180 Froehlich Farm Blvd. Suite 1 Woodbury, NY 11797
Did you get hurt at work? Or, did your doctor diagnose you with a disabling injury or illness that prevents you from returning to your job? If so, contact Fusco, Brandenstein & Rada, P.C. immediately to determine your legal options for pursuing Social Security disability benefits or workers’ compensation.
New York laws require employers to provide their employees with coverage to compensate them for their lost wages and medical treatment if they cannot return to work. In addition, Social Security benefits are available to those with a long-term disability that precludes them from taking on gainful employment. We’ll help you fight for the maximum benefits you deserve to pay for your losses.
We have experience filing claims and appealing denied claims. Whether you’re out of work for a few months or have a permanent disability and can’t maintain employment for the rest of your life, you can depend on us to help you. We’ll protect your rights and ensure the insurance company or government entity pays you what you need.
For your convenience, we have offices across Long Island, including:
To find out more about our legal services or schedule a free consultation, call Fusco, Brandenstein & Rada, P.C. at 516-496-0400 to speak with one of our Long Island disability attorneys.
Areas of Specialty
Our main areas of practice include:
- Workers’ compensation
- Social Security Disability Claims
- Disability pensions
- Long-term disability pensions
- Police disability
- Veterans’ benefits
- Negligence and injury accidents
- General practice
Common Accidents and Injuries That Lead to Disability
Fusco, Brandenstein & Rada, P.C. understands the laws associated with Social Security disability, workers’ compensation, and other programs that provide injured workers the help they need. There are various accidents that could occur at work or off duty that can cause a disabling medical condition. If you’re unable to maintain employment or can return to your job but at a limited functional capacity, you’ll need a way to pay for your medical treatment and other associated costs.
Common incidents that lead to injuries and illnesses include:
- Slip/trip and falls
- Vehicle collisions
- Faulty equipment or machinery
- Falls from great heights
- Falling hazards
- Toxic chemical exposure
- Repetitive tasks
- Fires and explosions
- Inadequate safety equipment
Any of the situations above could qualify workers for Social Security disability, workers’ compensation coverage, or another form of benefit payments. The types of injuries they could cause range from minor to severe. Some people take a couple of months to heal, while others require lifelong medical care. Common injuries and illnesses that prevent people from returning to their jobs include:
- Mental illness
- Overexertion injury
- Broken bones
- Traumatic brain injury
- Vision or hearing loss
- Repetitive motion injury
- Respiratory conditions
- Spinal cord damage
- Loss of limb or amputation injury
- Muscle sprain or strain
Consult a Long Island disability attorney if you’re unsure if your disability is eligible for coverage. We’ll review your case and advise you on the legal options available. We know specific state laws and deadlines for filing claims and recovering benefit payments that will compensate your lost wages and pay upfront for necessary medical care. We’ll ensure the insurance company continues to pay the benefits you need while you’re trying to recover.
Benefits Available in New York for Disabling Medical Conditions
When you get hurt and can’t perform your usual work-related tasks, you might need to focus on healing, which means you’re unable to earn a living. You can’t pay for your doctor’s appointments or support your family. It’s an overwhelming feeling. When you hire Fusco, Brandenstein & Rada, P.C., we’ll work hard to protect your rights under federal and New York state laws, so you and your family receive coverage for all of the losses associated with your accident.
Various benefits are available through different programs, such as:
- Upfront payment for ER visits, hospital stays, surgery, physical therapy, and other types of medical treatment
- Short-term and long-term disability
- Wage replacement
- Disability pensions
- Third-party negligence claims and lawsuits
- Vocational rehabilitation
- Travel reimbursement for trips to and from medical providers
- Death benefits
How to Handle An Accident That Causes a Disabling Injury or Illness
There are crucial steps you should take following your injury to protect your right to benefits. We’ve listed these below:
- Notify your employer. Let your manager or boss know that your doctor diagnosed you with a disabling condition that prevents you from working. Put it in writing, so there’s a record of it. There are strict deadlines for filing claims and notifying employers. If you miss the deadline, you could end up with a denied or delayed claim.
