Showing posts with label New York Attorney. Show all posts
Showing posts with label New York Attorney. Show all posts
August 11, 2016
Extended Commercial Release
June 15, 2011
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.
February 22, 2011
Concerns for Retired Fire Fighters
The Variable Supplement Fund (VSF) was established for retired Firefighters, Police, Transit and Housing officers in 1987. Officers who retire after 20 years of service are eligible to collect certain benefits under the legislation. The Variable Supplement Fund grants retirees pay and retirement benefit parity every year.
Mayor Bloomberg has announced his desire for discontinuation of the VSF for retirees. They would strip the $12,000 annual payouts from personnel and future retirees, which has been costing the city hundreds of millions a year. At a time when retirement costs are burdening tax payers, Bloomberg has continued to push Albany for broad pension cut-backs. It’s questionable whether current retirees could be denied the VSF because it is for past service, or at the very least, it is under attack. What is most concerning is the possibility that current retirees could lose more than the Variable Supplement Fund. There are calls to cut-back on retirees’ healthcare and Medicare part B coverage. This would significantly increase out of pocket medical expenses, as well as Medicare reimbursement.
There have been increasing calls for a Constitutional Convention at the New York State level. Currently, all retired fire fighters pensions are protected by a New York State constitutional guarantee. As the pension crisis mounts, many want to begin a Constitutional Convention where this pension guarantee could be removed. In addition, the well-deserved pensions of retired Firefighters have come under attack in the media with much blame being put on the pension system for the large state financial deficit.
However, it is concerning that Mayor Bloomberg, former Mayor Koch and Governor Cuomo have all called for a Constitutional Convention. The likelihood of bringing one about at this juncture is remote to impossible. Nonetheless, the state constitution does call for a Constitutional Convention, the next potential date being 2017. Future pensions are at a much greater risk than existing pensions, but this still presents a challenge to pensions nonetheless.
The media assault on the cost of pensions and healthcare over the last 12 months has been relentless. Again, they are looking to turn public opinion against the firefighters. One retired Firefighter recently commented “ten years ago we were heroes; today they want to treat us like bums”. Fire fighters have served the city of New York and deserve their hard earned pension. Like many retired FDNY Firefighters, they depend on their pension to survive in this economy.
The Law firm of Rudolph F.X. Migliore, P.C has been monitoring this situation and understands the effect it will have on those who have served the city of New York. Rudolph Migliore stands with all the retired fire fighters of New York City. It will be necessary for all our state legislators to hear from the retired FDNY and if possible have a delegation visit each of their offices. Firefighters are the smallest of all unions and have the least amount of retirees. Accordingly, they will need to speak up all the more forcefully to be heard and not be short-changed. They need to fight back in the media as usual. This involves many letters to the editor, online postings using social networking (facebook, twitter, youtube) and websites. It is important to defend those who have served us for so many years.
Mayor Bloomberg has announced his desire for discontinuation of the VSF for retirees. They would strip the $12,000 annual payouts from personnel and future retirees, which has been costing the city hundreds of millions a year. At a time when retirement costs are burdening tax payers, Bloomberg has continued to push Albany for broad pension cut-backs. It’s questionable whether current retirees could be denied the VSF because it is for past service, or at the very least, it is under attack. What is most concerning is the possibility that current retirees could lose more than the Variable Supplement Fund. There are calls to cut-back on retirees’ healthcare and Medicare part B coverage. This would significantly increase out of pocket medical expenses, as well as Medicare reimbursement.
There have been increasing calls for a Constitutional Convention at the New York State level. Currently, all retired fire fighters pensions are protected by a New York State constitutional guarantee. As the pension crisis mounts, many want to begin a Constitutional Convention where this pension guarantee could be removed. In addition, the well-deserved pensions of retired Firefighters have come under attack in the media with much blame being put on the pension system for the large state financial deficit.
However, it is concerning that Mayor Bloomberg, former Mayor Koch and Governor Cuomo have all called for a Constitutional Convention. The likelihood of bringing one about at this juncture is remote to impossible. Nonetheless, the state constitution does call for a Constitutional Convention, the next potential date being 2017. Future pensions are at a much greater risk than existing pensions, but this still presents a challenge to pensions nonetheless.
The media assault on the cost of pensions and healthcare over the last 12 months has been relentless. Again, they are looking to turn public opinion against the firefighters. One retired Firefighter recently commented “ten years ago we were heroes; today they want to treat us like bums”. Fire fighters have served the city of New York and deserve their hard earned pension. Like many retired FDNY Firefighters, they depend on their pension to survive in this economy.
The Law firm of Rudolph F.X. Migliore, P.C has been monitoring this situation and understands the effect it will have on those who have served the city of New York. Rudolph Migliore stands with all the retired fire fighters of New York City. It will be necessary for all our state legislators to hear from the retired FDNY and if possible have a delegation visit each of their offices. Firefighters are the smallest of all unions and have the least amount of retirees. Accordingly, they will need to speak up all the more forcefully to be heard and not be short-changed. They need to fight back in the media as usual. This involves many letters to the editor, online postings using social networking (facebook, twitter, youtube) and websites. It is important to defend those who have served us for so many years.
