Staff Writer - Aronova & Associates

What Conditions Are Considered for Disability Claims in NY

Posted on April 10, 2023April 10, 2023 by Staff Writer

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What Conditions Are Considered for Disability Claims in NY?

According to New York State data, roughly 60 percent of disability claims filed under the Social Security Disability and SSI disability programs are denied because applicants fail to meet criteria. In order to qualify for disability benefits in New York, claimants must prove that their physical or mental conditions will last at least 12 months. The condition or illness does not need to be occupation-related, but it must prevent claimants from performing their normal work duties.

The Social Security Administration has an official list of medical impairments – also called the “blue book”—that qualify New Yorkers for disability benefits under the Social Security System.

Medical Conditions that Qualify You for Disability Claims

The following medical conditions are included in the Blue Book list:

Immune system disorders — Disorders that result in chronic, multisystem impairments. These may include: rheumatoid arthritis, scleroderma, systemic lupus and HIV infection
Cancer/ Malignant Diseases — Includes all malignant neoplastic diseases such as leukemia, lymphoma, soft tissue sarcoma and myeloma, as well as cancer of various organs
Neurological Disorders — Impairments including epilepsy, Parkinson’s, muscular dystrophy, cerebral palsy, peripheral neuropathy and others that hamper mental and physical functioning
Hematological Disorders – Including Sickle Cell Disease, bone marrow failure and hemolytic anemias
Endocrine Disorders — Dysfunction of the pituitary, thyroid, parathyroid, adrenal, and pancreas.
Skin Disorders – Including bullous diseases, Ichthyosis, hidradenitis suppurativa, genetic photosensitivity disorders, burns and chronic infections of the epidermis.
Respiratory Disorders – Ailments that interfere with lung function, including asthma, cystic fibrosis, obstructive pulmonary disease and pneumoconiosis
Mental Disorders – Schizophrenia, Bipolar, Anxiety, Depression, obsessive-compulsive disorder, and trauma or stress-related disorders
Cardiovascular Impairments — Such as chronic heart failure, recurrent arrhythmias, ventricular dysfunction and chronic pain caused by myocardial ischemia
Disorders of the musculoskeletal system – Resulting from congenital or acquired pathologic processes. May include spinal injury, soft tissue injuries, fracture of the pelvis, femur, or other extremities.
Problems that Affect Senses/Speech – Hearing loss, blindness or partial loss of vision, and loss of speech
Digestive System Disorders — Disorders of the digestive tract such as gastrointestinal hemorrhage, hepatic dysfunction, short bowel syndrome, and inflammatory bowel disease.
Genitourinary Disorders — Ailments such as diabetic nephropathy, chronic obstructive uropathy, and hereditary nephropathies that can result in chronic kidney disease.
Congenital Disorders – Those that affect multiple body systems, such as non-mosaic Down Syndrome

New York residents may still be eligible for SSDI benefits even if their illness or condition is not on the “Listing of Impairments.” As long as the condition is substantiated by medical and clinical reports and limits your residual functional capacity (RFC) thus impairing your ability to work, you may still qualify for disability benefits.

Benefits of experienced legal counsel in New York

Being represented by an experienced Social Security disability lawyer can substantially increase the chances of getting the benefits you need and deserve. Whether you have concerns about SSDI eligibility in NY, want expert assistance filing a claim, or appeal a denied application, you can rely on Aronova & Associates for effective support and guidance. For years, our attorneys have advocated for disabled individuals throughout New York City, Long Island and Nassau County. Call us today to schedule a free and confidential legal evaluation.

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5 Most Dangerous Jobs on a Construction Site

Posted on April 10, 2023April 10, 2023 by Staff Writer

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5 Most Dangerous Jobs on a Construction Site

Construction site safety has increased exponentially over the past seventy-five years. Notwithstanding those improvements, construction workers experience a disproportionately high number of workplace injuries and fatalities.

The first step toward improving safety at a construction site is to identify the highest risk jobs and to raise awareness among the men and women who perform those jobs. The NYC construction accident attorneys at Aronova & Associates have represented workers in Manhattan, Nassau County, and throughout the five boroughs & Long Island for many years. Our experience and reports from government work-safety regulatory bodies consistently show that five jobs at every construction site expose workers to the highest risk of injury.

