Does Workers’ Compensation Count as Earned Income?
In general, Workers’ Compensation benefits are not taxed as federal, state or local income. Although this is generally the case, you will need to consult with a Workers Comp lawyer in New York to find out if anything has changed in your area. The money that you are paid from Workers’ Compensation will be exempt from taxes if your benefits are paid under a Workers’ Compensation act.
The answer to the question may be different if you are also receiving Social Security Income. Then, your Workers’ Compensation benefits may be taxed, and your SSI payments will be reduced by the amount that your Workers’ Compensation benefits are taxed. For example, the Social Security Administration may reduce your SSI benefits by $300 because you are also receiving Workers’ Compensation benefits. Then, the federal government will tax the $300.
By hiring a Workers Comp attorney in New York, NY, you may be able to lower the amount of money that may be taxed.
Is Workers’ Compensation Considered Income for SSI?
Workers’ Compensation is considered to be income when you are receiving SSI benefits. In the event that the amount that you receive from Workers’ Compensation is more than the maximum amount that you would receive from SSI for one month, your income would be too high for you to qualify for SSI, and the Social Security Administration would deny your application. You could also have received a lump sum payment for your SSI disability benefits. If this is the case, you would have too many resources to qualify for SSI.
Is Workers’ Compensation Considered Income for Medicaid?
Workers’ Compensation is considered to be income for Medicaid as well. The amount that you receive in ongoing benefits and any lump sum payments will be considered by Medicaid when determining whether or not you qualify for the program.
Your Employer’s Workers’ Compensation Program.
Employers are required to offer Workers’ Compensation benefits to their employees if they contract an illness or are injured because of their jobs. Your employer pays the insurance carrier for this insurance. If you need to take benefits, the insurance carrier will pay your medical bills. In most cases, it doesn’t matter who was at fault in your accident.
The insurance carrier will sometimes pay your claim if the case is accepted for your injuries or your illness. Sometimes, you cannot come to an agreement with the insurance carrier. In that case, you must allow the Workers’ Compensation law judge to make the decision. If you and the insurance carrier have a disagreement, you may hire a Workers Compensation lawyer in New York NY to help you with this process.
If You Need Help…
Workers’ Compensation can be difficult to understand, but a New York Workers Comp lawyer will help you with any questions that you have. Our Workers Compensation attorney in New York NY has extensive experience working with Workers’ Compensation, and he or she will help you remain within the confines of the law. You will not have to converse with anyone at the insurance company because our Workers Compensation attorney New York NY will do all this work for you.
Contact us at Rella & Associates today if you have been injured or contracted an illness at work.
The truck and transportation industry is an essential industry in New York and the larger United States. Trucking has always been at the forefront of transportation of goods within the state and across borders. There are an estimated 3.6 million sales workers and truck drivers in New York. While this looks like a significant number, the trucking industry constitutes 2.3% of the entire New York workforce in contrast. Truck transportation work injuries are leading, whereby they constitute 18.4 % of the total fatalities that arise from the whole workforce. 18.4% fatalities for industry, with only 2.3% of the entire workforce are worrying. If you are a victim of truck work injuries seeking legal help to assist with the compensation process is crucial. Our workers comp lawyer in New York from the law office of Rella & Associates, are duly experienced in workers’ compensation claims, and they can offer you all the assistance required to file a competent case.
Contributing factors to the high truck work injuries and fatality rates
Truck work injuries can range from minor soft tissue injuries to fatal injuries. As mentioned previously, the trucking industry, according to the Bureau of Labor Statistics is top on the list regarding fatal injuries. The Bureau released a report in 2018 wherein the findings showed that in every 100,000 full-time truck workers, there were a total of 28 deaths. The question then often arises is; what are the contributing factors leading to such deaths and any other transportation work injuries?
Old drivers and lack of mandatory retirement age
Companies in New York and across the United States often consider retirees for truck driver positions. The motivation behind hiring retirees is the constant truck driver shortage, resulting in increased dangers on the road. However, your age as a truck driver does not matter when it comes to eligibility for compensation. Our workers comp attorney in New York can assist you in launching a successful workers’ compensation claim. Through the counsel of our New York workers comp lawyer, you will gain all the tips of demonstrating that the injuries sustained arose in and of the course of employment.
Long working hours
Among the most overworked drivers are those in the trucking industry. Along with the age factor mentioned earlier, such drivers often suffer fatigue, and some might even doze off while driving. Exhaustion is a great contributor to truck transportation work injuries that lead to severe or fatal injuries. Such an accident can end your career or push you out of work for some time. Our workers compensation lawyer in New York can help you explore all avenues of securing compensation and maximizing your benefits.
Dangerous roads
A significant cause for truck transportation work injuries is dangerous roads. Various factors contribute to dangerous roads: Loose chipping on the roads, lack of sufficient lighting to facilitate night travel, poorly designed roads, and absence of signage For example, loose chippings on the road can interfere with the truck wheels’ contact with the road leading to rollover accidents. Such accidents are often fatal, and where the driver survives, they get to nurse serious injuries. Through consultation with a competent workers compensation attorney New York, you can launch a successful claim compensation. The benefits can help you pay for your medical bills and indemnity benefits.
Disobedience to traffic laws
Every road user has the mandate to uphold traffic laws, but most users are prone to disobeying such laws. Even the most careful of truck drivers often encounter rogue road users who ignore traffic rules and regulations. If an accident arises from such an encounter leading to a truck transportation work injury, please contact our workers compensation attorney in New York for an analysis of your case.
