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2018 Articles
What does ‘light duty’ work mean?
After being injured on the job, there is incentive to get back to work as quickly as reasonably possible, as being out of work for too long can impact your finances. If your doctor says you can work but cannot perform the duties of your previous job, there are alternatives....
Is medical marijuana allowed in New York as workers’ comp treatment?
Attitudes regarding marijuana are undergoing a major shift in the United States, especially in the context of using marijuana for medical purposes. New York state is at the forefront of the changes. Step one occurred in 2014 with passage of the Compassionate Care Act, which allows registered medical providers to...
Forklifts: Their visible and invisible risks
Lift trucks are vital tools in many industries. They allow workers to maneuver huge loads in tight places. Unfortunately, they also can pose serious threats to workers. Nearly 35,000 serious forklift injuries are reported each year, according to the Occupational Health and Safety Administration. OSHA says more than 80 people...
Fall-protection equipment can cause injury or worse
Federal and state laws require employers to make work environments as safe as possible. To help employers comply with those laws, an entire industry exists around personal protective equipment. When safety equipment poses a hazard Unfortunately, sometimes the equipment meant to protect a worker can cause injury. In the worst...
What happens at a workers’ comp hearing?
A New York worker legitimately injured on the job has a right to expect at least one benefit under the state’s workers’ compensation system: immediate medical treatment for the injury. Further benefits, such as money benefits and rehabilitation treatments for a disability, may require a legal process and the filing...
How does the rehabilitation process work? – Part 2
Helping workers who are injured on the job is about more than just providing necessary care. To the extent possible, the workers’ compensation system has a legal mandate to provide additional rehabilitative services. As we described in our last post, rehabilitation can take two forms: physical rehabilitation and vocational rehabilitation....
How does the rehabilitation process work? – Part 1
Workers’ compensation rehabilitation can come in two forms. The first is physical rehabilitation. The elements include medical treatments or physical therapy prescribed to help you heal and restore you to normal, or as close to normal, function as possible. The second is vocational rehabilitation, often necessary if your injury leaves...
What happens if my employer doesn’t have workers’ comp insurance?
It’s difficult to fathom that an employer in New York, required to have workers’ compensation insurance, would choose to not carry it. Yet, some employers don’t have coverage. Fortunately, if you get hurt on the job and then find that your company doesn’t have the necessary insurance, there are still...
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...
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...
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...
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 Under...
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...
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...
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...
Can Workers' Compensation 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...
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...
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: Individuals who submit...
If hurt in a fight at work, can I get workers’ compensation?
Civility is an important element of a productive workplace. To foster an appropriate environment, employer policies often ban certain behaviors, such as foul language and physical violence. Policies, however, do not always prevent bad behavior. If a fight or assault at work leaves you injured, it is fair to ask...
My workers’ compensation claim was denied. What now?
New York law requires that nearly all employers provide workers’ compensation coverage for their employees. Yet this does not mean every workers’ compensation claim is accepted. Many workers’ compensation administrators accept claims, but the reality is that sometimes claims are denied. When that happens, a skilled attorney’s help can be...
How do I know if I’m covered by workers’ compensation?
If you are working in the Buffalo area and are injured on the job, it’s likely you are eligible for workers’ compensation. Under New York law, nearly every employer is required to carry coverage. This ensures that individuals hurt or made ill at work receive the care they need. If...
Who watches out for injured healthcare workers?
Doctors, nurses and other health professionals are not immune to illness and injury. Indeed, statistics show they face a greater need for workers’ compensation than most industries. Exposure to disease is a given in a clinic or hospital setting. Through the course of any given day, health workers are moving...
Why it’s important to report injuries, even seemingly minor ones
Every injury suffered at work, no matter how small, should be reported to your employer. GIVING NOTICE State law requires workers to notify supervisors as soon as possible after any incident. The initial notification may be verbal, but it is best if it is followed up with a formal...