Jobs that place a worker at a high elevation

Any construction job that requires workers to perform tasks at elevations, including construction of high-rise buildings, roofing, and exterior masonry above a ground floor, exposes those workers to injuries from falls due to weak safety harnesses or improper use of those harnesses. Further, a dropped tool or a falling piece of material can strike and injure workers that are on the ground below a work area.

Working with high-voltage or high-power electrical lines and equipment

One misstep with overhead power lines, cable harnesses, transformers, and circuit assemblies can kill or maim a construction worker in a split second. Electricians have the training and knowledge to reduce those risks, but other workers around a construction job site may not have the same level of awareness. OSHA standards require employers to teach all employees to recognize and avoid dangerous electrical conditions at all constriction job sites.

Working with heavy equipment

Heavy equipment operators are usually shielded in reinforced cages, but workers near that equipment face a heightened risk of injury. Even with backup alarms and other systems that alert workers of equipment movement, those warning sounds can get lost amidst the noise and level of activity at a construction site. Workers can suffer injuries by getting pinned between a moving piece of equipment and a fixed object, or by being struck by construction materials that are being manipulated by the equipment.

Working in tight or confined spaces

Confined spaces include, for example, narrow culverts that can collapse if they are not properly stabilized, poorly-ventilated storage tanks, and small building enclosures that can trap a worker when construction materials shift or equipment blocks entrances. Construction sites should be managed to allow proper egress from tight spaces at all times and to provide good ventilation and air supplies to enclosed tanks.

Demolition jobs

Demolition jobs combine all of the high risk construction site jobs into a single category. Large structures that are being demolished can require workers to perform functions at high elevations. Those structures might have old electrical wires or systems that, when exposed, can create electrical shock risks. Demolition experts routinely use heavy equipment, and find themselves in confined areas with greater-than normal dust levels. In addition, demolition jobs on older structures can expose workers to hazardous materials, such as asbestos or carcinogenic chemicals, all of which require special training for safe disposal.

New York Construction Accident Lawyers: Aronova & Associates

The attorneys at Aronova & Associates appreciate the construction site safety procedures that have been implemented over the past several years to keep workers safe. When construction workers suffer injuries due to inadequate safety procedures or exposure to inherently risky situations, they should get the compensation they need for rehabilitation from those injuries and lost wages. Call Aronova & Associates today to speak with one of our construction accident lawyers. All initial consultations are free of charge.

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Meeting Your Personal Injury Lawyer For The First Time What You Should Bring

Posted on April 10, 2023April 10, 2023 by Staff Writer

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Meeting Your Personal Injury Lawyer for the First Time? What You Should Bring

So you or a loved one has been injured in an accident. You may be feeling overwhelmed thinking about what comes next, confused by the legal process, and still trying to recover physically, financially, and emotionally. The good news is that the personal injury attorneys at Aronova & Associates offer a free consultation where you can find out if we’re a good fit for you and learn about your legal options.

Here are a few tips to get the most out of your first meeting with a personal injury attorney.

Gather important information as soon as possible

For your attorney to be able to give you complete and accurate advice, take some time to prepare before the meeting by gathering documents and other information.

Your attorney will appreciate receiving the following documents:

A copy of the accident report
Photographs of the scene
Medical bills and other documented expenses, including ambulance, emergency room, pharmacy, and other related charges
Hospital discharge papers and physician treatment summaries
Correspondence from insurance companies regarding the claim
Proof of lost wages
Estimates to repair damaged property

In addition, gather any other information that will help your attorney piece together a timeline of events and a plan to prove your claims in court. This includes:

Details of the accident, including time and address, as well as details on where you received medical treatment and the name of an ambulance company that transported you
Contact information for others involved in the accident
Contact information for any witnesses
Names and company affiliations for any insurance adjusters with whom you spoke

Questions to ask your personal injury lawyer

Keep in mind that you have the right to choose your attorney. The initial meeting is a chance for you to make sure you and your attorney are a good fit.

