Jonathan H. Poznansky, Attorney at Law

What are the workers' compensation death benefits in NY?

Injuries can fall anywhere on a large spectrum from relatively minor and non-life-altering, such as minor bruises, to those that can completely alter an individual's life. The latter types of injuries can leave a victim with not only extensive physical limitations but also emotional turmoil, which can be exacerbated by financial hardship. This financial hardship can be caused by massive medical expenses and lost wages due to an inability to work. At least with regard to this aspect, there is good news in that these individuals may be able to recover Social Security disability benefits.

These benefits may be especially important to those who suffer from traumatic brain injuries, as the costs associated with such an injury can be excessive. However, just like with any other injury or illness, in order to qualify as a disability, a sufferer must show that he or she meets certain federal requirements.

When it comes to traumatic brain injuries, there are two ways individuals can qualify for SSD benefits. First, he or she can present evidence that the injury has resulted in difficulty standing or walking or using the upper limbs. To qualify under this prong, the condition must be present for at least three straight months following the injury. The second way to qualify for SSD benefits with a traumatic brain injury is to show an impact on one's mental capabilities, which may include limitations to memory, concentrating, socializing and understanding information.

Although proving these elements may seem easy enough, many individuals' claims are denied for inadequate medical evidence. Other see their claims denied for other reasons, such as inadequate work history or failing to prove how an injury affects his or her ability to work. Those who suffer from a disability can't afford to waste time pursuing their claim, which is why they need to present as strong of a case as they can from the get-go. An experienced Social Security disability attorney may be able to assist with this process.

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