Palillo Law Palillo Law 2026-10-15T11:06:57Z https://www.palillolaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104415/2019/01/cropped-site-icon-32x32.png On Behalf of Palillo Law <![CDATA[5 facts about income loss options after a job injury]]> https://www.palillolaw.com/?p=61620 2026-10-15T11:06:57Z 2026-10-15T11:06:57Z Workers’ compensation pays a portion of lost earnings State benefit programs calculate cash payments using your average weekly pay from the past 52 weeks. Injured workers usually receive two-thirds of their regular weekly pay multiplied by their disability rating.
  • Total disability provides the highest weekly cash payout.
  • Partial disability payouts drop once you can do light tasks.
These regular checks help replace missed pay while doctors focus on your medical recovery.

Statutory caps limit maximum weekly payments

New York law sets top limits on weekly benefit payments based on your injury date. New York sets the maximum weekly benefit cap at $1,171.46 per week for recent work injuries (current as of October 2026). State officials reset these dollar limits every year based on average wage trends across the state.

Light duty work affects your benefit amount

Your boss might offer modified tasks that fit your medical restrictions during recovery. If you take a lower-paying temporary job, partial disability checks can help make up part of the wage gap.
  • Reduced earnings payouts equal two-thirds of the pay gap between old and new wages
  • Refusing light work within your doctor's limits can stop your weekly checks
Keeping written work note limits from your doctor prevents early demands to return to full tasks.

Third party lawsuits provide full wage recovery

Workers compensation insurance does not cover all of your lost pay or pay money for pain and suffering. If a careless person outside your company caused the accident, you can file a separate personal injury lawsuit. Filing a civil lawsuit lets injured workers demand full lost pay and future income losses.

Protect your financial security after a work accident

Learning about state benefit calculations and separate lawsuit rights protects your family finances. Talk with a lawyer to clarify your full legal choices after a workplace accident.  ]]> On Behalf of Palillo Law <![CDATA[Can workers’ comp and Social Security disability overlap?]]> https://www.palillolaw.com/?p=61617 2026-09-14T08:47:35Z 2026-09-14T08:47:35Z Your workers' comp check covers part of your lost wages, but rent, groceries and school costs stay the same. If your doctor has kept you off the job for months, you may wonder whether Social Security can close the gap. Many injured New York workers collect both at once. The two programs follow separate rules, though, and one payment can shrink the other.

Qualifying for both benefit programs

Workers' compensation covers injuries that happen at work, no matter who was at fault, and you can qualify while you are only partially disabled. Social Security Disability Insurance (SSDI) sets a higher bar. You generally need enough work credits plus a condition that stops you from doing substantial work for at least 12 months. A four-month restriction rarely meets that test. A serious back or shoulder injury that keeps you off a job site well past a year often does. Payments also begin after a five-month wait, and the disability application process can add months, so timing matters.

Understanding how the payments affect each other

Collecting both does not mean collecting two full checks. Federal law limits the combined total. Social Security reduces your SSDI payment when your comp benefits plus your family's Social Security benefits pass the higher of two figures: 80% of your average current earnings before the injury or your total family benefit. The reduction generally continues until your comp payments stop or you reach a set retirement age. A few states shift that cut onto the comp insurer instead. New York no longer does for current claims, so the reduction usually lands on your federal check.

Reporting workers' comp benefits to Social Security

The Social Security Administration cannot apply that cap correctly unless it knows what you are being paid. Report when your comp payments start, when the weekly rate changes, when they stop and when you settle. Missed updates often create an overpayment you must repay later. Settlements deserve extra care. Social Security usually treats a lump sum as a series of weekly payments and may leave some medical and legal costs out of the calculation, which can reduce the offset.

Supporting both claims with medical evidence

Both claims rest on medical proof, but they ask different questions. Except in emergencies, your comp treatment must generally come from an authorized health care provider on the New York Workers' Compensation Board list, who files regular reports on your diagnosis and degree of disability. Social Security looks at function: how long you can stand, how much you can lift and whether you could handle any full-time job. Ask your doctor to spell out those limits in writing instead of listing diagnoses alone.

