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.

Thursday, May 21, 2015

Are NY Workers' Compensation Benefits Taxable?

NO!!!   If you are receiving workers' comp benefits in NY then note that your benefits are generally not taxable for income tax purposes.  If you are receiving SSD though those benefits are taxable, and you will receive a 1099 from the Federal Government.  There are situations where your social security disability benefits are lowered due to workers' comp but you pay tax in the whole social security amount - something called a back door tax - so you should definitely speak with an SSD attorney to get your answers regarding whether to apply to SSD benefits. 

What Does "Reserved Decision" Mean in NY Workers' Comp?

Reserved Decision means that the Judge has not yet made up his mind, but will write his ruling after having time to review all the evidence.  Usually, from practice, it means he will find against the Claimant and does not want to say so in front of the Claimant at a hearing.  BUT sometimes it has nothing to do with that and all to do with still needing more time to review the entire record.  The judge then files a written decision.

If I Return to Work After a Work-Related Injury But Work Part-Time Only or Make Less Money, Am I Still Entitled to Workers' Comp Benefits?

YES, so long as your decreased paycheck is because of your work-related injury, meaning that you can only now work part time or in a different position because of your work injury.  You will need medical reports saying you have work restrictions, BUT you will be able to receive 2/3 of the difference between what you used to make prior to the accident and what you are making now up to the statutory maximum rate of benefits for your date of injury.

If My Doctor Says I Have A Work Related Disability, Am I Automatically Entitled to Benefits?

Unfortunately, NO.  It is not that simple.  Even though NY Workers' Compensation Law requires that you produce a medical report showing that you have a causally related diagnosed injury or condition AND saying that you are disabled from work (and the specific level of disability you have), that is just ONE part of the administrative process.  In order to determine whether you are entitled to benefits there are other factors that must be taken into account, such as whether there was proper notice given, whether you truly are an employee, whether there is contrary medical evidence (such as an IME) saying you are not disabled or that your disability is not causally related, etc.  So although you MUST have a medical report indicating you have a causally related disability from work that will not automatically entitle you to comp benefits. 

Wednesday, May 20, 2015

Do NY Workers' Compensation Wage Loss Benefits Ever Get Adjusted For Inflation or Cost of Living As Time Passes?

NO!!!!  They do not.  In NY weekly wage loss benefits are based on your average weekly wage at the time of your accident, and the rate of benefits is also fixed by the cap amount correspondent to your date of injury.  So even though the cap increases every July, you do not get an increase unless you have a new accident and therefore a new date corresponding to a new cap.  There is nothing your attorney or the Judge can do to change that fact.  The only way to change the law is through the legislature passing new reform. 

Why Do I Have to Continue Treatment During the Life of My Workers' Comp Case?

The only way to continue to receive weekly wage benefits is to provide proof that you are unable to work due to the work related injury that made you stop working in the first place.  So, if you do not continue treating and seeing your doctor, you do not have proof of a continued disability and you do not receive benefits.  The law now requires that you show evidence of a continuing disability at least every 90 days in order to continue to be entitled to wage benefits. 

Tuesday, May 12, 2015

If You're Hurt and Distraught, Call Medici Law!

I have developed a jingle and I am working on getting it made.  I was also recently named best workers' comp attorney in NY as of 2014 - a huge honor.  You can view my client reviews here: http://www.avvo.com/attorneys/11747-ny-camila-medici-3797474/reviews.html.  Currently I rely on word of mouth to get the word out about my practice, but soon I may dive into the world of advertising...not sure how soon however.

My practice was a big dream of mine.  I am a low volume firm in a high volume industry and it pays off for me and my clients. Maybe more for my clients than for me, but I don't mind that.  I am happy that I know I can do right by them, get them more than anyone else in record time, beating my competition.  It's sad that still most people don't know I exist, so, I hope those of you who do and are happy about me will help me get the word out, and in turn I will definitely make a HUGE difference in yours or your friends' case.

If you're hurt and distraught, call Medici Law and see the Medici difference.  Medici Law P.C. provides unparalleled service and representation.  I gave up a prestigious position of Head Attorney of the Workers’ Compensation Department of a prominent Law Firm because I believed in my vision and wanted free-reign to accomplish my goals. I wanted a firm that was in sync with the needs and advancements of today; a firm that recognized the individual needs of human-beings and purpose of life, which is happiness.

