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This page is created by The Disability Guys.
The Disability Guys are here to help guide you to get the medical care you need,the benefits that you are entitled to and take back control of your life no matter what stage your claim is at or type of case.
On the 20th anniversary of 9/11, our thoughts and prayers go out to the victims of the disaster and their loved ones. Over the years, we have represented hundreds of them and continue to help those who have been injured in the wake of it.
New episode of Words to Know with The Disability Guys is out now! Today’s word is “OCCUPATIONAL DISEASE”,
An occupational disease is an illness or other medical condition that develops over time as a natural result of work. To learn more about Occupational Diseases and hear some examples, check out this quick video!
07/04/2021
Happy Fourth of July, we hope you have a fun and safe independence day celebration!
New episode of Words to Know with The Disability Guys is out now! Today’s word is “NOTICE”.
After you are injured at work, you must tell your employer about the accident within 30 days. To learn more about notices in workers’ compensation, check out this quick video!
New episode of Words to Know with The Disability Guys is out now! Today’s word is “Memorandum of Board Panel Decision” (MOBPD).
MOBPDs are written decisions that are made by 3 members of the Workers Compensation Board after an appeal on a finding. Check out this quick video of Brian to learn more about MOBPDs!
05/26/2021
Who chooses the doctor I see if I am injured at work?
05/25/2021
For many Supplemental Security Income (SSI) recipients, the stimulus checks have pushed their assets above the $2k limit and resulted in losing benefits.
According to Stacy Cloud, the director of policy and administrative advocacy for the National Organization of Social Security Claimants' Representatives , “If the resource limit were $10,000 this would be a lot less of an issue.”
Stimulus Checks Cause Some To Lose Disability Benefits Legal aid attorneys say the government is mistakenly docking benefits because of coronavirus rebate payments.
New episode of Coffee with The Disability Guys is out now!
In this episode, Brian explains the importance of letting the insurance company and your attorney know if you are earning money doing independent contracting work on the side (such as driving for Uber or Doordash) after getting injured at your main job.
New episode of Words to Know is here!
Today’s word is “electronic signature”, which refers to signing a document on your computer instead of using pen and paper. Normally, certain documents may be signed electronically and other documents must have a real (“wet”) signature. Since the start of the pandemic, electronic signatures have been accepted on all forms. If you want to know more about electronic signatures in workers’ comp, watch this quick video.
New episode of Words to Know is here!
Today’s word is MEDICAL TREATMENT GUIDELINES (MTG). Since the 2007 reforms, the Workers' Compensation Board has been producing MTGs for specific body parts or systems. These Guidelines explain to doctors how to view your injury, treat your injury, what will be allowed, and what permission has to be requested if it is not normally allowed under the Guidelines.
It is very important that your doctor follows the guidelines so that you can get the medical treatment that you deserve. To learn more about the Medical Treatment Guidelines, watch this quick video.
New episode of Words to Know is here!
Today’s word is MEDICAL REPORTS. Everything in Workers' Compensation is based on medical evidence. Without properly filled out and properly filed medical reports, even if it is clear that you are disabled, you may not be able to get benefits. Join Brian for this episode of Words to Know to find out why medical reports can make or break your case.
New episode of Words to Know is here!
Loss of wage earning capacity (LWEC) is used to represent your ability to make money in the future after becoming permanently disabled. This will be used to determine how many weeks of wage replacement benefits you can receive. Watch this quick video from Brian to learn more about how LWEC affects your future benefits.
New episode of Words to Know is here!
Today’s word is “electronic signature”, which refers to signing a document on your computer instead of using pen and paper. Normally, certain documents may be signed electronically and other documents must have a real (“wet”) signature. Since the start of the pandemic, electronic signatures have been accepted on all forms. If you want to know more about electronic signatures in workers’ comp, watch this quick video.
New episode of Words to Know is here!
Loss of wage earning capacity (LWEC) is used to represent your ability to make money in the future after becoming permanently disabled. This will be used to determine how many weeks of wage replacement benefits you can receive. Watch this quick video from Brian to learn more about how LWEC affects your future benefits.
03/31/2021
Can I be fired for filing a claim?
03/20/2021
New York Attorney General, Letitia James, is suing Amazon for disregarding worker safety during the pandemic and retaliating against workers who raised concerns!
New York AG Sues Amazon Over 'Flagrant Disregard' for Worker Safety During Pandemic "We won't let corporate bullies put hardworking New Yorkers in harm's way," said the state attorney general, Letitia James.
03/10/2021
Am I entitled to workers' compensation?
New episode of Words to Know is here!
Today’s word is FRAUD, which is misrepresentation in workers’ compensation. The law dictates that if any party (an injured individual, insurance company, employer, etc.) does something that misrepresents actions, then that individual can receive a penalty for that misrepresentation. These penalties can include suspension of all benefits and having to pay money back.
To learn more about what is considered fraud in workers’ compensation cases, check out this video from Brian.
NEW EPISODE OF WORDS TO KNOW IS HERE!
Today’s word is Independent Medical Exam (IME), which is the official report and medical examination that is carried out by the insurance company’s doctor. It is hardly ‘independent’ since it basically functions as a paid consultation for the defense. Throughout your Workers' Compensation case, the insurance company will have you examined multiple times on the need for treatment, degree of how disabled you are, as well as the need for prescriptions.
To learn more about IMEs, check out this video from Brian.
NEW EPISODE OF WORDS TO KNOW IS HERE!
Today’s word is FULL BOARD REVIEW (FBR), which is a decision issued by all 13 members of the Workers’ Compensation Board. If you disagree with this decision, your only option is to appeal to the court system in Albany, NY. To learn more about how FBRs work, you can watch this short primer video.
02/17/2021
Does my employer have coverage if I get injured on the job?
New episode of Words to Know is out now!
Today’s word is ELECTRONIC CASE FOLDER (ECF), which is the actual legal court folder for your case. This folder has every single document that was ever filed in your case. To learn more about the ECF, such as how to access it, watch this quick video from Brian.
02/10/2021
My doctor told me that I am doing better and do not need to see them as often -- However I am still not working. Is this ok?
NEW EPISODE OF WORDS TO KNOW!
Today’s word is AVERAGE WEEKLY WAGE. If you are out of work because of your injury, your workers’ compensation benefits are based on your average earnings. These earnings are calculated using your Average Weekly Wage (AWW) for the 52 weeks prior to your injury. If you want to know more about how AWW works, watch this short video from The Disability Guys.
New episode of Words to Know is out now!
Today’s word is ATTORNEY’S FEE, which is only approved and set by the Workers' Compensation Law Judge and will be paid out of your cash award. Attorneys cannot charge a fee without approval of the Workers' Compensation Board. If there is no cash award made, then the injured worker would owe no attorney’s fee. To learn more about attorney’s fees, check out this quick video from The Disability Guys.
NEW EPSIODE OF WORDS TO KNOW!
Today’s word is APPEAL. After a workers’ compensation judge makes a decision, you have a 30 day period where you or the insurance company can appeal or object to the decision. Otherwise, that decision becomes the law of your case. To learn more about how appeals work, watch this video from The Disability Guys.
01/23/2021
Marriott workers are protesting because just before getting laid off, their severance packages were reduced. Also their corporate owner will not commit to rehiring them if the hotel reopens.
Laid-Off Marriott Marquis Workers Protest In Times Square Hotel employees said that Marriott reduced their severance packages before laying off hundreds of workers this month.
01/16/2021
"Nonunion contractors, campaign organizers say, can underbid union contractors by cutting corners on safety and hiring workers who are in a weak position to object to low wages or getting shorted on pay—immigrants, many undocumented, and parolees recruited through “body shops,” who could be sent back to prison if they can’t hold a job."
Take It Back Campaign Urges Nonunion Workers to ‘Rise Up’ Against Greedy Developers – LaborPress NEW YORK, N.Y.—Over the last eight to ten years, nonunion contractors paying little more than minimum wage have made inroads into large-scale construction in Manhattan—and the campaign, a coalition of several building-trades union locals, wants to turn that around.
New episode of Words to Know is here!
Today’s word is CONTROVERTED. A ‘controverted’ or ‘contested’ claim is a claim that is being disputed by an insurance company and needs to be litigated in front of a judge. If you want to know more about controverted claims, you can watch this quick video from Brian.
01/09/2021
The MTA is receiving federal aid on the condition that it does not cut any of its rank-and-file staff!
MTA’s $4B in congressional COVID relief comes with temporary ban on layoffs The MTA is the only transit agency in the nation to have a no-layoff stipulation tied to its relief funding. That’s in part because the MTA is set to receive 28% of the $14 billion earmarked for American transit agencies through the bill.
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