$230k Settlement and Social Security Disability Benefits for Injured Fuel Truck Worker

Plainview, New York — In December 2021, a worker was standing on top of a fuel truck securing a pump and valve when he slipped and fell eight feet to the cement pavement below. In immediate and excruciating pain, he called out for help. His supervisor heard him, ran outside, and called an ambulance. The worker was transported to Stony Brook University Hospital, where he stayed overnight while doctors assessed his injuries.

Doctors soon confirmed that he had suffered multiple fractured vertebrae in his back, a neck injury, and a possible dislocated or torn elbow. His employer assured him he could take time off to recover. But given the severity of his injuries, he decided to be proactive and retained LICOMPLAW to represent him.

Although his employer voluntarily continued payments, our client soon noticed that his checks had been cut to roughly half of his usual weekly earnings. With injuries like his and a long recovery ahead, he knew that amount would not support his family, and that his financial future was at risk.

In May 2022, Partner Rich Donohue fought back. He argued against the employer’s attorney’s request to reduce our client’s benefit rate by half and successfully maintained a higher weekly compensation rate.

Our client’s recovery was not easy. His elbow injury required more intensive treatment, including surgery. The employer’s insurance carrier denied the requests. Our paralegals appealed each denial and worked to get the medical requests approved by the Workers’ Compensation Board. Their persistence paid off: the elbow surgery was authorized, and our client was able to schedule the procedure for September 2022.

The elbow was only one part of this injury. Our client continued to have serious back problems, and his doctors believed the pain stemmed from his lower back. They needed MRIs to confirm it. As we expected, the employer and its insurance carrier denied further testing that would have established additional liability and the need for more treatment.

That left us no option but to bring the matter before the Workers’ Compensation Board. Drawing on her legal experience and detailed medical reports from our client’s doctors, Attorney Allison Curley secured approval for the requested testing and treatment, which led to lumbar surgery in 2023. She also successfully raised the issue of concurrent employment, meaning our client’s earnings from a second job were factored into his benefit rate, which increased the overall value of his case.

With injuries this severe, necessary treatment often exceeds what the New York Medical Treatment Guidelines authorize. These guidelines are not meant to stop treatment. They limit a doctor’s discretion, so any care beyond them must be formally requested and supported by medical evidence. That process can be tedious and intimidating, and it frequently leads to hearings before the Board.

Our client knew what to expect, and he knew our team had the experience to navigate the system and get denied treatment approved.

As time went on, it became clear that our client’s injuries had changed his life permanently and that the return to work he had hoped for was not realistic. That became even more evident when his employer terminated him in early 2024.

Our Social Security Disability Department had been working behind the scenes from the beginning and was already pursuing Social Security Disability benefits to protect our client’s health and his family’s future. At the same time, Partner Jim Accardi negotiated with the insurance carrier toward a Section 32 agreement, a settlement that closes a workers’ compensation case in exchange for a final monetary award.

Our client never imagined his life would change the way it did that day in December 2021. After years of medical treatment, surgeries, and weekly compensation checks, our firm secured a $230,000 settlement through his Section 32 agreement, along with his Social Security Disability benefits.

By Brian Molina
Marketing Coordinator & Paralegal

NYCOMPLAW

Prior results do not guarantee a similar outcome. Every case is different, and results depend on the specific facts and circumstances involved

If you or a loved one has suffered a work-related injury, don’t wait to protect your rights and your future. Call 866-557-7500 for a free and confidential consultation.

Navigating the intersection of federal 9/11 claims, New York State Workers’ Compensation, and municipal disability pensions require specialized legal strategy. At McIntyre, Donohue, Accardi, Salmonson & Riordan, LLP, our legal team handles every step of the process on your behalf:

1. Establishing Exposure Proof: We locate historical employment records, utility bills, lease agreements, affidavits, or transcripts proving your presence in Lower Manhattan during the qualification period.
2. WTCHP Certification Support: We guide you through enrollment in the World Trade Center Health Program so your medical conditions are officially certified.
3. Maximizing VCF Financial Awards: We document non-economic losses (pain and suffering) and economic losses (lost wages, loss of union pension accruals, and medical expenses) to secure full compensation.
4. Coordinating Disability & Workers’ Comp Benefits: We integrate VCF awards with New York Workers’ Compensation and municipal disability pensions so your rights are protected across all legal avenues.
5. Supporting Families with Wrongful Death Claims: We assist grieving families who lost a loved one to a 9/11-related illness in securing survivor benefits and wrongful death compensation.

On this 25th anniversary, we reaffirm our dedication to the individuals and families who gave so much to New York and our nation. If you or a family member served, lived, or worked in Lower Manhattan in the months following September 11, 2001, you may be entitled to lifetime medical monitoring and tax-free financial compensation.

Contact McIntyre, Donohue, Accardi, Salmonson & Riordan, LLP today for a confidential, no-obligation consultation. Let our experienced legal team manage the details so you can focus on your health and family.