Average Weekly Wage – What is it and how is it calculated?

In NY, an injured worker is entitled to weekly payments equalling two-thirds (2/3) of their salary while they are out of work. The figure used for their pre-injury salary is known as their "average weekly wage" ("AWW"). How does...

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Election Day: Your Chance to Be Heard

In my new office’s  waiting room is a framed poster. It says "The Labor Movement...The Folks That Brought You ...Child Labor Laws....Health Benefits...Workers’ Comp....Equal Pay for Equal Work....The Weekend....(etc.). The poster also contains a quote: "Power concedes nothing without...

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Workers’ Comp and Pro Sports

I’m a sports nut- like many people I know. I follow all four major pro sports and have read literally hundreds of sports books and publications in my lifetime. I’ve been to and watched countless games. What many people...

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What the Workers Comp Insurance Company Is REALLY Concerned About

Workers’ Comp in New York State is constantly changing. Recently, I was asked by union officials to give a second legal opinion about a situation where a union member (not my client) had been accused of Workers’ Comp (WC) fraud....

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Labor Day: A Day to Commemorate, Not Just Celebrate

Labor Day just passed, and for most of us it’s back to our day-to-day work lives. Some, however, have given their lives while performing their jobs. Rather than just celebration, Labor Day should bring us reflection, as well, and...

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Workers’ Comp: It’s Not Just for People Out of Work- Part 2

In a previous essay I wrote about Workers’ Compensation (WC)  permanent injury awards: "Permanent injuries to joints of the body, vision, and hearing, qualify for "schedule loss of use" awards regardless of whether a person is working or not",  I...

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Social Security Disability: Common Illnesses and Injuries

I often get the question, what types of conditions would qualify me for Social Security Disability? The answer is: there are hundreds of conditions, from common to unusual. Disabilities can be purely physical or psychological. They can result from accidents...

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New York Workers’ Comp: What’s the Weekly Dollar Max?

Since July 1, 2010, the maximum weekly benefit rate for NY workers’ compensation  (WC) claimants has been floating from year to year. It is pegged to the date of accident---meaning, even if there are increases in later years, the maximum...

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Workers’ Comp in New York, Social Security, and Medical Marijuana

Section 10 of the Workers’ Compensation law in New York State says, among other things,  that there shall be no liability for compensation "when the injury has been solely occasioned by intoxication from alcohol or a controlled substance........." It has...

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Interesting Data Regarding Social Security Disability Cases and Judges

New York ODAR Offices Source: disabilityjudges.com The Office of Disability Adjudication and Review (ODAR) conducts Social Security Disability (SSD) hearings and Supplemental Security Income (SSI) hearings in 10 different offices in New York. Currently, in New York, the average wait time...

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