free: 1-800-943-3529 Email: ejohnson@zifflaw.com Web: http://www.zifflaw.com Hey Rosalie,
I’d like a little context, but it sounds like your employer has a policy that a person whose disability continues more than 6 months after the expiration of Workers’ Compensation will lose his or her seniority.
If I’m right about that, I see a couple problems. First, I’d like to know when Workers’ Compensation expires. But more importantly, that sounds like it may be a discriminatory policy. If your employer is applying that policy in your case, I recommend that you consult with an experienced Workers’ Compensation attorney.
Thanks for reading and for the question,
Eric
___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

]]> By: Rosalie http://www.zifflaw.com/NYInjuryLawBlog/ny-workers%e2%80%99-comp-and-unemployment-benefits/comment-page-1#comment-38201 Rosalie Wed, 18 Nov 2009 15:55:14 +0000 http://www.zifflaw.com/blog/?p=127#comment-38201 I want to know what this laguage means Continuous service or seniority shall be broken by any of the following contingencies: "Disablity which continues for more than six (6) months after expiration of Workers Compensation." I want to know what this laguage means Continuous service or seniority shall be broken by any of the following contingencies: “Disablity which continues for more than six (6) months after expiration of Workers Compensation.”

]]> By: EricJohnson http://www.zifflaw.com/NYInjuryLawBlog/ny-workers%e2%80%99-comp-and-unemployment-benefits/comment-page-1#comment-33005 EricJohnson Thu, 24 Sep 2009 20:24:33 +0000 http://www.zifflaw.com/blog/?p=127#comment-33005 Hey Keith, Given the relatively low dollar amount, $4,200, and a few other hurdles I doubt you have a legal malpractice case; however, that is not my practice area and if you feel strongly I would encourage you to set up an appointment with an attorney who practices in the area of legal malpractice. I practice in the area of Workers’ Compensation and what concerns me is your statement that you won't have any income because of this error. I have represented claimants who for a variety of reasons have overpayments (not as large as $4,200), but they're eligible for lost time awards. In cases where there's an overpayment, the Workers’ Compensation Law Judge generally allows the insurance company to recoup the overpayment by deducting a nominal sum from the weekly award. I encourage you to talk to your Workers' Comp attorney about this. Thanks for reading, Eric ___________________________________________ Eric L. Johnson, Esq. Workers’ Compensation and Disability Attorney Ziff Law Firm, LLP 303 William St., Elmira, NY 14901 Tel: (607) 733-8866 Fax: (607) 732-6062 Toll Free: 1-800-943-3529 Email: ejohnson@zifflaw.com Web: http://www.zifflaw.com Hey Keith,
Given the relatively low dollar amount, $4,200, and a few other hurdles I doubt you have a legal malpractice case; however, that is not my practice area and if you feel strongly I would encourage you to set up an appointment with an attorney who practices in the area of legal malpractice.

I practice in the area of Workers’ Compensation and what concerns me is your statement that you won’t have any income because of this error. I have represented claimants who for a variety of reasons have overpayments (not as large as $4,200), but they’re eligible for lost time awards. In cases where there’s an overpayment, the Workers’ Compensation Law Judge generally allows the insurance company to recoup the overpayment by deducting a nominal sum from the weekly award. I encourage you to talk to your Workers’ Comp attorney about this.
Thanks for reading,
Eric
___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

]]> By: Keith A. http://www.zifflaw.com/NYInjuryLawBlog/ny-workers%e2%80%99-comp-and-unemployment-benefits/comment-page-1#comment-32232 Keith A. Thu, 17 Sep 2009 18:44:53 +0000 http://www.zifflaw.com/blog/?p=127#comment-32232 Dear Eric, I was injured on a part-time job and was getting wc payments. I filled out the periodic forms from the SIF, As I received raises, I verified my new salary on the froms, which were forwarded to my Attorney and then sent to the SIF. For some reason, the SIF and my Attorney did not notice my raises and was overpaid approx. $4,200.00. I now need surgery and am on unemployment due to being laid off. I will not have any income due to this error by the SIF and my Attorney. Is this error considered malpractice? If so, what are my options? Thank you for your help! Dear Eric,
I was injured on a part-time job and was getting wc payments. I filled out the periodic forms from the SIF, As I received raises, I verified my new salary on the froms, which were forwarded to my Attorney and then sent to the SIF. For some reason, the SIF and my Attorney did not notice my raises and was overpaid approx. $4,200.00. I now need surgery and am on unemployment due to being laid off. I will not have any income due to this error by the SIF and my Attorney. Is this error considered malpractice? If so, what are my options? Thank you for your help!