As a result of the coronavirus pandemic, New York has begun to institute changes in workers’ compensation benefits. This past Memorial Day, New York’s governor, Andrew Cuomo, made an announcement that revealed that families of public employees who work the frontline and die of Covid-19 would be allowed to receive benefits that are normally available for workers who die as a result of on-the-job injuries.
Governor Cuomo explained the reason for this change to the state’s workers’ compensation laws: Because of the extremely hard work of those who work the front lines perform to deliver essential services to everyone, it’s important to do more than simply say “thank you.” The governor stressed the need to protect the families of these valuable and valued employees. The surviving family members of those working for the New York State and New York City alike who pass away from Covid-19 would be able to recover death benefits as a result of their tragic loss. Around 300 employees of the New York City area have already died from the virus.
Coronavirus and Workers’ Compensation Benefits
On May 30, 2020, Governor Cuomo signed bill S.8427/A.10528 into law. This brand new law would ensure that the families of employees of New York counties, the City and state who worked on the front lines during the coronavirus pandemic had the legal right to receive death benefits through workers’ compensation rather than just those paid through local and state pension funds. This new law adds to New York’s retirement and Social Security law with the brand new section 509-a, Covid-19 benefit.
The frontline workers included under the new law include the following types of employees:
• Emergency responders
• Police officers
• Firefighters
• Public healthcare providers
• Transit workers
Any and all of the employees who performed their hard work on or after March 1 of this year and who contracted the virus within 45 days are covered under the new law. The family members of those workers who fell ill and subsequently died from Covid-19 are legally entitled to receive half of the pension of their loved one for life. Surviving family members of firefighters or police officers are entitled to the full pensions of their loved ones. Before the coronavirus pandemic, the survivors of frontline workers were only entitled to those benefits for around three years.
Benefits May Extend to Workers with Covid-19
The changes in workers’ compensation laws in New York by Governor Cuomo may only be the beginning in the age of the coronavirus pandemic. There are several additional pending bills on the state and federal levels that lawmakers are considering as well. If these bills pass into law, benefits may extend to workers with Covid-19. They include the following:
• AB 10401(S08266) would allow exposure to Covid-19 to be considered an occupational disease and give workers in New York who contract the virus, or their survivors, to receive workers’ compensation benefits due to disability or death.
• AB 10172(SB8041-A) would be added to existing laws to provide testing, medical exams, and treatment to volunteer firefighters and ambulance workers exposed to the coronavirus due to their work during emergencies. They would also be eligible for partial or total disability benefits or their families would be entitled to death benefits.
• AB 10391(SB8117-A) would allow for the presumption that New York law enforcement officers, probation officers, parole officers and other emergency responders who contract Covid-19 did so while performing their regular work duties.
• HR 6656 is a federal bill that, if passed, would allow TSA employees diagnosed with the virus over a certain period of time to be eligible for federal workers’ compensation benefits.
Since the beginning of the coronavirus pandemic, essential workers have put their health and lives on the line to perform services for the community. New York was the United States’ epicenter for the pandemic early on. It was only a matter of when, not if, New York employees would contract the virus while diligently serving the community.
As a result of those serious risks, the above bills are essential in ensuring that workers who become infected and their families have the right to receive workers’ compensation benefits without any hassle.
If you live in New York and have tragically lost your loved one to Covid-19, you need Rella & Associates on your side. A workers compensation lawyer in New York will listen to your story. A New York workers’ compensation lawyer will fight to protect your rights to get you the benefits you deserve. If you need to discuss your loved one’s situation with a workers’ compensation lawyer in New York, contact NY workers compensation attorneys Rella & Associates at your earliest convenience.
Construction site jobs pose a great risk with it being one of the most dangerous jobs. The greatest danger comes from falls, which can lead to broken bones or fractures. If you or someone you love was injured, you may wonder about the value of a settlement. Injuries where you need long-term care will have a better payout because it requires ongoing care.
Who’s Liable in a Construction Accident?
Filing a lawsuit depends on the circumstances. If the workers or supervisors didn’t follow protocol and it led to injuries, you may have a right to file a lawsuit. Rella & Associates can highlight the specifics after examining your case. Usually, you receive compensation for the following, which determines the value of your case:
• Medical expenses
• Lost wages
When a New York workers’ compensation lawyer looks at a case, they will determine whether this classifies as a workers’ compensation case or whether you could file a third-party lawsuit.
What to Do After a Construction Site Injury
Every workers’ compensation lawyer New York firm will advise that you seek immediate medical attention. You do this because it documents the case. It provides you with a written record of what happened immediately after and will make your fight for workers’ compensation much easier. If you even suspect a slight injury, you should have a doctor look at it right away because this can get more serious with time. People who don’t seek immediate medical care could have the other party argue that your injuries weren’t related to the construction accident.
Types of Claims Available
The type of claim that you could file depends on the circumstances. Workers’ compensation is the most common, and it comes into play when injured in the course of employment. Because of workers’ compensation laws, you usually can’t sue your employer unless they were negligent. You can file a third-party lawsuit when someone’s negligence causes an injury, however.
The Value of a Construction Site Injury Case
To determine the value of a case, you first have to look at the type of injury. Does it categorize as a workers’ compensation case or a personal claim? To estimate the value, NY workers compensation attorneys will look at the permanent damage done. You have a broad range of circumstances that can influence the value of a case.
Speak with a qualified workers’ compensation lawyer in New York. Rest assured that the other party will have a team of experienced lawyers, and you need to prepare for the worst. A case might have a high potential value, but if poorly represented, you might receive 30 percent of it. Don’t let this happen. Rella & Associates has a qualified team that understands how to represent you adequately in cases where you were injured on a construction site.