February 8, 2011
The Potential Side Effects of DePuy Hip Implants
DePuy Orthopedics, a division of Johnson and Johnson has issued a global recall of its orthopedic devices ASR Hip Resurfacing System and ASR XL Acetabular System in August 2010. These two defective hip replacements have already been implanted in patients for the past seven years since July 2003. Those who had one hip replacement system implanted must now undergo a revisionary or second surgery due to pain, swelling and mobility issues.
The DePuy hip replacement is designed to replace worn or weakened parts of the body's natural hip. Studies have shown that one in eight patients will need a second procedure to correct the original implant. The implants are not fitting properly, due to poor design by the manufacturer, causing patients to feel pressure or experience pain. The two recalled devices were available to patients since July 2003. Patients who had the product implanted over the last seven years may have received a defective DePuy hip replacement device.
Patients should contact their doctor to ensure they were not given the recalled device. Regardless of symptoms, DePuy recommends that patients seek medical attention even if you are not experiencing pain. There are several different models of hip implants and not all patients were given the defective product. Of those that were given the defective implant, only some of them need to have revisionary surgery. Medical professionals can diagnose patients and take the proper steps to avoid any dangerous complications that may occur.
Twelve percent of the DePuy hip replacement recipients have experienced hip pain, pain while walking, pain bearing weight, swelling and pain when rising from a seated position. Even daily activities are affected by this hip replacement. If you are experiencing such discomfort, victims should seek help immediately from their doctor or medical professional. These side effects are not normal, as the hip replacement is meant to relieve pain and suffering.
Unfortunately, in many cases when the device was removed, it can leave behind dangerous fragments that may or may not be discovered until years after. Complications include dislocation of the device, metal sensitivity and chronic pain or osteolysis, when fine bits of plastic debris wear off over time. These may cause other health complications and alter a patients quality of life.
Hip replacement lawsuits are being filed against DePuy nationwide. DePuy hip replacements are causing major complications and painful health conditions to victims. Individuals harmed by the DePuy hip replacement surgery should seek legal help. The Long Island law firm of Rudolph F.X Migliore, P.C has the resources to handle product liability cases. The Migliore firm has represented clients in a wide range of product liability cases in the last three decades and has worked with nationally recognized co-counsel to reach successful settlements for clients.
If you or a loved one has experienced hip pain, limited mobility or suffering caused by the DePuy hip replacement surgery, contact the Long Island, NY Law firm of Rudolph F.X. Migliore, P.C at (631) 543-3663 to arrange a free case evaluation.
Visit: www.migliorelaw.com
The DePuy hip replacement is designed to replace worn or weakened parts of the body's natural hip. Studies have shown that one in eight patients will need a second procedure to correct the original implant. The implants are not fitting properly, due to poor design by the manufacturer, causing patients to feel pressure or experience pain. The two recalled devices were available to patients since July 2003. Patients who had the product implanted over the last seven years may have received a defective DePuy hip replacement device.
Patients should contact their doctor to ensure they were not given the recalled device. Regardless of symptoms, DePuy recommends that patients seek medical attention even if you are not experiencing pain. There are several different models of hip implants and not all patients were given the defective product. Of those that were given the defective implant, only some of them need to have revisionary surgery. Medical professionals can diagnose patients and take the proper steps to avoid any dangerous complications that may occur.
Twelve percent of the DePuy hip replacement recipients have experienced hip pain, pain while walking, pain bearing weight, swelling and pain when rising from a seated position. Even daily activities are affected by this hip replacement. If you are experiencing such discomfort, victims should seek help immediately from their doctor or medical professional. These side effects are not normal, as the hip replacement is meant to relieve pain and suffering.
Unfortunately, in many cases when the device was removed, it can leave behind dangerous fragments that may or may not be discovered until years after. Complications include dislocation of the device, metal sensitivity and chronic pain or osteolysis, when fine bits of plastic debris wear off over time. These may cause other health complications and alter a patients quality of life.
Hip replacement lawsuits are being filed against DePuy nationwide. DePuy hip replacements are causing major complications and painful health conditions to victims. Individuals harmed by the DePuy hip replacement surgery should seek legal help. The Long Island law firm of Rudolph F.X Migliore, P.C has the resources to handle product liability cases. The Migliore firm has represented clients in a wide range of product liability cases in the last three decades and has worked with nationally recognized co-counsel to reach successful settlements for clients.
If you or a loved one has experienced hip pain, limited mobility or suffering caused by the DePuy hip replacement surgery, contact the Long Island, NY Law firm of Rudolph F.X. Migliore, P.C at (631) 543-3663 to arrange a free case evaluation.