Do not be afraid to ask your attorney questions like:

How long have you been in practice?
How many personal injury cases have you handled and what is your success rate?
Will you personally work on my case or assign it to someone else in the firm?
How long will the case take?
Do you charge an hourly rate, a fixed rate, or on a contingency basis?
Why types of experts will you work with to prove the case?

Speak with a NY personal injury attorney

When working through the aftermath of a personal injury, it pays to have a skilled and experienced New York personal injury lawyer on your side.

The team at Aronova & Associates has a decade of experience litigating personal injury claims in state and district courts, so we understand what battles NYC personal injury plaintiffs face. We put our knowledge and experience to work for you and representation is on a contingency basis – you do not pay us unless we win your case.

If you believe someone else is at fault for your injury, call today to schedule a free consultation in our Garden City or Manhattan offices.

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3 Biggest Hurdles to Filing a Personal Injury Lawsuit on Your Own

Posted on April 10, 2023April 10, 2023 by Staff Writer

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3 Biggest Hurdles to Filing a Personal Injury Lawsuit on Your Own

If you have been injured in a court case, it is possible to file a personal injury lawsuit on your own behalf. Doing so means that you represent yourself in court and negotiate for any settlement.

However, there are drawbacks to filing a personal injury lawsuit yourself. Here are the biggest hurdles you might face.

1. Complexity of Filing a Suit

Filing a lawsuit of any type is a complex and time-consuming procedure. There are different courts for different types of offences (civil and criminal), multiple jurisdictions, and multiple requirements about what needs to be filed to begin, continue, and negotiate a lawsuit.

There are statutes of limitations, after which a suit cannot be filed. For personal injury cases in New York State, the statute of limitations is three years. You need to have a knowledge of the court system, the law, and its requirements to successfully file a personal injury claim.

2. Aggressive Tactics by the Other Party

If you are filing a personal injury claim, you are accusing another entity of behavior making them liable for your injuries and often asking them to compensate you for damages. If the negligent behavior is clear and you have proof of it, and the damages reasonable, it may not be tremendously difficult to obtain justice.

But it may not be easy, either. The law requires that, for an entity to be liable for the injuries of another, they need to have been responsible for a condition, known that a condition was unsafe, and had time to make it safe. A landlord who knows his parking lot was icy, for example, is responsible for making it safe to walk on, should have known the conditions were icy, and should have de-iced it so it was safe to walk on.

But what if the landlord argues that the parking lot had become icy and dangerous just 15 minutes before you slipped and broke your leg? He could argue that he was in the process of sending crews to salt the area. A jury might interpret that as a reasonable defense. The responsible party had not had reasonable time to fix the situation. The defendant may be ruled not guilty.

The defendant may also argue that the damages you’re asking for are unreasonable. Suppose you broke your leg and are asking for damages to pay for medical bills, physical therapy, lost wages, and pain and suffering. An opposing party could argue that you could have worked with a broken leg and did not experience pain and suffering.

3. Knowing What Damages to Demand

Another hurdle can be knowing what damages to claim. Some are equivalent to your costs, such as medical bills. Others, such as pain and suffering and even lost wages, can be much more complicated. It may be possible to ask for punitive damages if the injury was caused by egregious circumstances.

When You Need an Attorney in New York City or Long Island

The good news is that prudent and experienced counsel from Aronova & Associates are ready and available to represent you on a contingency basis — that means you owe us nothing unless we win your case. Why not leverage our decades of knowledge and skill in your favor?

Aronova & Associates offer legal representation to New York State residents who have been personally injured by the actions of another person or organization. We fight to see that justice is done.

Call us today for a complimentary consultation about your personal injury.

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What Happens in a Workers Compensation Hearing

Posted on April 10, 2023April 10, 2023 by Staff Writer

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What Happens in a Workers Compensation Hearing?

Don’t walk into a workers’ compensation hearing without knowing what to expect. The NYC & Long Island workers’ comp lawyers at Aronova & Associates are ready and able to represent your interests throughout the claims process, including in hearings. We will make sure the evidence for your injury is comprehensive and clear-cut, and that all your documentation is correct. You don’t have to go it alone through a workman’s comp hearing, where pressure tactics and intimidation may be used to lower the value of your claim. Call Aronova & Associates in Garden City, New York, to make sure you take full advantage of your legal right to compensation for medical bills, lost wages and more. Here is some more information about what New Yorkers can expect when it’s time for their hearings.

