Sawers & SackelSawers & Sackel2024-02-27T06:36:21Zhttps://www.sawersandsackel.com/feed/atom/WordPress/wp-content/uploads/sites/1301541/2019/09/cropped-fab-min-32x32.jpgOn Behalf of Sawers & Sackel PLLChttps://www.sawersandsackel.com/?p=489692023-06-09T16:51:02Z2023-06-20T16:37:06Zinjuries to the extremities are among the most common injuries that lead to trauma care and surgery. What happens after an injury to someone's arms, legs, hands or feet on the job?
Workers' compensation will help with their care
An extremity injury may require surgery or trauma care. Injuries may also force people to take a leave of absence from work or may make them dependent on assistive technology to complete even basic job functions. Whether someone accidentally severs their finger due to a timing error in a manufacturing facility or crushes their lower leg in a warehouse incident involving a forklift, the worker can potentially apply for workers' compensation benefits in response to their injury. A successful claim can cover the full costs of an individual’s treatment expenses for any necessary care related to the injury, including surgery, physical therapy and prescription costs.
While recovering from an extremity injury during treatment or surgery, workers can qualify for total or partial disability benefits. If the injury results in a permanent restriction in the functioning of the extremity, the worker could also be entitled to a lump sum payment award.
If the injury becomes chronic and doesn’t stabilize, the worker may be eligible for ongoing permanent partial disability benefits if they are unable to return to work, or if their return to work results in a reduction in earnings because of the injury.
Workers shouldn't fear speaking up
Reporting a workplace injury, seeking benefits and requesting doctor-recommended physical accommodations on the job are typically all protected activities. Workers should not have to worry about any kind of punishment or retaliation from their employer when they get hurt on the job and need medical care and possibly a leave of absence.
Seeking legal guidance when applying for workers' compensation benefits or communicating with an employer about the restrictive impact of a recent job injury can potentially help those who have been hurt at work reduce the lasting financial impact of their injuries.]]>On Behalf of Sawers & Sackel PLLChttps://www.sawersandsackel.com/?p=489652023-06-09T17:12:03Z2023-06-09T17:12:03ZWorkers' compensation can help pay your bills
Whether you were struck by a piece of machinery in a factory or got into a car crash while working as a delivery driver, you may be eligible for workers' compensation benefits. New York employers generally need to carry coverage or self-insure in the event that someone gets hurt on the job.
No-fault workers' compensation benefits can pay for all of your injury-related healthcare costs and can also help replace your lost wages. There are both short and long-term benefits available, as well as partial and total disability benefits.
If you experience a short-term leave of absence because of your injury, workers' compensation can cover up to two-thirds of your average weekly wage until you return to your job. If you can work but must accept a lower-paid position until you fully heal, partial disability benefits can cover part of the difference in your wages.
If you will forever work a lower-paid job or cannot work at all, you can qualify for permanent disability benefits in some situations.
Maximizing benefits is crucial after major injuries
Workers' compensation benefits alone may not be enough for those who serve as the sole wage earner for their family to replace their lost income. Especially when the consequences of your work injury are likely to persist for the indefinite future, you need to know your rights and make sure you follow the rules to obtain workers' compensation benefits, as well as look into the possibility of a personal injury claim.
Filing a workers' compensation claim and understanding when other parties may be partially liable for a work-related injury can help you reduce the financial losses your family must absorb if you’ve suffered occupational physical harm. It's important to seek counsel after an injury so that you are aware of all available options.]]>On Behalf of Sawers & Sackel PLLChttps://www.sawersandsackel.com/?p=487382022-12-02T14:04:04Z2022-12-02T14:04:04Zwork-related injury, it is important to report it promptly to your employer. If you are not sure if you want to report an injury, talk an experienced workers' comp attorney about it first. Keep in mind you have a limited amount of time to report an injury and seek workers' comp benefits.
Why is workers’ comp an important kind of insurance coverage?
Workers’ compensation is important insurance coverage because it protects the health and welfare of injured workers.
When injured on the job, the insurance may cover your medical care at the hospital, urgent care or doctor’s office. It also may provide you with compensation for missed work.
If you cannot return to work or you need to switch to a new role, workers’ compensation can be helpful. It generally offers vocational rehabilitation support, which means you can train for a new position if you cannot return to the work you did in the past.
The value of your workers’ compensation claim
The value of a workers’ comp claim can range from a few hundred dollars to thousands of dollars. You should not have to pay for your medical care or other needs while you recover — that is what workers’ compensation is for.