Visit: www.migliorelaw.com
February 3, 2011
The Dangers of Fosamax, a Bisphosphonates drug
The Food and Drug Administration has continually reported the dangerous side effects of the prescription drug, Fosamax. Once known as the drug to treat and prevent osteoporosis in post-menopausal women and steroid-induced osteoporosis in men, it has been determined that these patients who took the drug face significant risk of a spontaneous femur fracture injury. Patients who suffer from this medication do not have to be involved in an athletic activity for a fracture to occur. In most cases, women and men have done basic daily activities and have experienced a fracture.
In recent news, the FDA has encouraged healthcare professionals to re-evaluate their patients and determine whether bisphosphonate therapy is needed. Bisphosphonates are a class of drugs that strengthen bone density, usually used to treat osteoporosis. The FDA has also concluded that although the drugs have not been proven to directly cause the fractures, the fractures are mainly reported to patients who took bisphosphonates. Based on this information, it has been reported that bisphosphonates cause multiple implications in the body other than femoral fractures.
As of January 2011, there has been a link to an increased risk of osteoporosis of the jaw. This condition keeps the patient from properly healing after minor traumas, surgery or tooth extractions, leading to loss of teeth, gum infections and jaw bone damage. Fosamax should not be used for patients with certain disorders of the esophagus. Severe digestive reactions, heartburn, inflammation or ulceration of the esophagus may be developed. For prescriptions starting this year, Fosamax will include a new label updating the new information that has been uncovered about this drug. More patients will be aware of these side effects and take whatever precautions are necessary to avoid injury.
Fortunately, patients may also ask their healthcare professional for any alternative remedies to reduce the skeletal disorder, osteoporosis. Maintaining a healthy lifestyle and a balanced diet, can significantly reduce the risk of bone less and may strengthen bone density. For patients suffering from osteoporosis, eating a healthy diet which includes adequate amounts of calcium and vitamin D are necessary, which can be found in green vegetables, dairy and some salt water fish.
Patients who experience pain in the groin or thigh area should seek medical attention immediately before a complete fracture occurs. For additional information, visit www.webmd.com
Fosamax is the link to many types of painful health conditions. Individuals harmed by Fosamax should seek legal help. The Long Island law firm of Rudolph F.X Migliore, P.C has the resources to handle Fosamax prescription drug cases. The Migliore firm has represented clients in a wide range of product liability cases in the last three decades and has worked with nationally recognized co-counsel to reach successful settlements for clients.
If you or a loved one has used the osteoporosis medication Fosamax and later suffered a femur (hip/thigh/jaw) fracture contact the Long Island, NY Law firm of Rudolph F.X. Migliore, P.C at (631) 543-3663 to arrange a free case evaluation. Visit: www.migliorelaw.com
In recent news, the FDA has encouraged healthcare professionals to re-evaluate their patients and determine whether bisphosphonate therapy is needed. Bisphosphonates are a class of drugs that strengthen bone density, usually used to treat osteoporosis. The FDA has also concluded that although the drugs have not been proven to directly cause the fractures, the fractures are mainly reported to patients who took bisphosphonates. Based on this information, it has been reported that bisphosphonates cause multiple implications in the body other than femoral fractures.
As of January 2011, there has been a link to an increased risk of osteoporosis of the jaw. This condition keeps the patient from properly healing after minor traumas, surgery or tooth extractions, leading to loss of teeth, gum infections and jaw bone damage. Fosamax should not be used for patients with certain disorders of the esophagus. Severe digestive reactions, heartburn, inflammation or ulceration of the esophagus may be developed. For prescriptions starting this year, Fosamax will include a new label updating the new information that has been uncovered about this drug. More patients will be aware of these side effects and take whatever precautions are necessary to avoid injury.
Fortunately, patients may also ask their healthcare professional for any alternative remedies to reduce the skeletal disorder, osteoporosis. Maintaining a healthy lifestyle and a balanced diet, can significantly reduce the risk of bone less and may strengthen bone density. For patients suffering from osteoporosis, eating a healthy diet which includes adequate amounts of calcium and vitamin D are necessary, which can be found in green vegetables, dairy and some salt water fish.
Patients who experience pain in the groin or thigh area should seek medical attention immediately before a complete fracture occurs. For additional information, visit www.webmd.com
Fosamax is the link to many types of painful health conditions. Individuals harmed by Fosamax should seek legal help. The Long Island law firm of Rudolph F.X Migliore, P.C has the resources to handle Fosamax prescription drug cases. The Migliore firm has represented clients in a wide range of product liability cases in the last three decades and has worked with nationally recognized co-counsel to reach successful settlements for clients.
If you or a loved one has used the osteoporosis medication Fosamax and later suffered a femur (hip/thigh/jaw) fracture contact the Long Island, NY Law firm of Rudolph F.X. Migliore, P.C at (631) 543-3663 to arrange a free case evaluation. Visit: www.migliorelaw.com
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