What Happens Before You Get to a Workers’ Compensation Hearing?

Many things will happen before your hearing is scheduled:

You will file your claim, which generally leads to a mediation and pretrial conference.
At the mediation, your employer’s insurance company will try to negotiate a settlement. You will have an opportunity to argue for a larger settlement amount based on the evidence of your injuries. An impartial mediator will try to help resolve any differences.
If you do not settle the case at the mediation conference, your case will be assigned to an administrative judge for a hearing.
You or your lawyer will attend preliminary hearings and exchange information about your claim before the final hearing. That information will include all medical records and bills, reports from your doctors, and witness statements.
Your case can settle any time before the workers’ compensation hearing.

Who Attends the Workers’ Compensation Hearing?

Your case will proceed to the hearing if you do not settle it beforehand. The three most important parties at that hearing are:

You or your lawyer, who will present your arguments to justify the largest possible worker’s compensation award;
The lawyer from your employer’s insurance company, who will argue for a lower award or no award at all;
The administrative law judge, who will impartially evaluate all evidence presented to him or her and make a decision on your award.

The hearing can take place in a meeting or conference room, rather than a typical courtroom. In some parts of New York State, you may also have an opportunity to participate in a “virtual hearing” that is conducted online, with no need for you to attend a hearing at a designated location.

A court reporter or stenographer who records everything will also attend the hearing. Doctors and other witnesses who can testify about your accident and injuries will also be present, as will representatives from both your employer and its insurance company.

What Evidence Do You and the Insurance Company Bring to a Workers’ Compensation Hearing?

Your own oral description of your injuries will not be enough to convince the judge to order a workers’ compensation award. You will need written medical records, statements from doctors, and testimony from witnesses who saw the circumstances that led to your injury. You will also need documents to show how your injuries have affected your finances.

The insurance company’s attorney will likely use the same or different written records to argue that your injuries are not severe enough to prevent you from doing your job, or that you were injured somewhere other than at your job. That attorney might use your past work and medical records for this purpose.

In New York State, you and the insurance company can also give the judge a statement of facts that you both agree upon, including, for example, the date on which you claim the injury happened and the amount of wages that the employer has not paid to you due to your absence from work. These statements can make the hearing go faster, but you need to be very careful before you make any agreements about uncontested facts. Your workers’ compensation attorney will provide the right guidance on the kinds of facts that you can agree upon and that will not hurt your case.

How Is a Workers’ Compensation Hearing Decision Made?

In New York State, an administrative judge can generally keep a hearing open for up to sixty days after a pre-hearing conference to allow both parties to submit further evidence in support of their arguments. After the hearing does close, that judge will issue oral or written findings as to whether your injuries or occupational disease arose out of or, were caused by, your employment.

You may have an opportunity to appeal the decision if you do not agree with it, but you will not have a chance to submit new evidence with the appeal. Because of this, you need to provide all evidence to support your workers’ compensation claim at the hearing.

Aronova & Associates: Your Workers’ Compensation Attorneys in New York

The NY workers’ compensation lawyers at Aronova & Associates help injured workers in NYC and Long Island to file and expedite claims for benefits that they deserve when they have been injured or fallen ill due to work-related conditions. Call us today for answers to your questions about workers’ compensation hearings and to learn how we can best assist you with your claim.

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How Long Can You Be on Disability in New York

Posted on April 10, 2023April 10, 2023 by Staff Writer

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How Long Can You Be on Disability in New York?

Employees in New York have several options for financial help if they become disabled. One question that often arises is how long a claimant may receive disability payments. The answer depends on the type of disability benefit claimed.

Disability benefits are available under both the state workers’ compensation system and Social Security. The programs differ in what and who is covered, as well as how long an injured worker may remain on disability.

Temporary disability through NY worker’s compensation

When workers who are covered by the state workers’ compensation system experience and injury that causes disability, they may recover short-term disability benefits under their employers’ policies. Unlike many other states, short-term disability in New York may be paid whether the injury was work-related or not.

