Questions & Answers
Automobile Accidents - Who pays the bills?
In New York, the law provides for mandatory no-fault automobile liability insurance coverage of at least $50,000, also referred to as Personal Injury Protection (PIP), for all owners of motor vehicles in New York. This means that the insurance company for the car that you were in at the time of the accident is responsible for reasonable expenses medical incurred regardless of who was at fault for the accident. You will also be reimbursed for 80% of wage losses up to a monthly maximum of $2000 for up to three years; replacement services (such as domestic help) up to $25 per day for up to three years; and a $2000 death benefit. No-fault benefits do not apply if you are injured while riding a motorcycle, the owner of an uninsured vehicle, injured while committing a felony, or intentionally cause your own injuries. No-fault benefits do not include compensation for damages such as pain, suffering, inconvenience, disfigurement, or loss of future earning capacity - these claims we pursued in Court.
Premises Liability - Who is at fault?
If you were injured at someone else's home or a commercial establishment, the owner or possessor may be legally responsible. This can cover a variety of situations including, but not limited to, slip and falls, dog bites, and assaults. Generally speaking, the owner or occupier can be legally held at fault only if it can be shown that the accident resulted from the owner or occupier's carelessness, at least in part. An exception to this rule sometimes exists if the injured party was a worker performing his duties at an elevated height on a commercial building or structure, such as a construction worker on a ladder or scaffold. In such a situation, the owner, occupier, or general contractor can be held legally responsible whether or not they were careless.
Is Workers Compensation the same as State Disability?
Workers' Compensation provides coverage for injuries or illnesses that occur in the course of one's employment. State Disability provides coverage for injuries or illnesses that are not work related. You can file a State Disability claim, but generally, you cannot be paid both Workers' Compensation and State Disability for the same period of time. An exception to this rule may exist when your Workers' Compensation temporary disability rate is less than the State Disability rate. Under this circumstance, you may be able to be paid the difference by State Disability. If your employer's insurance company denies or delays payment, you may be able to receive State Disability temporarily.
What is the difference between Social Security Disability and SSI?
Social Security Disability insurance is a program which workers, employers and the self-employed pay for with their Social Security taxes. You qualify for these benefits based on your work history, and the amount of your benefit is based on your earnings. Supplemental Security Income, or SSI, is a program financed through general tax revenues - not through Social Security trust funds - and is paid to disabled people with limited income and limited assets.
If you or someone you love has been injured in an accident, you should feel free to contact New York wrongful death attorneys, Pecoraro & Schiesel at any time for a free consultation, but please do so as soon as possible. YOUR RIGHTS MAY BE AFFECTED IF YOU DELAY.
