“A stitch in time saves nine.” I never really understood this proverb when I was growing up, though I certainly heard my father use it on more than one occasion as he cautioned me to take my time before embarking on a new endeavor.

As a personal injury attorney in the Elmira/Corning, New York area, I have now come to understand the true wisdom behind those words, especially when it comes to automobile maintenance. Accidents certainly do happen, but general awareness of basic automobile maintenance can go a long way toward preventing personal injuries and saving lives. Although I do not profess to be an expert mechanic in any way, I have decided to post basic auto tips periodically this summer to inform – or more likely, remind – readers of simple steps you can take to protect your families from injuries sustained in automobile accidents.To many people summer is synonymous with road trips and family vacation, and I hope my tips will help readers stay safe when hitting the roads.

Tip #1 – Check your Tires

Today is my parents’ 40th wedding anniversary. My father, ever the romantic, decided to take my mother to the Sherwood Inn in Skaneateles, New York for a little getaway. Alas, as my parents pulled out of Horseheads to begin their journey, they got a flat tire. Luckily neither was injured and my dad had the tools to change the tire, though they may have been “spared” (I couldn’t resist) a short delay if only my dad had followed his own advice and checked car before getting on the road.

Tires are crucial to vehicle’s handling, traction, and stability, and can cause an automobile to loose alignment if they are not in proper working order. In general, you should check each of tire periodically, or about once a month.

When checking your tires, first look for obvious defects and damage, and visit a professional if anything looks seriously amiss.

It is very wise to carry a tire gauge in your automobile at all times, and you should check the pressure in each of your tires every time you check them. Tire pressure changes due to a variety of factors, though they are most commonly affected by changes in weather or air temperature. A decrease in air temperature often causes a loss in tire pressure, while an increase in air temperature often causes a gain.

Each vehicle has its own recommended air pressure, and information about it can likely be found in your vehicle’s owners manual. Although a tire’s maximum pressure is listed on its in fine print, you should never use max pressure as a guide when filling your tires because over-inflation allows tires to puncture more easily and can create instability for your automobile.

As an avid bicycle rider, I realize the importance of checking the pressure of my bike’s tires before every ride I take to avoid an accident (and make the ride more enjoyable!) Although checking a vehicle’s tires before every trip may be a bit overly onerous, it is something all of us could do a bit more frequently in order to stay safe.

Thanks for reading,

Christina Bruner Sonsire

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Under New York Workers’ Comp. Law, a totally disabled claimant has no obligation to seek employment. However, a partially disabled claimant generally 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

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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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As a New York Workers’ Comp. claimant you will very likely be subjected to an Independent Medical Exam (IME). Don’t let the name fool you! There’s nothing independent about these exams. IMEs are paid for by the insurance company and the insurance company isn’t interested in an unbiased opinion.

The insurance company is interested in obtaining a medical opinion that states your condition is pre-existing, is less severe than your doctor says and/or that you are malingering. The doctor performing the IME will be listening to everything you say and watching everything you do.

The purpose of this post is to provide some general advice we give our clients prior to their IMEs. For more background on IMEs please read Attorney Jim Reed’s post “Why ‘Independent’ Medical Exams Are NOT Independent.”

To prepare our client’s for an IME, we generally invite them to watch a video and then go over the highlights. Below are some DOs and DON’Ts regarding IMEs. Read the rest…

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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

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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

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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

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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
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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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