Montemaggi Law - Workers Compensation Attorneys

The process: What will happen

Having to go through the process of making a claim can be very daunting. But don't worry, we've seen it all before and we are here to handle it on your behalf.

The government agencies that handle the workers’ compensation and disability claims in which Montemaggi Law represents people are all different from each other and can be very complicated. Below is a brief explanation of the basic process for each of the areas of law we handle. However, this does not and cannot cover every possibility.

Workers' Compensation

Social Security Disability

Federal Workers' Compensation

Veterans’ Disability Benefits


Workers' Compensation

If you are hurt at work, the first thing you should do is report your injury to your employer as soon as possible. If your injury is not the result of a specific accident, you should report it as soon as you are aware the injury is work-related. If you have any doubt about whether to pursue a claim, the answer is yes. If you do not file a claim, you will give up valuable rights and it can be very difficult to pursue a claim if you delay.

Next, you should file a claim with the Workers’ Compensation Board on the proper form. Your employer is supposed to report injuries, but you cannot rely on that and should be sure to file a claim yourself. Montemaggi Law can help you file your claim.


Roofers and other construction workers may be injured in falls from roofs, scaffolds and other high places. Such workers may be able to obtain money awards beyond Workers’ Compensation. Injuries may include head, neck or back injuries.


If your case is accepted, there may not be a hearing for some time, but most cases will eventually have a hearing. If the insurance company fights your case, there will probably be a number of hearings on whether your case should be established, possibly including testimony from you, your employer and/or doctors. If the insurance company does fight your case, call Montemaggi Law right away.

Unlike many other types of claims, Workers’ Compensation cases have no definite end point unless you enter into a full settlement agreement. However, that is not automatic and not the normal result. After a case is established, there can be numerous issues that could result in further hearings and testimony. The issues can include your level of disability, payment rate, fraud, permanent disability or medical treatment.

If you lose at any point in the case or the insurance company or employer decides to appeal a decision you won, the case can be appealed to a panel of 3 Workers’ Compensation Board commissioners to decide. Further appeals are available to the Full Board (all the commissionsers deciding together), which is not usually granted, and/or to the New York State Appellate Division. Ultimately, appeal could be taken to the New York State Court of Appeals, but this is extremely rare.


Office workers often develop problems with their hands, arms and neck from repetitive work activities. These include carpal tunnel syndrome and cubital tunnel syndrome (elbow).


You should call Montemaggi Law early in the process so that we can get the case on track early and keep the case on track. The issues are complicated and you may never know if you obtained all the benefits to which you are entitled if you are not represented.

Contact Montemaggi Law today.

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Social Security Disability

The first step in a Social Security Disability claim is to file an application for benefits with the Social Security Administration. This can be done in person at your local Social Security Office, over the phone or online.

The Social Security Administration does not actually do the work or make the decision in this step. Instead, a state agency, the New York State Office of Temporary and Disability Assistance in New York, is supposed to gather your records, get information and statements from you, have you examined if needed and make a decision. Some of the people working at this agency do a very good job. However, often they are overwhelmed by the large number of claims and they cannot get records, don’t ask for all the records that might help because of guidelines they follow or are otherwise unable to gather information favorable to your case. Many lawyers tell people to apply and call back if they are denied, which is one way to go. In fact many people do this step on their own before even calling a lawyer. However, we believe it is possible to influence the process at this early stage and maximize the chances of success. Montemaggi Law can help you with your application and it may be better to have an attorney involved in the process at this early stage or at least right after you apply.

If the claim is partially or fully denied, there is an issue of the amount of benefits, or some other issue, the next step in New York is to request a hearing in front of an Administrative Law Judge. It takes up to 2 years and sometimes longer to get a hearing. Social Security will review the file while it is waiting to be scheduled for a hearing. They might refer it back to the state agency if they think your claim needs further review or if there is need for additional information. They might also decide that the benefits should be granted based on the information in the file or new information they receive. However, both of these are rare with unrepresented people and most people, even represented people, have to wait for a hearing. At Montemaggi Law we try to get as much information as we can early in the process to increase the chance of getting a decision before a hearing.

If you lose or get a decision only partly in your favor at the hearing, the next step is an appeal within the Social Security Administration and then, as a last resort, to Federal Court.

Call Montemaggi Law early so that we can maximize the chances of a favorable decision early in the process. Our proactive approach can help avoid having to wait for a hearing and get an early decision in your case.

Contact Montemaggi Law today.

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Federal Workers' Compensation

If you are a civilian employee of the U. S. Government in a civilian capacity including part-time or temporary employees and are hurt at work due to an accident or traumatic event, you must file a CA-1 form with your supervisor with the box for “continuation of pay” checked. If this form is not filled out, signed and given to your supervisor within 30 days of your accidental or traumatic injury you will lose your right of having your regular pay continued while you are out of work rather than receiving sick leave, annual leave or losing your pay. If you develop an occupational disease which is an injury or disease that happens or occurs over a period of time greater than one work day or one work shift, you should file a form CA-2 as soon as you can to give your employer notice of the claim along with medical documentation and a statement from you about how you got the disease as described within the instructions on the multipart CA-2 form. The CA-1 and CA-2 form is available from the Employer or online.


Postal and similar workers may suffer injuries from lifting, automobile accidents, falls and other work hazards. These can include arm, shoulder, neck, and back injuries.


The Office of Workers’ Compensation Programs (OWCP) makes decisions on injured workers’ claims. If a controversy occurs, the injured worker may request an administrative hearing, reconsideration or appeal to the Employees’ Compensation Appeals Board (ECAB).

You should call Montemaggi Law at any time during the process of your claim so that we may assist you to insure that you receive the benefits that you are entitled to under Federal Employees’ Compensation Act (FECA) including potentially a permanent impairment award under certain circumstances.

Contact Montemaggi Law today.

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Veterans’ Disability Benefits

The first step is to file a claim with your Veterans’ Administration Regional Office (VARO). There is no time limit for filing the initial claim, so you may file at any time. The Veterans’ Administration will issue a decision after gathering some information from you.

Next, you will need to file a “Notice of Disagreement” if you lose or disagree with any part of the decision. This must be done within one year of the decision. If you lose again, there are then two options:

You may request review by a “Decision Review Officer” at the Regional Office. If you do this, you will then receive a decision by that officer. If the decision is not changed, you will receive a “Statement of the Case” from the Veterans’ Administration and can go on to file an appeal with the Board of Veterans’ Appeals (BVA) as described below.

If you do not request review by a Decision Review Officer, the next step is receiving the Statement of the Case from the VARO. An appeal to the BVA must then be filed within 60 days of the mailing of the Statement of the Case or one year of the mailing of the first decision, whichever is longer.


Military personnel may suffer many injuries due to the physical dangers and psychological stress of service on behalf of their country. These can include any type of physical, traumatic brain injury, exposure to Agent Orange or other hazardous materials and post-traumatic stress disorder.


If appeal to the BVA fails, there are several options that can be pursued next including trying to get the Veterans’ Administration to reconsider the decision or appealing the Court of Appeals for Veterans’ Claims. At Montemaggi Law, we can help you through this complicated process and help decide which are the best options.

Contact Montemaggi Law today.

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