This may sound simplistic at best, but upon reflection it is quite complex. Many great professionals give up their careers because they are not happy with the sacrifices they are required to make in order to keep it, and the ones that make the sacrifices in order to stay often become jaded. The inevitable result of both is a downfall in the quality of services rendered.

Technology has brought us the ability to provide the same – if not better – services without as many sacrifices. There is no reason to be confined to an office and bound by hours of operation when most tasks can be accomplished from anywhere, at anytime. Laptops, Blackberries, Cell-Phones, Video-Conferences, Cars, E-mail, Fascimiles, Remote Connections, all of those and more have made it possible for professionals to exercise their profession without giving up their humanity.

My objective is to become the first Results-Only Work Environment (ROWE) Law Firm in the world. I believe that it is in the best interest of both my clients and my employees to offer a stress-free, high productivity environment that rewards its workers for the results they accomplish and not for how much of their time they give up to make me feel in control. Face-time does not equal quality-time. Adopting this philosophy allows me to cater to all of my clients’ needs and provide them with unparalleled quality of service and results. At Medici Law we only care about how well and efficiently we cater to you and handle your case. We care about your quality of life during and after this process. We treat you as we would like to be treated, with respect, dignity, humility and delivery of an optimal outcome. And best of all, because we are ROWE we truly never stop working for you. We do all we can to accommodate your schedule for Attorney-Client meetings and we use all methods of communication to ensure we get back to you right away no matter how busy we may be at the time.

In choosing our firm, rest assured that you will benefit from our experience, integrity, and personal attention in your legal matter.

Experience: We are highly experienced and well qualified to represent you, your family, and your friends. We focus our practice in Workers’ Compensation representation, but we are also connected to the very best Attorneys for every type of personal injury related litigation, including cases involving medical malpractice, auto accidents, slip, trip, and fall injuries, construction accidents, social security disability, nursing home/elder care and neglect or abuse, wrongful death, estate litigation, administration and planning, mass tort and product liability. If you or anyone you know has a legal matter that requires the assistance of an Attorney, do not hesitate to call, and we will work tirelessly to make sure you get the help you deserve from the very best.
Integrity: At Medici Law, P.C. we are committed to the highest ethical standards. When we make a promise, we keep it. We treasure the prominent reputation we have developed over many years of dedication to injured workers. You can be sure you are in good hands.

Personal Attention: While our practice grows over the years, one thing will remain constant: our dedication to personal attention. As our Client you can rest assured that your Attorney will not hide behind receptionists; you will get the respect you deserve and attention you need. We’ll explain the legal process and we will keep you informed every step of the way.

Every piece of information we give you is aimed at helping you maximize your case. If you have any questions at any time, we will be happy to talk to you. IF YOU ARE HURT AND DISTRAUGHT, CALL MEDICI LAW!  631-742-1272 (TEXT OR CALL), CMEDICI@MEDICILAW.COM, OR VISIT WWW.MEDICILAW.COM.

Most Recent Wage Benefits Table and Info

Accidents Taking Place On or After                       Maximum  

July 1st ,2014                                                             808.65
July 1st, 2013                                                             803.21
July 1st, 2012                                                               792.07
July 1st, 2011                                                               772.96
July 1st, 2010                                                               739.83
July 1st, 2009                                                               600
July 1st 2008                                                                550
July 1st 2007                                                                500
July 1st 1992                                                                400

And as of July 1st, 2015 it will change once again!  

Also, remember this:

How your wage benefits are calculated:

Mild disability = 1/6 of your gross average weekly wage up to the statutory maximum.

Moderate disability = 1/3 of your gross average weekly wage up to the statutory maximum.

Marked disability = 1/2 of your gross average weekly wage up to the statutory maximum.

Total disability = 2/3 of your gross average weekly wage up to the statutory maximum.


            Your doctor is the one who determines your degree of disability as a result of the work accident.  In order for you to be able to collect wage benefits, your doctor’s reports MUST indicate the exact percentage of disability that you have and explain how it related to the work accident.  Without an exact percentage (for example, if your doctor simply states that you are partially disabled but does not indicate how much percentage of partial disability you have) you may only be able to receive the minimum amount available in the partial category.  Therefore it is CRUCIAL that you MAKE SURE your doctor’s reports indicate the exact percentage disability you have AND that your disability is causally related to your work accident.