New York Workers' Compensation is an intricate area of law that is often subject to a number of misconceptions. This site is intended to help readers seeking clarification on the topic of NY Workers' Comp. Whether you are an injured worker lost amidst the complexities of Workers' Comp, a doctor who is not sure how to properly handle a Workers' Comp patient's file, or simply a curious New Yorker who worries about what would happen if you were ever injured on the job, I hope that the content of this site will deliver the answers you seek, even to questions you didn't know to ask.

It is my pleasure to welcome you into the world of New York Workers' Compensation. I hope you enjoy your visit, spread the word, and come back soon.

Best regards,

Camila P. Medici, Esq.

Tuesday, October 12, 2010

What Happens at the First Hearing

At your first Hearing you attorney will attempt to formally “establish” your case.  This means that the following elements of your case have to be determined by the Judge:

1.     Did your accident take place during your regular work hours?;
2.     Did you properly notify your employer when the accident happened?;
3.     What was your average weekly wage before taxes at the time of the accident?;
4.     Did you seek medical treatment for your injury, and are you continuing to treat with a physician?; and
5.    Did you lose any time from work?  If so, are you being paid compensation, and if being paid, is it the proper weekly compensation rate?

In this regard, it is of vital importance that your attorney is in possession of certain documentation before your hearing.  You should forward the following information to your attorney's office as soon as possible so your attorney can properly update your file:

1.     A copy of your pay stubs/tax returns/W-2s for one (1) year prior to your accident, and a copy of the same for the year in which the accident happened;
2.     Names and current addresses of any witnesses to your accident;
3.    Names, addresses, and telephone numbers of any/all medical providers that you are treating with and all medical forms, narratives, and records, stating your degree of disability as a result of this accident.

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