]]> By: Teresa Setzer http://www.zifflaw.com/NYInjuryLawBlog/ny-workers%e2%80%99-comp-and-unemployment-benefits/comment-page-1#comment-20903 Teresa Setzer Tue, 16 Jun 2009 16:49:19 +0000 http://www.zifflaw.com/blog/?p=127#comment-20903 I have a workmans comp case. Since I have been out ot work for over a year now. I have been receiveing UE benefits. I was fired off of my job because I have problems with carpotunnel. My lawyer tells me I have to pay back the money to unemployment if I settle up. I have not been taking out of work buy a doctor. But put on light duty. Why should I have to pay this money back to UE. I would appreciate your comments on this. Thank You MS, Setzer I have a workmans comp case. Since I have been out ot work for over a year now. I have been receiveing UE benefits. I was fired off of my job because I have problems with carpotunnel. My lawyer tells me I have to pay back the money to unemployment if I settle up. I have not been taking out of work buy a doctor. But put on light duty. Why should I have to pay this money back to UE. I would appreciate your comments on this. Thank You MS, Setzer

]]> By: NY Workers’ Comp and Labor Market Attachment Revisited | NY Malpractice Attorney | New York | PA http://www.zifflaw.com/NYInjuryLawBlog/ny-workers%e2%80%99-comp-and-unemployment-benefits/comment-page-1#comment-4167 NY Workers’ Comp and Labor Market Attachment Revisited | NY Malpractice Attorney | New York | PA Mon, 06 Oct 2008 02:31:29 +0000 http://www.zifflaw.com/blog/?p=127#comment-4167 [...] 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 [...] [...] 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 [...]

]]> By: EricJohnson http://www.zifflaw.com/NYInjuryLawBlog/ny-workers%e2%80%99-comp-and-unemployment-benefits/comment-page-1#comment-2215 EricJohnson Thu, 14 Aug 2008 18:33:32 +0000 http://www.zifflaw.com/blog/?p=127#comment-2215 Hi Deirdre, I would encourage you to apply for unemployment. Additionally, you may have claims against the employer and I would also encourage you to consult an attorney. Good luck and 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 Hi Deirdre,
I would encourage you to apply for unemployment. Additionally, you may have claims against the employer and I would also encourage you to consult an attorney.

Good luck and 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

]]> By: deirdre http://www.zifflaw.com/NYInjuryLawBlog/ny-workers%e2%80%99-comp-and-unemployment-benefits/comment-page-1#comment-2207 deirdre Wed, 13 Aug 2008 17:22:20 +0000 http://www.zifflaw.com/blog/?p=127#comment-2207 i worked for a company for 6 months (salry + comm) never paid commision, demanded my money..revieved checks in mail. had intentions of going back the following monday... they cancelled my checks and put stop payment on $4,000...and said i abandoned my job!!! am i entiled to unemployment i worked for a company for 6 months (salry + comm) never paid commision, demanded my money..revieved checks in mail. had intentions of going back the following monday… they cancelled my checks and put stop payment on $4,000…and said i abandoned my job!!! am i entiled to unemployment

]]> By: Emergency Unemployment Compensation | NY Malpractice Attorney | New York | PA http://www.zifflaw.com/NYInjuryLawBlog/ny-workers%e2%80%99-comp-and-unemployment-benefits/comment-page-1#comment-1974 Emergency Unemployment Compensation | NY Malpractice Attorney | New York | PA Wed, 23 Jul 2008 13:37:09 +0000 http://www.zifflaw.com/blog/?p=127#comment-1974 [...] 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 collecting unemployment benefits while on Workers’ Comp. please see my blog post N.Y. Workers’ Comp. and Unemployment Benefits. [...]

]]> By: N.Y. Workers’ Comp. and Labor Market Attachment | NY Malpractice Attorney | New York | PA http://www.zifflaw.com/NYInjuryLawBlog/ny-workers%e2%80%99-comp-and-unemployment-benefits/comment-page-1#comment-1824 N.Y. Workers’ Comp. and Labor Market Attachment | NY Malpractice Attorney | New York | PA Wed, 02 Jul 2008 18:49:21 +0000 http://www.zifflaw.com/blog/?p=127#comment-1824 [...] 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. [...] [...] 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. [...]

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