Monthly Archives: February 2018

Don’t Go It Alone

An injured worker walked through my door the other day frustrated beyond belief. He had been representing himself on his compensation claim for his back injury. He thought he did not need a lawyer and could handle it himself.

The insurance company accepted the claim and paid this worker only a fraction of what he was actually entitled to, though that was not the issue the client wanted to discuss. He did not even realize that he had been short changed.

What he wanted to discuss was getting back surgery. His doctor requested a laminectomy, but the insurance company told the doctor and the injured worker that they were not going to authorize it or pay for it. This man had been suffering terrible back pain for nearly six months and his surgery was never scheduled.

The injured worker was shocked when I told him that the insurance company did not have to give authorization — this surgery was already authorized under the Board’s Medical Treatment Guidelines. The insurance company knew this of course, but seemingly played ignorant to avoid paying for the needed surgery.

When I then told him that he could not only have his surgery, but also had been paid less than half of the indemnity payments to which he was entitled, the gentleman shook his head in frustration and said, “I shouldn’t have done this alone.”

How right he was. The New York Workers Compensation system is extremely complicated. Insurance companies know the system well and often do not tell unrepresented injured workers details that matter, often while telling the injured worker that they are acting in their best interest.

Do not go it alone.  At Pasternack, Tilker, Ziegler, Walsh, Stanton, and Romano, with more than eight decades of experience in defending the rights of New Yorkers, we help clients get the justice they deserve.

Prior results do not guarantee outcomes.
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Injured Volunteer Firefighters And Ambulance Workers May Be Eligible For Benefits

New York workers are generally covered by the Workers’ Compensation Law, but there are special laws which cover volunteer first responders – firefighters and ambulance workers.

Closely aligned with the Workers’ Compensation Law are the Volunteer Firefighter Benefits Law (VFBL) and the Volunteer Ambulance Workers Benefit Law (VAWBL). As their titles suggest, these two laws protect people who volunteer in the potentially hazardous duties of fighting fires, responding to motor vehicle accidents and tending to those injured in a variety of circumstances. While not all firefighters and ambulance workers are unpaid, many areas outside the five boroughs of New York City and other smaller cities maintain volunteer forces to provide these indispensable services. Given the inherent danger involved, volunteers often suffer injury when “on duty”.

In the event of an injury, both laws provide wage replacement benefits and medical coverage. Also, there is a “built in” presumption of an earning capacity for volunteers; therefore, even if a volunteer is not otherwise employed, she or he may be entitled to benefits. In addition to physical injury, the laws cover such events as exposure to noxious fumes, smoke or chemicals and post-traumatic stress disorder.

The list of what entails an “injury in the line of firematic or ambulance worker duty” is extensive. These events include maintaining vehicles and participation in certain department-sanctioned events. We take pride in representing those who volunteer their efforts in the service of others, especially when those efforts can be fraught with danger.

In order to best insure that your rights are protected, be sure to contact our office for a no-cost consultation. And thank you for volunteering!

Prior results do not guarantee outcomes.
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Firm News: Edgar Romano Named Managing Partner; Matthew Funk Named Senior Partner

It is with great pleasure that we announce the promotions of two of our colleagues. They have, over decades, demonstrated hard work and dedication to injured workers, to their communities, to the practice of law, and to our firm.

Managing Partner Edgar N. Romano

Edgar Romano, formerly a Senior Partner, has been named the Managing Partner of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. Mr. Romano litigates workers compensation claims, including cases involving occupational exposure, asbestos and industrial irritants.

His community involvement is extensive – he has lectured extensively to labor unions and medical providers, is a Past President of the Workers Injury Law and Advocacy Group, and is on the Board of Directors of the New York State Workers Compensation Bar Association.

Among is many passions, Mr. Romano is dedicated to helping those injured on September 11th and to help in this cause he serves on the Advisory Committee of the World Trade Center Medical Monitoring Program at Mt. Sinai Hospital and on the Advisory Board of the I.J. Selikoff Center for Occupational and Environmental Medicine.

 

Senior Partner Matthew Funk

Matthew Funk has been elevated from Partner to Senior Partner. He handles workers compensation cases for the firm. Mr. Funk is the current President of the  New York Trial Lawyers Association (NYSTLA) and the Co-Chair of the NYSTLA Workers’ Compensation Committee, a member of the Legislative Committee, No-Fault Committee and Labor Law Committee. Since 1999, he has written for the NYSTLA Decisions program and has lectured at the Decisions program on the topic of Workers’ Compensation.

Matthew serves on the Executive Board of the Injured Workers Bar Association, participating in online round table discussions regarding the rights of injured workers. He is a Workers Compensation Committee member of the New York Coalition for Occupational Safety and Health (NYCOSH). Matthew regularly lectures on the workers compensation law to various labor organizations. In 2017, Matthew was honored with a City & State Corporate Social Responsibility Award in the Law sector.

 

Prior results do not guarantee outcomes.
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