Worker’s compensation recipients may remain on disability for a maximum 26 weeks out of 52 consecutive weeks. There is a 7-day waiting period before benefits can begin.

Permanent disability through Social Security

For longer-term disabilities brought about by work injuries, Social Security Disability is an option. Compensation under this program depends on injury but not on the claimant’s income.

Once an application for Social Security disability is approved, the applicant may be able to receive the benefits until retirement age, when the payments become Social Security retirement payments. A few events can stop SSDI payments before then:

Income – if the recipient returns to work and earns more than $1,180 per month, benefits may stop. There are trial programs through which recipients may go back to work for an amount of time as a trial for readiness without losing the right to collect disability benefits.
Improved condition – If the medical condition improves to the point that the claimant is no longer considered disabled, benefits will end. To make this determination, SSDI recipients undergo periodic continuing disability reviews. These typically take place every few years but the exact period depends in part on the prognosis for the disability.

According to the Social Security Administration, applications for SSDI can take from 90-120 days but in reality the process often takes well over a year. On average, it takes about 8-10 months for processing of the initial application, with hearings for denials and appeals stretching the process for well over a year.

Bring your questions to a New York Social Security disability attorney

Aronova & Associates is here to help New Yorkers in and around Manhattan and Long Island collect the disability benefits that they need while they recover. If you believe you might be entitled to recover disability benefits, call us today to speak with an experienced NY SSDI lawyer about your case. Our initial consultations are always at no cost to you.

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Innovative NY Workers Comp Program For Independent Contractors

Posted on April 10, 2023April 10, 2023 by Staff Writer

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Innovative NY Workers Comp Program for Independent Contractors

While workers compensation can be an important resource and source of benefits for workers injured on the job, coverage is linked to salaried, full-time employment. Contractors — workers who are not employed full-time, but who often work hourly or just for specific assignments — are not covered by workers compensation. As a result, they are not entitled to its benefits, which include compensation for medical bills and lost wages.

Number of Contractors Is Rising

What happens, then, when someone who is a contractor is injured while at work?

The issue is always important, but it has become even more pertinent given the growing role of contractors in the United States economy. Many benefits, including workers compensation, but also employer-paid health insurance and 401(k) retirement plans, were designed in a period when full-time salaried employment was the norm nationwide. They are, for the most part, effectively tethered to this form of employment.

Now, though, roughly 20% of the U.S. workforce works on a contract basis. Experts forecast that in the next 10 years, contractors might make up 50% of the total working population.

Innovative Program for Drivers, Supported by New York State

In late January, National Public Radio (NPR) focused on a ground-breaking program designed to provide workers comp and other benefits to contractors who are taxi and car drivers for the public. The beneficiaries are taxi and limousine drivers, as well as drivers for newer ride-hailing car services such as Uber and Lyft.

The program, called the Black Car Fund, exists only in New York. It was formed by New York state lawmakers in 1999, with the intent of offering workers compensation benefits to drivers who were injured while they were working.

It covers both part- and full-time drivers. Roughly 125,000 New York drivers are covered. The Black Car Fund is also expanding its benefits.

The Black Car Fund functions well, observers say, because the state’s legislature and the taxi and limousine sector both threw their support behind it. The New York state taxi and limousine industry has traditionally been heavily regulated, and has historically been a business were drivers often contracted for work, rather than working full-time, or for one employer.

The sector saw it as a reasonable way to solve the problem of work-related accidents that harmed drivers.

The fund receives the money it pays out in benefits from a 2.5% consumer surcharge, which is levied on every taxi, limousine, and car ride in the state.

A Model for Other States?

Not only is the Black Car Fund successful in protecting its drivers from facing job-related injuries entirely alone and on their own dime, but several other states see it as a model for solving the problems of contractors nationwide.

Both New Jersey and Washington state, for example, are considering legislation that would require fee collection for a wide spectrum of freelance work. Like the Black Car Fund, the fees would be used to fund workers compensation.

The program addresses a growing contemporary problem: as more and more workers are contractors, a system designed to provide benefits only to salaried employees increasingly doesn’t work for a large segment of the public.