Planning for a longer time away from work

Four months off a job site can turn into a year, and heavy carpentry may not be realistic afterward. Keep copies of every medical report, decision notice and benefit statement, since both systems run on paperwork. If your recovery looks like it will pass the one-year mark, review your options with a lawyer who handles comp and disability claims before you agree to a settlement or a return-to-work date. The order of those steps shapes what you can collect.]]> On Behalf of Palillo Law <![CDATA[Can you seek compensation for remote work injuries in New York?]]> https://www.palillolaw.com/?p=61561 2026-08-07T07:37:13Z 2026-08-12T07:34:47Z How workers' compensation covers remote employees New York's workers' compensation system generally covers employees who suffer work-related injuries, regardless of where they perform their job duties. Employees who work from home usually receive the same protections as those who work in a traditional office. The key question is whether the injury arose out of and occurred during the course of your employment. For example, you may qualify for benefits if you trip over your office chair while reaching for work documents at your home desk. If your job causes a repetitive stress condition, such as carpal tunnel syndrome, you may also qualify for workers' compensation benefits. Where you work matters less than whether you were performing your job duties. Not every injury that happens at home qualifies for benefits. New York workers' compensation law distinguishes between injuries caused by your job and injuries that happen during personal activities. Understanding that difference is important when evaluating a claim.

What types of remote work injuries might qualify

Several types of injuries may qualify for workers' compensation benefits. Repetitive stress conditions from long hours at a computer are one common example. These injuries may include carpal tunnel syndrome, tendonitis, neck pain or back problems. Slip-and-fall accidents may also qualify. If you fall while walking to a printer to collect work documents or trip over equipment required for your job, you may have a valid claim. Poor workstation setup can also contribute to injuries over time. Inadequate chair support, improper desk height or poor workstation design may lead to chronic pain or other musculoskeletal conditions.

Challenges unique to remote work claims

Employees who work from home often face additional challenges when filing workers' compensation claims. Without coworkers or supervisors present, you must show that the injury happened while you were performing your job duties. Keep detailed records because documentation is especially important. Save your work schedule, note the tasks you were performing when the injury happened and keep copies of any communication with your employer about the incident. Photographs of your workspace may also support your claim. Insurance companies often examine remote work claims closely. They may look at whether you were performing job duties or personal activities when the injury occurred.

Understanding your coverage options

Employees who work remotely in New York generally receive the same workers' compensation protections as office employees, although proving a work-related injury may require additional evidence. Whether your claim involves repetitive stress, an accident or an ergonomic condition, the key question is whether your job caused the injury. Careful documentation and clear evidence can support your claim. Understanding these rules can help you respond quickly if you suffer a work-related injury while working from home.]]> On Behalf of Palillo Law <![CDATA[Workers’ comp benefits: what could be costing your family?]]> https://www.palillolaw.com/?p=61554 2026-07-17T09:33:53Z 2026-07-22T09:27:03Z Your weekly checks will not match your paycheck Workers’ comp wage benefits often replace only part of your pay, not all of it. In New York, the system calculates your maximum weekly benefit using a strict formula: two-thirds of your average weekly wage multiplied by your percentage of disability (2/3 x AWW x percentage of disability). Overtime, side jobs and seasonal swings may not count the way you expect. On top of that, the insurer may pick an average weekly wage number that feels low. If you leave that number unchallenged, your family may lose thousands over time.

You can challenge the numbers and the disability label

Your benefits depend on how the system labels your disability. A temporary disability focuses on healing time and work limits right now. A permanent disability focuses on lasting limits after you reach a medical plateau. If the insurer pushes a lower disability percentage, your checks can drop. You can push back with strong medical proof and clear work history details.

