Practice Areas

The Law firm of Alex Dell represents injured and disabled workers who have one or more of the following claims:

NYS Workers’ Compensation Law

Workers’ Compensation is a no-fault system which pays benefits in the form of lost wages to individuals who are injured while working.  However, workers’ compensation does not allow individuals to recover for pain and suffering in connection with their work-related injury.  In certain circumstances when a third-party is involved, additional recovery may be permitted, thus, it is always important to inform your workers’ compensation attorney of all the details surrounding your occupational trauma. 

Workers’ compensation provides life-time medical care to those injured on the job, as well as reimbursement for mileage back and forth to doctor’s appointments.  A claim for workers’ compensation must be filed within two years from the date of injury.  It is imperative that injured workers who are unable to return to work maintain appointments with their doctors every thirty to forty-five days to confirm they are out of work due to the work-related injury.   

Workers’ compensation payments are based on a percentage of a person’s gross average weekly wage (AWW), combined with the degree of disability rating a medical doctor provides in connection with a person’s condition resulting from the work-related accident. 

Depending on the type of injury suffered, an injured worker may be entitled to a sum of money for the loss of use of a particular body site, referred to as a schedule loss of use.  With extremity type injuries (hand, elbow, shoulder, knee, ankle, etc.) an individual should make an appointment with his/her doctor either one year after the injury, or one year after surgery associated with the injury, and be evaluated for measurement of a percentage loss of use.  With an injury involving the spine, an individual is not entitled to a schedule loss of use.  Rather, that person may be entitled to a permanent, partial disability classification. 

Reduced earnings are available to individuals who return to work after an injury, but are making less money than what they were making prior to the occupational trauma.  An individual is entitled to two-thirds of the difference in pay if his/her doctor confirms that the individual does, indeed, have medical restrictions and limitations associated with the work injury and must perform a lighter duty job, or work for less hours per week as a result of the work injury.

the insurance companies have experienced attorneys on their side, so should you

NYS Volunteer Firefighters’ Benefits Law

NYS Volunteer Firefighters’ and Ambulance Workers’ Law allow those who are injured while participating as volunteer firefighters or ambulance workers to receive cash benefits and medical care.  Volunteer firefighters and ambulance workers are qualified under workers’ compensation to receive a set amount of compensation based on their level of disability and inability to perform their regular occupations. 

NYS Disability Benefits Law

NYS Disability Benefits Law requires employers to provide disability benefits coverage to employees for off the job injuries or illnesses.  Disability benefits are cash benefits paid to eligible workers on a temporary basis.  In order to obtain disability benefits, one must complete an application.  In our practice, many of our workers’ compensation clients obtain short-term disability benefits while pursuing their workers’ compensation claims that are controverted, in other words, are not accepted immediately by the insurance carrier.  Workers’ Compensation claims that are not accepted immediately by the insurance carriers can often require lengthy periods of litigation, including taking claimants’ testimony and testimony by the medical providers involved in the case.      

NYS Disability Retirement

The retirement system provides various types of disability retirement benefits to eligible members.  Disability retirement benefits are determined by six different components including membership tier, retirement plan, final average salary, credited service in the Retirement System, age and whether or not the disability was the result of an on the job accident. 

NYS General Municipal Law Sections 207(a) and 207(c)

Subsection (a) provides for the payment of the full amount of regular salary/wages to firefighters suffering injuries sustained in the performance of their duties, together with medical and hospital expenses.  Subsection (c) provides the same benefits to police officers and corrections officers.  

Social Security Disability

The Social Security Administration has two programs that provide benefits based on disability: Social Security Disability Insurance (SSDI), which is based on prior work under Social Security, and Supplemental Security Income (SSI).  Under SSI, payments are made on the basis of financial need.

Social Security Disability Insurance (SSDI) is financed with Social Security taxes paid by workers, employers, and self-employed persons.  The amount of the monthly disability benefit is based on the Social Security earnings record of the insured worker. The SSDI program provides benefits to the disabled or blind individuals who are considered "insured" because of their contributions to the Social Security trust fund.

Supplemental Security Income (SSI) is a program financed through general revenues. You do not need a work history to qualify for SSI.  SSI disability benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible.  The monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the State or decreased by income and resources.

Apply for Social Security Benefits:
Call 1-800-772-1213 or contact your local Social Security Office to set up an appointment to complete the application form in person or over the phone.