FAQs

Matthew’s Answer :-
-> Wednesday at 9:46am
I’m sorry to read that this happened to you. You may want to sue the “at fault driver” in NY Small Claims Court. Here’s an official link to the NYS Courts website to get started: https://nycourts.gov/courthelp/SmallClaims/index.shtml
Note: In order to protect your credit, perhaps you should pay the $1,258 or a negotiated reduced amount and then, present the receipt as evidence in your small claims case. Good Luck!

Matthew’s Answer :-
-> on Feb 4

If it’s helpful, according the many local VT news outlets, this is being reported: “What to do if your 1099 has issues: If you receive a 1099 with a mismatched name and address on the envelope, or if the information on the form doesn’t match the information on the envelope, sit tight. The state will provide instructions for returning the incorrect form. The state will mail a new 1099 to all unemployment claimants. The state will provide instructions for identity protection to anyone whose personal information was potentially released. In the meantime, monitor your bank and credit card accounts for any unauthorized activity. If you believe your identity may be stolen, contact Experian, Transunion and Equifax to freeze your credit score, or file an identity theft report at IdentityTheft.gov or USA.gov. All are free of charge. Source: Vermont Department of Labor”

Matthew’s Answer :-
-> on Jun 8, 2020

There is no single answer that can be given online without more specific details/info. The best practice in this case is to have an in person consultation with an experienced VT workers’ compensation attorney who can level they playing field during settlement negotiations. For example, you should think about the future medical cost to cover surgery and the period of time you could be totally or partially disabled following the future surgery, What about vocational rehabilitation? Has your functional capacity been assessed? What will be your work limitations? What is your age/work experience/skills? These kinds of questions should be answered in a meeting with your lawyer and well BEFORE you sign any proposed settlement.

Matthew’s Answer :-
-> on Jun 8, 2020

There is no single answer that can be given online without more specific details/info. The best practice in this case is to have an in person consultation with an experienced VT workers’ compensation attorney who can level they playing field during settlement negotiations. For example, you should think about the future medical cost to cover surgery and the period of time you could be totally or partially disabled following the future surgery, What about vocational rehabilitation? Has your functional capacity been assessed? What will be your work limitations? What is your age/work experience/skills? These kinds of questions should be answered in a meeting with your lawyer and well BEFORE you sign any proposed settlement.

Matthew’s Answer :-
-> on May 22, 2019

The short answer is NO. As you were “rear-ended” it would appear that the other “fellow” is liable. The longer answer involves some questions: Do you have a copy of the police report to help confirm the other “fellow” truly is liable? Were you within the course of your employment when you were struck? I ask since this question is labeled under the practice area “Worker’s Compensation”. Are you asking about your automobile insurance? If so are you asking about your “medical payments” benefits? Did the accident occur in VT? If not, was it a state with No-Fault insurance, such as neighboring NY? Depending on your answers to these and other questions, you may be entitled to not only recover the costs of your medical bills, but also other economic losses such as lost wages. You could also possibly recover for your pain & suffering (non-economic loss). It’s best to contact an experienced VT personal injury attorney to discuss your options confidentially. Typically the consultation is free. Good luck.

Matthew’s Answer :-
-> on Dec 7, 2018

Yes, however Medicare will have a right of recovery pursuant to Federal law for any conditional payments it made for your accident related medical treatments. You really should consult with an experienced NH personal injury attorney for your injury case before agreeing to anything. An attorney could maximize your recovery by negotiating with all involved parties and possibly utilize “med pay” benefits rather than Medicare. For example, I use a secure portal online to deal with MSPRC-CMS-COB&R regarding Medicare’s recovery and often dispute various charges that are not accident related.

Matthew’s Answer :-
-> on Sep 17, 2018

The best practice in this case is to have an in person consultation with an experienced VT workers’ compensation attorney who can level they playing field during such negotiations. For example, you should not only think about “future funds” to cover surgery, but also about the period of time you would be totally or partially disabled following the future surgery, What about vocational rehabilitation? Has a neurologist diagnosed the cause of the tremors? These kinds of questions should be answered in a meeting with your lawyer and well BEFORE you sign any proposed settlement.

Matthew’s Answer :-
-> on Aug 13, 2018
Assuming this 8/1/18 crash happened in NH, you and your son should IMMEDIATELY contact and meet in person with an experienced NH personal injury attorney who handles truck accident case. Timing is important because an investigation should be done NOW to determine numerous issues (including liability and the air bag) — before it’s too late. Typically the initial consultation is free and most attorneys offer a contingency fee, meaning your son does not have to worry if he can’t afford a lawyer. This is “where he needs to go from here”.

Matthew’s Answer :-
-> on May 15, 2018
Yes. It appears you need to consult with an experienced NH worker’s compensation attorney. I suggest you use FindLaw’s “Find a Lawyer” search tool and request an appointment for what is typically a free consultation. By doing this you will learn about your rights as an injured worker and how you may proceed at the NH Department of Labor.