I’m hurt at work…now what?

One of the most common defenses the insurance carrier will raise when an injured employer makes a claim for Workers’ Compensation benefits is that the employer did not have timely notice that an accident occurred. Therefore, it is extremely important for an injured worker to report an injury directly to their supervisor immediately after it occurred. Although notice orally given is generally sufficient, it is best to provide a written account of the accident and injury. If notice cannot be given immediately, it MUST be given within 30 days from the date of the accident. If the employer does not receive notice that an employee was injured within 30 days from the date of the injury, the injured worker’s claim for benefits is likely to be time-barred. Once an employer is on notice, an employee has two years to commence a claim for Workers’ Compensation benefits. read more →

The new No-Fault grounds afford New Yorkers a basis to get a ‘no-fault” divorce, in which neigher spouse is judged to be at fault.  Unquestionably, the “no-fault” laws will provide a disincentive for people who wish to challenge the basis of the divorce.

New York’s “No-Fault” Ground: What is “irretrievable breakdown of the marriage”?

An irretrievable breakdown of the marriage allows one spouse, unilaterally, to end a marriage and to do so without the agreement of the other spouse. However, the 2010 law provides that a court cannot grant a judgment of divorce until and unless the economic issues of the marriage are dealt with. read more →

The unprecedented increase in the marriage failure rate during this century and the latter part of the last century has had its effect, directly or indirectly, on virtually every family in the country. The following information was obtained from the New York Bar State Association. It is intended to briefly summarize New York State’s divorce laws.

Marriage is a civil contract. The state has an interest in preserving marriages. Accordingly, the marriage relationship only can be dissolved by a court, by either a divorce or an annulment. It also may be altered by a decree of separation granted by our courts. In any case, there must be a proceeding in the Supreme Court (which contrary to public thinking is not the highest court in New York State, but rather the trial court of general jurisdiction) in which the person seeking the divorce, separation decree or annulment must prove a basis for the divorce. read more →