An SLU award may apply after certain injuries

Some injuries qualify for a Schedule Loss of Use (SLU) award, which pays for permanent loss of function in a specific body part. This often comes up with arms, hands, legs, feet and vision. Insurance companies rarely mention SLU awards until it is too late. Timing and medical wording matter, so you should ask early if your injury fits.

Insurance doctors may downplay your injury during an IME

Insurers often send you to an Independent Medical Examination, or IME. That doctor may claim you can work sooner or with fewer limits. Watch for these common pressure points:
  • The report ignores pain levels or daily limits
  • The exam lasts only a few minutes
  • The doctor says you can return to full duty without testing strength
  • The report conflicts with your treating doctor’s notes
If you spot red flags, you can challenge the IME with your own doctor’s medical evidence and protect your benefits.

Other claims may run alongside workers’ comp

Workers’ comp may not cover every loss. In some cases, you can file a separate personal injury claim against a careless third party, such as a negligent subcontractor or equipment manufacturer. That path can support long-term family security, not just weekly checks. A full strategy looks at every option, then matches it to your goals.

Where this leaves you

Navigating the workers’ comp system can help, but the insurance company rarely tells you how limits, labels and insurer tactics can shrink your support. You can close that gap by asking direct questions and acting fast when numbers look wrong. If you want guidance, a New York workers’ comp team can share what the system will not volunteer. The right support can focus on your family’s needs, not the insurer’s plan.]]> On Behalf of Palillo Law <![CDATA[Can you work while receiving Social Security Disability?]]> https://www.palillolaw.com/?p=61556 2026-07-21T16:19:41Z 2026-07-21T16:15:56Z protect you from losing benefits you depend on.

The trial work period gives you time to test the waters

When you first return to work, the SSA gives you a trial work period of nine months to test your ability to work without losing your benefits. The nine months can be spread out over time and do not all have to occur back to back, as long as they fall within a five-year window. Any month where you earn more than $1,210 counts as one of your nine trial work months. During this period, you receive your full disability check regardless of how much you earn.

The SSA evaluates your earnings after the trial work period

Once you use all nine trial work months, the SSA begins evaluating your earnings against what it calls Substantial Gainful Activity. That threshold is $1,690 per month for non-blind individuals and $2,830 per month for those who are blind. If your earnings consistently stay below that limit, your benefits continue. If you exceed it, your benefits may stop. For the following 36 months, the SSA reviews your earnings each month and can resume your payments in any month your income drops back below the limit.

Reporting your work activity is not optional

The SSA requires you to report any work activity while receiving your disability benefits. In New York, you can do this by calling your local Social Security office or using your online My Social Security account. Failing to report can result in overpayments you will have to pay back, and in some cases, penalties. Report any new job, change in hours or change in pay as soon as it happens.

Know where you stand before you start working

The rules around working while on disability are more complex than they appear, and a misstep can put your benefits at risk. Speaking with a Social Security disability attorney before you return to work can help you understand exactly where you stand and how to protect your benefits while you explore your options.  ]]> On Behalf of Palillo Law <![CDATA[How are wrongful death settlements distributed in New York?]]> https://www.palillolaw.com/?p=61551 2026-07-17T07:37:19Z 2026-07-17T07:21:01Z a loved one because of someone else's actions can leave you with emotional and financial concerns. If a wrongful death claim ends with a settlement or court award, you might expect the money to go straight to surviving family members. However, New York law follows a specific process. The amount each person receives may depend on the financial loss they suffered instead of an equal share.

Who manages a wrongful death settlement after a loved one dies?

You usually do not receive settlement money as soon as a case ends. Instead, the personal representative of your loved one's estate receives the money first. This person takes care of the estate and completes the required legal steps before eligible family members receive their share. In some cases, a court may review and approve the proposed distribution. This often happens if children or other protected family members have an interest in the settlement. The review may help make sure the distribution follows New York law and fits your family's situation. New York Estates, Powers and Trusts Law says that money recovered in a wrongful death claim goes to the people who suffered financial losses because of the death instead of becoming part of the estate for general distribution.

