Legal Question in Workers Comp in New York

I live and work in New York. I was hurt at my fulltime job. I am now out on workman's comp....possibly going on disability soon. I also own a business and do freelance work. Am I legally required to abstain from the freelance work and work for my business under workman's comp or disability? Is any type of work allowed? Thanks.


Asked on 1/25/10, 9:27 am

3 Answers from Attorneys

Thomas Reilly Learned, Reilly & Learned

If you were doing free lance work and making money from your business at the time you got hurt you might be able to add that income to the average weekly wage set in your comp case. In any case you can keep doing that work if your doctor has you at a partial disability and that work is within your restrictions. It is important that the comp carrier and board are aware of this other work so they don't try to use it as substitute work for the job you had when you got hurt and try to reduce your weekly wage loss payment rate. You really should get a lawyer to help you.

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Answered on 1/30/10, 12:00 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Hello and thanks for reaching out to our law firm. I believe this is a very sensitive situation you are faced with regarding freelance work. Your level of disability and other factors come into play in allowing me to properly answer this question for you. Kindly contact me, Pasquale Calcagno, Attorney at Law, at 1(800)WE-FIGHT for a free, confidential consultation on this matter.

Additionally, you may have another claim against a third party depending on the facts of your injury as many workers compensation lawyers overlook this point. Please visit us on the web at www.1800wefight.com to access free helpful resources on Workers Compensation and New York personal injury claims. We have convenient locations all over the New York City area and can have an attorney come to you for a free consultation upon request. I look forward to fighting hard for your rights.

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Answered on 1/30/10, 1:24 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

I totally disagree with the two prior posts. If you are totally disabled and doing freelance work and collecting compensation you are committing workers compensation fraud and if caught may go to jail.

If you would like to talk to me in confidence, I would gladly tell you how to rectify the situation and could help you obtain the compensation that you deserve. I handle many cases in New York City. Please email my firm at [email protected].

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Answered on 1/31/10, 4:41 pm


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