Labor and Employment Law Program

This program discusses the major concerns confronting injured employees in NYS. These are the basic issues workers confront on a daily basis, along with some tips and tricks used by the insurance companies and their attorneys—forewarned is forearmed.

The Basics

• Do you have a work related injury?
• Accidental Injuries and Occupational Diseases
• Have you notified the employer and the WCB?
• Have you seen a doctor?

Employee Rights

• Collecting weekly cash benefits while out of work
• Collecting supplemental cash benefits if losing money
• Payment of medical bills, tests, appliances and prescriptions
  -- Out of pocket expenses
  -- Permanent disabilities
  -- Vocational retraining
  -- Medical Retirement

Employee Obligations

• Seeing the doctor
• Looking for work
• Fraud

The Insurance Company Is NOT Your Friend and Other Dirty Deeds

• Suspension/reduction in benefits
• No authorization for treatment/tests
• "Independent" Medical Exams
• Nurse Case Managers
• Private Investigators
• Lump Sum Settlements

What You Can Do

• Requesting Hearings
• Getting an attorney

Other Systems

• NYS Disability Benefits
• Unemployment
• Social Security Disability
• FMLA
• Medicaid

Instructor

Lewis F. Montemaggi, Esq., Montemaggi & Ferguson, LLP. Since 1976, his practice has focused on representing workers, including members of Plumbers Local 13, AFSCME Council 66, Carpenters Local 85, UNITE-HERE, Local 1199 and other labor unions, in their workers' compensation litigation and claims, as well as some personal injury, social security disability, and labor law. Mr. Montemaggi has been named in the BEST LAWYERS IN AMERICA, every year since 1995-96, in the field of Workers' Compensation Law in New York State.