What factors could affect how the settlement gets divided?

You might think every eligible family member receives the same amount. However, New York law often evaluates each person's financial loss before the court divides the settlement. Some of the factors that may affect the distribution include:
  • Your level of financial dependence on your loved one
  • Your relationship with your loved one
  • The income, services and support your loved one likely would have provided
  • The number of eligible family members who share in the settlement
As a result, one family member might receive more than another if the evidence shows a greater financial loss.

Why might family members receive different amounts?

Every family has different needs and circumstances. For example, a surviving spouse who depended on the deceased's income may have a greater financial loss than an adult child who supported themselves. Young children also may need future financial support that a court could consider. These differences may result in family members receiving different amounts from the same settlement.

Understanding the distribution process

A wrongful death settlement may provide financial help after a difficult loss, but New York law does not always divide the money equally among surviving family members. Instead, the distribution often reflects each person's financial loss. Knowing how this process generally works may help you set realistic expectations while keeping in mind that every family's situation is different.]]> On Behalf of Palillo Law <![CDATA[Did you suffer an injury in a public transit accident?]]> https://www.palillolaw.com/?p=59488 2022-07-25T11:26:18Z 2021-01-27T15:00:23Z monetary compensation from the MTA after a debilitating public transit accident.

Filing a Notice of Claim

Before filing a personal lawsuit against a government agency, you must submit an official Notice of Claim form within 90 days of the accident. This document must detail the circumstances surrounding the accident and provide comprehensive information about your resulting injuries. You should also include your name and address and the contact information for your lawyer.

Supporting an injury claim

The agency in question can request a hearing within 30 days of receiving the notice of claim. The hearing will determine whether you can move forward with the lawsuit. Without a hearing request, you can continue with your legal claim as long as you file the lawsuit within one year and 90 days of the injury date. For a successful personal injury lawsuit, you must show that the transit authority failed to uphold its duty to keep passengers safe. You must also prove that this negligence directly caused your injury and the resulting costs, such as medical bills and lost wages. Carefully following protocol is an important factor of any legal claim against a government agency. Doing so can increase the chances of a successful case.]]> On Behalf of Palillo Law <![CDATA[Blizzard of 2020 a reminder of the risks winter poses to NYC]]> https://www.palillolaw.com/?p=58737 2020-12-15T22:02:43Z 2020-12-18T22:01:43Z owners are responsible for clearing snow and ice from residential and commercial properties, not the city. Porches, sidewalks and parking lots must be plowed. It also is illegal to shovel snow onto the street, bus stops or fire hydrants. But unfortunately, pedestrians cannot always rely on others to stay safe. Especially when it is snowing sideways, the winds are howling and all you want to do is get somewhere warm and dry.

How can city residents stay safe?

Everyone knows about defensive driving. Well, the same principles apply to walkers and joggers. Keep your head on a swivel and focus on what your feet are doing to help avoid serious slip-and-fall injuries or colliding with a moving vehicle. Here are more valuable tips about traversing New York streets during winter:
  • Dress for the part: Layers, a waterproof coat, plus a hat, gloves and sturdy boots for slushy puddles are non-negotiable when making fashion choices.
  • Stand out: Reflective clothes will help motorists and taxi drivers take notice while using a flashlight at night can illuminate black ice and potholes.
  • Look before you step: Pay attention to pedestrian signals, look both ways before crossing a street and do not assume a driver will stop for you.
  • Holster the smartphone: Texting or listening to music robs you of the visual, audio and cognitive senses that can signal.
  • Have a plan: Know in advance which direction you will be walking and whether the sidewalks and streets have been plowed.
It is always wise to stand back from intersections and street corners. Not only will it help you avoid slipping into whizzing traffic but give you more time and space to avoid getting splashed with dirty snow and slush. Meanwhile, do not assume the danger ends with the snowfall. Melting and re-freezing can leave walkways slippery for days, weeks or months. Plunging icicles can become daggers for unsuspecting pedestrians.

