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Buffalo New York Workers' Compensation Blog

I've been denied recommended injury treatment. What now?

Medicine is a science. Or, it's an art. Maybe it's both. Insurers and medical practitioners can't achieve consensus. The disagreement has special implications for New York workers injured on the job.

Workers' compensation mandates coverage for medical treatment for work injuries – within set guidelines. If you and your doctor decide to stray from the treatment listed in those guidelines, the insurance company may deny payment for that treatment. In some such circumstances, seeking a variance might be necessary.

Insurers track your social media posts for ways to deny claims

Facebook, YouTube, Snapchat and Instagram are the most-used social media platforms by adults in the United States. Facebook and YouTube stand out as the overall leaders, and results of a recent survey indicate most individuals are active on more than one of the platforms.

If you are among those who use social media, you should know that virtually nothing is private anymore. Indeed, social media is such an open book that those in the workers' compensation industry make it a practice to scour the platforms to uncover fraud and deny claims.

The price you can pay for power tool efficiency

We live in a motorized world. Few would want it any other way. Tasks that took hours or days by muscle power alone take minutes or seconds with the many gas- and electric-powered hand tools.

As with any advancement in technology, efficiencies come at a price. For workers who regularly use any kind of power tools, the price is an increased risk of hand-arm vibration syndrome.

Things employers do to skirt workers' comp requirements

If your employer or supervisor takes a cavalier attitude toward rules and regulations, it could be a sign of trouble ahead. Disregard for the law could have implications if you suffer a work injury and seek the workers' compensation benefits to which you are entitled.

These are bad signs

Can I get workers' compensation if I'm older than 65?

If you are doing work for a for-profit business and getting paid for it, New York Workers' Compensation Law says you are eligible for benefits if you are hurt on the job. It does not matter how old you are.

Perhaps a better way of asking the question in the title of this post is, "Can I get workers' compensation if I'm retired and collecting a pension or Social Security?" This is a fair question for anyone to be asking these days. While 65 is a traditional retirement age, many people do not leave the workforce until they are much older. Some people like working. Others feel they can't afford to retire.

What happens with my claim if my employer goes out of business?

Regular readers know we stress the importance of reporting all workplace injuries. As we noted in a previous post, state law requires workers to notify employers about injuries as soon as possible after they occur. Filing a claim for workers' compensation benefits, if one is made, must occur within two years of the injury, or the date you determined your illness or injury was work related.

Considering how complicated the process can be, it begs the question: What happens to my claim if my employer goes out of business? There are several possible answers. The one that might apply to you depends on the status of your claim at the time your employer closes its doors.

The 10 most dangerous jobs in America

There are many ways to gauge workplace risk. On-the-job dangers come in many forms and can cause a host of injuries, illnesses, or even fatalities. Regardless, workers are entitled to protection by workers' compensation.

Many government and insurance entities keep track of workplace accidents and fatalities. For this post, we looked at data from the federal Bureau of Labor Statistics that show the 10 civilian occupations with the highest work fatality rates in 2016, the latest year for which complete information is available.

Can a workers' comp settlement be garnished?

Workers' compensation benefits are not a financial windfall. Part of the purpose of workers' comp is to ensure that workers injured on the job don't pay out of their own pocket for the medical treatment they need to recover.

The other key element of workers' comp coverage is cash benefits that cover a portion of lost wages. The amount received depends on: the nature of the worker's disability, the worker's earnings record and a schedule set by the state. Pursuing optimal benefits requires understanding the system's complexities.

Can remote employees collect workers’ compensation?

In this technological age, many employers now support arrangements that allow their employees to work from home. This opportunity to work remotely from home raises the question in the title of this post.

Remote employees seeking workers' compensation need to prove that their injury arose out of and occurred in the course of their work.

New York State takes workers' compensation fraud seriously

Fraud can be found in a number of factual situations, against a number of involved parties. The New York State Workers' Compensation Board has an Office of the Fraud Inspector General. This office investigates any allegation by any party against the workers' compensation system. These might include: