Workers' Compensation

Workers' Compensation

If you or a loved one has ever gotten hurt on the job or has become disabled due to work related injury that occurred on the work site, you are entitled to collect compensation. Workers compensation is a form of insurance that provides wage replacement and medical benefits for employees.

This compensation is given from the company in exchange for the employee's right to sue his or her employer for negligence. Workers Compensation includes disability insurance, compensation for economic loss, reimbursement or payment of medical expenses. Employers are held liable for their employee's injury and must be responsible for paying these benefits.
The New York State Compensation Board states that all employers must provide workers' compensation coverage for their employees. Employers pay for this insurance, and do not require the employee to contribute to the cost of compensation. The Workers' Compensation Board will determine the reimbursements for cash benefits and/or medical care, and the amounts payable.

According to the compensation board, no one party is determined to be at fault in a workers compensation case. The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer's fault. Some exceptions include, if the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else. In some cases, injury prevents employees from earning the same wages they once did. They are now entitled to a benefit that will make up two-thirds of the difference.

The claim process begins with the victim seeking medical attention for their injuries. After obtaining the necessary medical treatment, the employee must notify the employer of their injury. The employee files a claim with the Board on Form Employee Claim (C-3) form. This must be done within two years of the accident, or within two years after the employee knew or should have known, that the injury was related to employment.
If you or a loved one has suffered due a work related injury, contact Rudolph F.X. Migliore, P.C.
Frequently Asked Questions:

What type of injury is covered under workers' compensation?

Benefits of workers compensation are generally given to employees who have been injured during their time of employment. Any injury whether it be a previous injury that has been aggravated due to current work or any other problems that are directly caused by a worker's employment is covered under worker's compensation.

If I am no longer working for an employer, am I able to pursue workers' compensation benefits if I was injured at the time of employment?
Contact an attorney to review your incident. If you comply with conditions associated with workers compensation you still may be entitled to collect.

How do I know if I am eligible to collect workers' compensation?
Contact an attorney and schedule a free consultation to review the incident

Are all employees eligible for workers' compensation?

In many cases, not all employees are eligible. There are many factors that vary results including the nature of the business, how many employees are in the company, what type of work the employees are doing, etc.
How can our law firm help you?

The Migliore law firm located on Long Island, has represented clients in a wide range of cases in the last three decades and has worked to protect the rights of workers. .
If you or someone you care about has been injured due to a work related incident, please contact the Long Island, NY law firm of Rudolph F.X. Migliore, P.C. at (631) 543-3663 to arrange a free case evaluation.

Product Liability Law

Manufacturers, retailers and suppliers who distribute and sell products are solely responsible for the injuries their products may cause. Product liability pertains to a manufacturing defect, design or failure to warn the consumer of the products hazards. The U.S. Consumer Product Safety Commission works to ensure the safety of consumer products, while protecting the public from risk of serious injury or death. Unfortunately, in many cases dangerous products or defects with a product find their way into the marketplace every year.

Product Liability has three different categories: negligence, breach of warranty and strict liability. Strict liability makes a person legally responsible for the damage or loss caused by his or her actions. In tort law, strict liability is the imposition of the liability on a party without finding of fault. For example, an employer can be held liable for their employees or, most commonly, companies associate with defectively manufactured products. Additionally, strict liability also holds the manufacturer liable if the product is defective, even if the manufacturer was not negligent in making that product defective.

Fosamax and DePuy Hip replacements are examples of product liability cases. DePuy Hip Replacements are designed to replace worn or weakened parts of the body’s natural hip. Many implants are not fitting properly, due to poor design by the manufacturer, causing patients to feel pressure or experience pain. DePuy Orthopedics issued a global recall of its defective ASR Hip Resurfacing System and ASR XL Acetabular Systems. Those who have had one of the defective hip replacement systems implanted must now undergo a revisionary or second surgery due to pain, swelling and mobility issues. These additional surgeries cause extra pain and inconvenience to the patient, making DePuy liable.

Fosamax, the prescription drug to treat osteoporosis may now cause patients to face significant risk of hip/thigh/femur fractures. It was discovered that some patients using Fosamax had severe pain in joints, muscles and/or bones. Many of these patients who have suffered a broken femur, thigh or hip fracture after a minor fall from this medication do not have to be involved in an athletic activity for a fracture to occur. Victims of both Fosamax and DePuy Hip Replacements have had to seek medical attention due to the products malfunctions or defective functionality of the product.

While there are a multitude of products available on the marketplace, these products may sometimes harm the consumer. In this case there are may be companies that are liable. As with some defective medical products, the very medicines or products meant to improve patients’ lives actually cause harm or even death.

If you suffer serious injury from the use of a dangerous product, you have the right to pursue fair and complete compensation for medical expenses, pain, suffering and rehabilitation. For more information, please contact our office at 631-543-3663.