A false sense of security

Only 4.8 inches of snow fell in Central Park last winter, the lowest amount since 2001-02. Usually, the city gets 26 inches of snow every season. This December blizzard should remind pedestrians not to be lulled into a false sense of security. Slip-and-fall accidents are common causes of emergency room visits. Victims typically suffer head injuries, broken bones and cuts that can cause long-term pain and rob them of work and quality of life. Talking to a personal injury attorney experienced in New York law may determine whether a property owner was negligent. A viable case may provide you or a loved one compensation for lost wages and suffering.  ]]> On Behalf of Palillo Law <![CDATA[Can undocumented immigrants receive workers’ compensation?]]> https://www.palillolaw.com/?p=58722 2020-11-18T14:27:47Z 2020-11-18T13:30:28Z What is the workers’ compensation system? New York State operates under a “no-fault” workers’ compensation system. This means that, unless a worker deliberately causes the injury or is working while impaired by alcohol or drugs, the cause of the incident is not considered. All for-profit (and most nonprofit) employers must carry workers’ compensation insurance that provides employees with workers’ compensation coverage. This pays for medical care for anyone injured on the job, as well as a portion of his or her weekly wages. What documentation do you need to file for workers’ compensation? When you file a claim, your employer cannot ask you for any documentation to accompany it. The only items you need to complete the C-3 claim form are:
  • Your name, mailing address and phone number
  • Employer name and address
  • Job title and responsibilities
  • Gross pay rate
  • Date and time of the injury
  • How the injury occurred
  • Nature of injury
While there is a place on the form for your Social Security number, you can leave that section blank. If your employer or its insurance company asks you to submit any additional documentation for your workers’ compensation claim, you have the right to decline the request.]]> On Behalf of Palillo Law <![CDATA[MVA-linked personal injuries an annual winter downside across NYC]]> https://www.palillolaw.com/?p=58716 2020-11-06T13:23:34Z 2020-11-10T13:18:18Z motor vehicle accidents and resulting personal injuries across New York City and surrounding areas. That source emphasizes that, “In the city that never sleeps, car and truck accidents happen at all hours of the day.” Motor vehicle crashes and collisions of course occur across the metro throughout the year, even when the weather is warm, drivers’ visibility is unimpaired and roads are dry. The risks of accidents and injuries assume a special magnitude, though, when annual winter weather takes hold.

The obvious perils that attach to winter driving

Motorists who don’t annually adjust their behind-the wheel habits when winter conditions strike invariably add to crash-and-injury statistics. Winter driving is just different – and more dangerous – for a host of reasons, including these:
  • Visibility that can become virtually nonexistent
  • Road slipperiness owing to snow, ice, sleet and rain
  • Adverse road conditions that haven’t yet been remedied by maintenance efforts
  • Imprudent driving behaviors
That last bullet point merits special mention, given that driver negligence is the predominant and often sole cause of negative behind-the-wheel outcomes in winter. Things that might luckily yield only close calls at other times of the year – speeding, tailgating, fiddling with a cellphone, playing with a child or pet or succumbing to some other distraction – can spawn deadly results in a mere second during winter months.

Pursuing a meaningful remedy following a winter accident

Individuals and families victimized by third-party negligence or other factors contributing to vehicle-linked personal injuries during winter or throughout the year are far from powerless to act. They can secure timely and knowledgeable input from a proven legal team that can help them pursue a meaningful remedy. Such an outcome promotes post-accident accountability and can additionally secure maximum compensation that can be applied in the following areas:
  • To pay for medical expenses
  • To recoup lost wages
  • To cover the costs of required rehabilitation and therapy
  • To compensate for emotional pain and suffering
Motorists need to act with due caution during every moment they are engaged in traffic. When they drive in a reckless or negligent manner and injure others as a result, the legal system understandably holds them accountable and enables their victims to respond in a meaningful way.]]>