What you should not do after a work injury
American workers are made of stern stuff. Most share the common work ethic that includes that little voice in our heads that says, “Buck up. Shake it off. Get back in the game.” This can be admirable, but if you are hurt on the job, enduring the pain and trauma...
Does permanent disability mean endless benefits?
Workers’ compensation is a valuable benefit every worker in New York should be familiar with. It ensures that individuals injured on the job have the availability of financial payment while they are losing time from work due to the injury, as well as necessary medical treatment. The best-case scenario after...
Who is and is not covered by New York workers’ compensation?
In New York state, employers have an obligation to provide workers’ compensation insurance coverage, regardless of fault. This means if you are hurt on the job, you can obtain immediate medical care, as well as longer-term rehabilitation treatment if it’s necessary. In the event your work injury or illness causes...
The historic event that spurred New York workers’ compensation
As we noted in a previous post, the concept of workers’ compensation dates back some 4,000 years. Considering the expanse of time the concept has been around, it might surprise some readers to learn that workers’ compensation in New York State has existed for only slightly more than 100 years....
Types of benefits available under New York workers’ compensation
If you go to your personal physician with a specific injury, one of the first questions you likely will face is whether the injury happened at work. There’s a good reason for the inquiry. If the trauma occurred outside of work, your personal or employer-sponsored health insurance receives the claim....
Who is responsible for what when I’m injured on the job?
Injuries on the job happen. Some jobs are more hazardous than others but the reality is that injuries can happen to anyone, at any time. The premise of workers’ compensation coverage is that fault is not a factor. Workers’ compensation law in New York provides individuals with the medical care...
In New York, what does workers’ compensation cover?
Workers’ compensation, as a concept, is not new. Its history traces back some 4,000 years to ancient Sumeria. Documented law from that time includes provisions for monetary compensation for a worker’s loss of body parts and even broken bones. A few hundred years later, Ancient Greek, Roman, Arab, and Chinese...
OSHA increases enforcement of silica rule
In 2013, OSHA implemented a new crystalline silica standard for construction companies in New York and throughout the country. In January 2018, OSHA adjusted the fines that these companies must pay for violating that rule. They will be fined $12,934 per violation in addition to the same amount per day...
How a lawyer can help with a workers’ comp case
Although worker safety should be a top priority for employers, safety hazards are often overlooked. Employees may face safety threats daily, and on the job injuries are a common occurrence. A prevalent problem In 2016, nearly 3 million workplace injuries were reported in the U.S. Almost 140,000 of those injuries...
What are the “fatal four” injuries in the construction industry?
According to the 2016 Census of Fatal Occupational Injuries (CFOI) from the Bureau of Labor Statistics (BLS), 63.7 percent of worker fatalities occurring in the construction industry resulted from injuries sustained from one of the “Fatal Four” accidents. What are the “Fatal Four”? Falls — According to OSHA, fall protection...
Report shows truck drivers have the most fatal jobs
When the road is your workplace, you encounter a number of dangers. From icy roads to aggressive and reckless motorists, truck drivers face a higher risk of serious crashes in general. Delivery drivers also have to deal with unsafe paths and doorsteps. Workers with tractor trailers need to manage the...
Common mistakes workers make that jeopardize workers’ compensation claims
After a workplace accident, you may be overwhelmed and unsure of how to protect your physical and financial well-being. Unfortunately, this hesitation can lead to mistakes that hinder your ability to collect necessary workers’ compensation benefits. Below, we outline three of the most common ways that many workers unintentionally harm...
Are workers’ compensation and personal injury claims the same thing?
Many workers mistakenly assume that workers’ compensation and personal injury claims are the same. While both types of claims help injured persons pursue financial benefits after an accident or injury, they are distinct in scope and nature. In some cases, injured workers can receive workers’ compensation and personal injury damages...
Can You Trust Insurance Companies?
Every employer in the state of New York is required by law to carry workers’ compensation insurance. This coverage ensures payment and compensation for an injury or sickness caused by conditions in your workplace. The insurance companies that sell these policies are for-profit businesses that have been entrusted with your...