Practice Areas and Legal Definitions

Most attorneys do not handle Workers' Compensation, Social Security disability and/or SSI cases. Attorney fees for SSD and SSI are set and limited by law and the field is highly technical. The outcome of your claim can affect the rest of your life. Before you hire a workers' compensation or Social Security lawyer, take the time to make sure he or she is an expert. Do not hesitate to ask straightforward and probing questions about the nature and extent of your workers' compensation or Social Security claim representation.

Workers' Compensation:
Workers' compensation is insurance that an employer is required by law to carry in case an employee is injured on-the-job or becomes ill, temporarily or permanently disabled, or fatally injured due to circumstances surrounding his or her job.

Although workers' compensation laws vary from state to state, covered medical care generally includes: medical, surgical and hospital services, dental services, crutches, hearing aids, chiropractic treatment, physical therapy, nursing care and prescribed medications. Additional monetary compensation may be provided if an injured employee is temporarily unable to work for more than a certain number of calendar days set by state law, hospitalized as an in-patient, or becomes permanently disabled due to a job-related injury or illness. The right to receive medical treatment at the employer's expense typically continues as long as treatment is reasonable and necessary to treat the injury.

Orthopedic injuries:
Orthopedic injuries can include injuries involving the spine, bones, joints, muscles, nerves and other parts of the skeletal system.  The most common orthopedic injuries are bones fractures and sprains and strains. Sprains describe an injury to a ligament and strains describe an injury to muscle. Treatment for orthopedic injuries include medical counseling, medications, casts, splints and therapies, such as exercise or surgery.

Repetitive Stress injury:
If an individual develops a repetitive stress injury (i.e. carpal tunnel syndrome, tendinitis, tennis elbow, etc.) from duties performed while on-the-job, he or she may receive workers' compensation benefits including their choice of doctor(s), full medical care compensation, lost wage benefits, a lump-sum cash settlement, vocational retraining or re-schooling and permanent wage loss benefits.

Construction/Industrial Accidents:
Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment.

Construction site personal injury law is not practiced nor understood by many personal injury attorneys. As a result, many personal injury construction claims are often subject to mediocre representation and minimal financial compensation due to improper legal counsel.  Injured construction workers are urged to seek a workers' compensation attorney who is knowledgeable in a variety of construction techniques and has successfully litigated numerous construction site personal injury cases.

Burn Injuries:
People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries. Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation.

Toxic Exposure:
Due to the tremendous growth of corporate industry in the United States over the past fifty years, the number of dangerous, toxic substances in the environment has grown significantly. Some toxic substances are shown to cause substantial injury to people, such as lead-based paint (linked to brain damage, especially in children), asbestos (linked to lung cancer and restrictive lung disease), dry cleaning and other solvents (linked to brain damage and major organ damage), pesticides such as dioxin and DDT (linked to birth injuries) and toxic landfill waste (linked to leukemia).

Retaliatory Discharge:
If an individual is terminated from their place of employment after reporting a workers' compensation claim, he or she could be entitled to substantial damages in a retaliatory discharge lawsuit against their former employer.

Federal laws prohibit an employer from discharging or discriminating against an employee because of a workers' compensation injury.  If an employer fires or forces the resignation of an injured employee in retaliation for filing a workers' compensation claim, the employee can file a civil lawsuit against the employer seeking damages in court, provided the employee has evidence of such an allegation.  Also, if an employer denies permission for immediate medical attention following a work-related injury, or does not permit an employee to seek out the services of other medical professionals in conjunction with assigned company doctors, the employee can seek legal retribution under workers' compensation laws.

Social Security Disability (SSD):
Social Security provides disability insurance benefits to those who have worked and paid Social Security taxes and have become disabled. In order to receive benefits, the claimant must establish 1) that the disabling condition makes it impossible to perform any substantial work, and 2) that the disability is expected to last at least a year or until death.

Supplemental Security Income (SSI):
Social Security provides SSI benefits for those who are severely disabled but not eligible to receive Social Security disability insurance benefits. This is usually because the claimant did not work long enough in Social Security covered employment to establish eligibility. SSI differs substantially from Social Security disability. The benefits are lower, there is no provision for dependent or survivors benefits, and the disabled person cannot own substantial assets or have substantial income from any source.

Cessation:
Cessation involves the involuntary termination of Social Security disability or SSI benefits. This is usually based on a determination that the disabling condition does not exist or no longer exists and/or, in the case of SSI, that the disabled person’s income and/or assets are too substantial to warrant benefits.

If you or a loved one has been seriously injured on the job or are fighting for workers' compensation benefits, call Attorney Allen Tishman today at 866-435-1681, or complete the contact form provided on this site to schedule your free consultation.

Frequently Asked Questions

The following information includes frequently asked workers' compensation and Social Security disability questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For a personal consultation regarding your specific case, please contact Brooklyn, New York workers' compensation Attorney Allen Tishman today at 866-435-1681.

If I am out of work due to an on-the-job injury, does my employer or their insurance company have to pay me the same amount I made when I was working?
No. Your "compensation rate" is 2/3 of your average weekly gross wages. Your average weekly wage is the average of your gross pay over the fifty-two weeks prior to your injury in the employment in which you were injured. In other words, if you had worked as a truck driver for ABC Trucking for the past eighteen months, your gross wages for the fifty-two weeks immediately preceding your injury would be added up, divided by the number of weeks worked, and then reduced to 2/3 to determine your "compensation rate." However, if you are a highly paid employee, your compensation rate is limited to the annual maximum.