If You Need to Speak to an Attorney About Workers Comp

Aronova & Associates offers legal representation to New Yorkers who have been hurt on the job. We will fight to protect your rights, and make sure you get every dime of worker’s compensation that is owed to you. Call us today to speak with an experienced NY worker’s compensation lawyer about your case. All initial consultations are at no cost to you.

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Top 5 Reasons Work Social Security Disability Lawyer

Posted on April 10, 2023April 10, 2023 by Staff Writer

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Top 5 Reasons to Work With a Social Security Disability Lawyer

The Social Security Disability Insurance (SSDI) program provides essential benefits to those who are unable to work because of a disability, but the application process can often be challenging. Complex eligibility requirements and confusing paperwork can overwhelm applicants and lead to denied claims. The Social Security disability lawyers at Aronova & Associates invite New Yorkers to contact us to have their SSDI questions answered. Working with a legal representative on your disability claim has a number of advantages, from making sure your documentation is complete, to ensuring that you receive all the benefits you are entitled to.

Here are 5 reasons to consider partnering with a skilled and experienced SSDI lawyer from our firm.

1. You will improve your chance of approval at the initial application level.

More than 60% of all applications for Social Security disability benefits are denied at the initial application level. One of the most common reasons for denial is that an application has missing or incomplete information. An SSDI lawyer will verify that your application has all of the information that the Administration needs to make the right decision.

2. Anticipate the 5-step process that the Administration uses to determine disability.

That process includes:

Determining your financial eligibility for benefits
Identifying whether your impairment is severe
Identifying if you have a highly disabling or fatal impairment
Examining if your disability precludes you from performing job tasks that you had previously performed
Examining if your disability precludes you from performing any new job tasks that could be assigned to you

Your application can be denied at any one step of this 5-step process. An experienced lawyer at Aronova & Associates will draft your application to reduce chances of denial.

3. Get an earlier disability start date.

The onset date of your disability is based on the circumstances of your injury, your work history, your medical records, and other evidence. We can help you get the benefits you need at the earliest possible date.

4. You incur no out-of-pocket costs.

We do not accept any up-front fees when we work with you on your SSDI application. Instead, we receive a pre-arranged percentage of the money you are awarded, after your application is approved. If the Social Security Administration denies your claim, you will not owe us anything.

5. Meet all deadlines.

If you miss an application deadline, you may have to start the process over from the beginning, or even forfeit your right to benefits. As your legal representative, your attorney will relieve you of the stress of worrying about deadlines. We will will make sure that no “red tape” impedes you from getting the benefits you deserve, as soon as possible.

Discouraged by the SSDI process? Turn to Aronova & Associates

The SSDI attorneys at Aronova & Associates have helped clients throughout the five boroughs of NYC and Long Island to successfully complete and file applications for disability benefits. Call us today if you have any questions about our services, or any aspects of filing an SSD insurance application.

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Social Security Disability Insurance Changes 2018

Posted on April 10, 2023April 10, 2023 by Staff Writer

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Social Security Disability Insurance Changes for 2018

The Social Security Disability lawyers at Aronova & Associates stay on top of all the latest changes to SSDI policy in New York so that our clients get the best opportunity to maximize their benefits. Social Security Disability Insurance applicants and benefits recipients will see several changes in 2018.

Cost of Living Adjustments Will Increase SSDI Maximum Payments

The 2018 cost of living adjustment (COLA) will increase benefits by 2%, which is the largest COLA increase since 2012. COLA increases typically track the Department of Labor’s Consumer Price Index (CPI). When inflation is low, as it has been for the past several years, the CPI changes only slightly, or not at all. The cumulative increase in the CPI over the past six years accounts for the 2% 2018 SSDI increase.

Single individuals receiving maximum federal benefits will see their payouts increase from $735 to $759 per month. Married couples will see a monthly increase from $1,103 to $1,125. In general, the average benefits paid to all disabled workers will grow from $1,173 to $1,197 per month.