- Complete forms. You’ll need to submit claim forms to the insurance company that describe the accident, your injuries, and how it affects your physical and mental abilities. You should include a physician statement when you file your claim to prove you have a disability. Your attorney can help you with this task to ensure your forms are complete and fully represent the scope of your injuries and disability.
- Request a copy of coverage. Whether your employer provides workers’ compensation coverage or you’re eligible for Social Security disability benefits through a federal program, you should request a copy of the policy. You’ll find crucial information, such as how to apply, qualifying medical conditions, filing deadlines, and other useful information.
- Secure evidence at the scene. If you were in a car crash or sustained injuries from dangerous working conditions, such as slippery floors, take photos of it for evidence. You should also take note of anyone who saw what happened and write down their names and phone numbers so they can provide witness statements.
- Seek medical attention. Seek medical treatment immediately after the injury. Insurance companies look at gaps in treatment as proof that you didn’t get hurt or don’t require medical care. After undergoing an initial evaluation, follow up with your medical providers and don’t stop treatment until they release you.
- Keep a copy of everything. Maintain detailed notes about your case and maintain records of your doctor appointments, procedures, letters from the insurance company, correspondence with your employer, and other relevant documents.
- Hire a lawyer. It’s essential that you seek legal representation at the start of your case. Your Long Island disability attorney from Fusco, Brandenstein & Rada, P.C. can take care of each legal aspect of your case. We’ll handle every step from start to finish so you can focus on your recovery.
Why Claims Are Denied
When you’re applying for benefits after a disabling accident, you could run into some roadblocks. Denied claims are common, and there are many reasons that could have contributed. If you’re wondering what the next steps are, contact us. We’ll file an appeal to get the decision overturned. We’ll work hard to make sure you receive the benefits you need to help you heal and get back to your job.
The most common reasons for denied claims include:
- Bad faith: This results from an insurance company or other benefits administrator failing to perform an adequate investigation into the claim, delaying the process unnecessarily, or denying the claim for an invalid reason.
- Preexisting medical condition: Some policies don’t cover preexisting conditions or injuries that resulted from a prior accident. When you file your claim, you should look at the policy to determine if you have a qualifying medical condition.
- Income: For things like Supplemental Security Income, you won’t be eligible to receive payments if you earn above the maximum limit allowed.
- Lack of evidence: You must submit evidence that proves you have a disabling injury or illness that prevents you from working when applying for benefits. If you don’t have sufficient proof, you’ll likely receive a denial.
- Conflicting employer statement: Your employer will need to provide their own statement about the accident that occurred and how it affects your job abilities. If it doesn’t match your statement, that could risk your eligibility for benefits coverage.
- Independent medical examination: Some benefit programs might require that you attend an independent medical exam. A doctor of their choosing will evaluate your injuries or illness to determine if they agree with your doctor’s diagnosis. If there are discrepancies, that could impact the outcome of your case.
- Deadlines: If you miss any deadlines, you’ll have a hard time pursuing compensation for your lost wages and medical treatment. These deadlines are strictly enforced.
- Failure to notify employer: You must let your employer know about your disability. If you don’t provide notice or inform them weeks after the accident, the insurance company might decide that’s a valid reason to deny your claim.
At Fusco, Brandenstein & Rada, P.C., we serve clients at our offices across Long Island, including Woodbury, Commack, Mineola, Medford, and Riverhead, plus we have offices throughout New York City and New York State. We can handle claims and appeals for workers’ compensation, Social Security disability, disability pension, and many other benefit programs. Whether you suffered a job-related injury or got hurt while you were off the clock, we can help if it prevents you from maintaining adequate employment and wages.
We understand how difficult this period in your life has been. You’re struggling to recover and afford your medical treatment. Our Long Island disability attorneys will work hard to recover the benefits you need to heal and move forward with your life. We have the experience and resources to go up against intimidating insurance companies and ensure they treat you fairly. Call us today at 516-496-0400, and we’ll schedule your free consultation.