What should I do if I get injured on-the-job?
Seek emergency medical attention if needed and immediately report your injury to your employer. An injured worker must report any accident to their employer or any employee of the employer who is in a supervisory capacity (foreman, superintendent, company nurse, etc.). Notification must be done within a set amount of time as set by state law. Most states require that this be done within two to 30 days following an injury.

If an injury occurs over time (for example, a breathing problem or carpel tunnel syndrome), you must report your condition soon after you discover and realize that it is caused by your work. Your employer will provide you with a claim form on which you must describe your injury and how, when, and where it occurred. Make sure you save copies of all correspondence with your employer, its insurance carrier and your doctor concerning your workers’ comp claim.

Is workers' compensation the same as State Disability?
Workers' compensation is only for injuries or illnesses that occur due to employment accidents. State Disability is for injuries or illnesses that are not work related. You can file a State Disability claim, but you cannot be paid both workers' compensation and State Disability for the same period of time unless under certain circumstances your workers' compensation temporary disability rate is less than State Disability, then you may be paid the difference.  If your employer's insurance company denies or delays payment, you may be able to receive State Disability temporarily.

Is Carpal Tunnel Syndrome (CTS) considered a "work-related" injury under the Act?
Yes. The courts have ruled that "although Carpal Tunnel Syndrome develops gradually and not the result of a sudden mishap," it is still considered a work-related injury.

If I receive workers' compensation, can I also sue my employer in court?
Typically, no. Workers' compensation exists both as a way to benefit injured workers and as a way to protect employers. Workers' compensation is a no-fault insurance system, meaning an employee can receive benefits regardless of who was at fault, in exchange for not suing the employer. 

However, if you are injured because of reckless or intentional action on the part of your employer, or the establishment in which you were employed was hazardous due to negligence on the part of other workers or the employer, you can bypass the workers' compensation system and sue your employer in court for a full range of damages, including punitive damages, pain and suffering and mental anguish.  You may also choose to sue in court if your injury was caused by someone other than your employer such as a visitor or outside contractor, or if a defective product caused your injuries.

When should I hire a lawyer?
You should hire a lawyer if one or more of these issues are present in your case:

• Your case has been denied.
• Your case has been accepted, but you are out of work and are not receiving your weekly checks to cover your wage loss.
• The insurance company has understated your "average weekly wage" and therefore your compensation rate.
• You are having trouble getting the medical treatment that you believe you need.
• The case has been neither accepted or denied, but quite a bit of time has passed since you were hurt and you are not able to get a response from the employer or insurance company on your own.
• You have been released by your treating doctor, but you feel you need additional medical treatment.
• You have been injured at work and subsequently fired by your employer.
• You have returned to work at a lesser paying job, and your employer or insurance company does not want to make up the difference in wages.
• You have been released by your doctor and rated for disability, but you believe you are entitled to a greater disability rating.
• You have been offered a settlement by the insurance company, but you don't have any idea whether it is a fair settlement or not.
• You simply want the guidance of an experienced professional to help you through the maze of workers' compensation.

What types of disability benefits does Social Security pay?
People who are severely disabled may be eligible for monthly benefits under one or more programs administered by the Social Security Administration. Both the Social Security program and the SSI program provide a monthly income for people with severe disabilities. However, the eligibility requirements for the two programs are different.

The Social Security program pays benefits to disabled or retired workers and their families and to the families of deceased workers. To be eligible for Social Security disability benefits, you must be disabled and must have earned a minimum number of credits from work covered under Social Security (The required number of credits varies depending on your age at the time you became disabled).  The SSI program provides monthly income to people who are age 65 or older, or are blind or disabled, and have limited income and financial resources.

Generally, to be eligible for SSI, an individual must be a resident of the United States and must be a citizen or a non-citizen lawfully admitted for permanent residence. Some non-citizens granted special status may also be eligible.

I am receiving Social Security disability benefits right now. Will my Social Security benefits change when I turn age 65?
No. The only thing that will change after your turn age 65 is that your benefits will be called Social Security retirement benefits rather than Social Security disability benefits. Everything else will remain unchanged.

Professional Profile

Allen J. Tishman provides strong representation for his seriously injured clients in the federal and state courts of New York. Attorney Tishman stands up for the legal rights of his clients with on-the-job injuries when dealing with insurance companies, courts and defense lawyers.

If you or a loved one has been seriously injured on the job or are fighting for workers' compensation benefits, call Attorney Allen Tishman today at 866-435-1681, or complete the contact form provided on this site to schedule your free consultation.

FIRM ADDRESS:
Law Office of Allen J. Tishman
16 Court Street, Suite 2901
Brooklyn, NY 11241
Phone: 866-435-1681
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:
Allen J. Tishman

EDUCATION:

• New York Law School, J.D., 1976
• Wagner College, B.A., 1971

COURTS ADMITTED:

• New York, 1977
• U.S. District Court, Southern District of New York, 1977
• U.S. District Court, Eastern District of New York, 1977

PROFESSIONAL MEMBERSHIPS:

• New York County Lawyers Association

BIOGRAPHY:

• Attorney, New York State Attorney General's Office, 1976

MILITARY:

• Information Specialist, U.S. Air Force, 1966-1970

PRACTICE AREAS:

• Workers' Compensation
• Social Security Disability