SSDI Recipients Will Be Entitled to Receive More Income From Gainful Activity

The Social Security Administration limits the amount of income that a disabled worker may receive in exchange for any substantial gainful activity (SGA), without forfeiting disability benefits. The monthly SGA income limit has increased in 2018 by $10 for a non-blind person to $1,180, and by $20 for a blind person to $1,970. Further, a disabled person who returns to work on a trial basis, and in 2018 earns more than $850 per month, will not jeopardize his or her SSDI benefits. The Administration will not consider a trial work period to be proof of an ability to return to full-time work until the worker has performed services for nine months in a rolling 60-month period. Those nine months can be non-consecutive.

SSDI Exclusions for Students

In 2018, students under the age of 21 that regularly attend school can exclude up to $1,820 per month, with a maximum allowable annual exclusion of $7,350, from SSDI benefits. This enables students to retain a larger portion of those benefits, and will help many of them stay in school for additional education and training.

No Changes to Resource Limits

Social Security disability insurance is still a needs-based program. Individuals that own more than $2,000 in assets and couples that own more than $3,000 will begin to see their SSDI benefits decrease, as the Administration expects them to use more of their assets and resources to pay their expenses. These resource limits did not change in 2018. The administration has a number of rules that it uses to determine what resources are considered against this limit, and which resources may be excluded.

Aronova & Associates: Your SSDI Attorneys in New York

Our SSDI attorneys represent disabled workers in Manhattan, the five boroughs, and Nassau County, Long Island, to apply for and receive the Social Security Disability Income benefits they deserve when they are unable to work due to a debilitating injury.

The Social Security Administration receives thousands of applications for SSDI benefits every week. Give yourself the best chance at getting approved the first time by enlisting the help of a knowledgeable and helpful attorney at Aronova & Associates. Call today for a free consultation.

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Workers’ Compensation vs. Health Insurance: Which Will Cover Your Injury Costs?

Posted on March 27, 2023April 10, 2023 by Staff Writer

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Workers’ Compensation vs. Health Insurance: Which Will Cover Your Injury Costs?

Workers’ compensation is a special type of insurance and New York law requires most employers to purchase it to protect their employees. However, it is not necessarily the employee’s only means of protection.

If an employee is injured at work, workers’ compensation may provide coverage for medical bills and possibly other benefits. But the employee’s personal health insurance might also provide coverage for medical bills. If the on-the-job injury is a work-related auto accident, the employee’s auto insurance may also provide medical payments up to a certain limit.

Learn more about how the benefits from worker’s comp compare to those from health insurance.

NY workers comp overlapping coverage

If you’re hurt on the job, filing a workers’ compensation should always be your first priority, because:

Private insurance may exclude coverage for work-related injuries.
Worker’s compensation procedures include notice requirements, so you need to make sure your claim is filed in a timely fashion.

In the insurance and benefits industries, managing these overlaps in coverage is sometimes referred to as coordination of benefits. There are some things to keep in mind if you are facing this type of situation.

Managing worker’s compensation and other benefits

Each situation will be different, but there are some general guidelines to keep in mind when dealing with a work injury.

Each type of coverage has its own rules (or policy terms). Your claim needs to comply with each that may apply.
Worker’s compensation usually provides more comprehensive benefits than those found under private health insurance.
If the injured employee receives other government benefits, such as Social Security or Medicaid, there could be further coordination of benefits issues. Speak with a professional to prevent problems with coverage.
No matter how many sources may provide compensation for an injury, the employee may only recover once – there is no double-dipping allowed.
Insurers and government agencies have what is called a right of subrogation, which lets them seek reimbursement for what they have paid out on your claim from third parties or other insurers who are legally liable.
If you seek more than one type of benefit, be careful not to jeopardize the other benefits. If you are not sure workers’ compensation will cover your injury, make sure the doctors you see are in your health insurance network, in case you need to rely on that policy for your treatment.

When do I need a New York workers compensation lawyer?

When work injury claims become complicated by multiple coverages, seek help from a dedicated NY workers comp lawyer who can coordinate your benefits, ensure your obligations as a claimant are met, and manage subrogation claims.

The dedicated attorneys at Aronova & Associates represent injured workers from Manhattan to Long Island and throughout the greater NYC area. We take the time to understand your injuries, address your concerns, and aggressively pursue maximum compensation on your behalf. Call today to schedule a free consultation.

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Disclaimer: The submission of our contact form does not form an attorney-client relationship. You may not rely upon this information as legal advice.