Remember, as someone who is employed and who was hurt on the job, you have a right to report your injuries and make a claim. If you have questions about making a claim, your workers' comp attorney can help you.]]>On Behalf of Sawers & Sackel PLLChttps://www.sawersandsackel.com/?p=487512022-12-02T14:03:00Z2022-12-01T14:02:07Zno-fault coverage. Even if you trip over your untied shoelace in the course of your employment and get hurt as a result, you can claim benefits. You don't have to show that your employer was to blame.
However, there are two scenarios when your fault for a workplace injury could prevent you from getting benefits.
When you caused the injury intentionally
If your employer or the insurance company determines you intentionally injured yourself to qualify for workers' compensation or secure a leave of absence, you can be denied benefits.
When impairment led to your injury
While you may enjoy a drink after work, that same drink could affect your rights if you consume it during your lunch break. Drug and alcohol testing is frequently part of the process for a workers' compensation claim. If it can be shown that you were under the influence and also that your impairment was the cause of your injury, it could mean you do not qualify for workers' compensation benefits.
With the exception of those two circumstances, most workers hurt on the job will be able to rely on workers' compensation for disability benefits and medical coverage. Speaking with an experienced workers' comp lawyer can help you get the benefits you deserve.]]>On Behalf of Sawers & Sackel PLLChttps://www.sawersandsackel.com/?p=488802022-11-15T22:22:25Z2022-11-15T13:00:48ZIn New York, injured workers enjoy more freedom of choice
Generally speaking, an injured worker in this state has more autonomy than injured workers in many other states. You can seek emergency medical care anywhere (and anytime) you need it.
To determine what you need to do next or for non-emergency care, you first need to know if your employer’s insurance is a preferred provider organization (PPO). Then, the rules work like this:
If your employer has a PPO and you have been properly notified of this in advance, you have to choose a doctor who is part of the PPO as your treating physician for the first 30 days of treatment.
If your employer does not have a PPO, you can see any medical provider you wish so long as they are authorized by the Workers’ Compensation Board. The state even maintains a searchable database to help you find a provider.
If you have been using a provider that was part of your employer’s PPO and the initial 30 days have passed, you can notify your employer that you intend to seek new care outside of the PPO system.
Why is this so important? Well, to start with, there’s probably nothing more personal than the relationship between a patient and a physician. You want a physician who listens to you, treats you like a vital part of your own health care team and makes good decisions.
You should not be stuck with someone you do not want. Second, you want a doctor who will not put the company’s concerns above your health. That can happen when a physician is selected by an employer.
Get answers to your questions
It can be confusing to understand your rights under workers’ compensation – and too many insurance companies and employers are willing to exploit that. Experienced legal guidance can help you.]]>On Behalf of Sawers & Sackel PLLChttps://www.sawersandsackel.com/?p=487342022-07-25T19:15:39Z2022-07-25T12:00:45Z
You will be treated to a single standard of care set by the medical community
You can receive expedited care after an injury
You will have the opportunity to return to work sooner by receiving appropriate treatment faster
You may have a better medical outcome
MTGs, on the back end, also help reduce disputes between healthcare providers and payers over the kinds of treatments being given. MTGs also can reduce the costs paid by the workers’ compensation system and increase the speed at which medical providers are paid.
MTGs provide guidance for standard of care
Medical Treatment Guidelines are supposed to be followed, but there are times when they may not apply. For example, in an emergency, the MTGs may not be followed because care is needed urgently. If that care is notincluded in the MTGs, then it should be assumed that whatever care is provided is appropriate at that time.
As a patient, knowing that medical providers are supposed to follow these specific guidelines can help you determine whether you are receiving appropriate care for your injuries or illness. While your care may deviate from the MTGs depending on your needs, MTGs are meant to ensure that all injured workers have their injuries or illnesses approached from the same angle and are treated appropriately.
Do you have questions regarding MTGs? Contact a skilled workers’ comp attorney.]]>On Behalf of Sawers & Sackel PLLChttps://www.sawersandsackel.com/?p=487162022-06-30T20:54:24Z2022-06-30T20:54:24ZA doctor will evaluate you
You will need medical documentation to support your claim of lasting impairment. The physician overseeing your care plays an important role in your benefits claim, especially if you need permanent benefits. The doctor will determine what treatment is necessary and when you can potentially go back to work. The doctor's input also determines whether or not you are eligible for long-term disability benefits.
If the doctor overseeing your care thinks you will have lasting functional limitations or impairment from your injury and that you are unlikely to improve with additional treatment, the doctor will file the appropriate paperwork.
Even if you can return to work, you may need help
Total, permanent disability is far from the only reason you might need long-term disability benefits. You may be able to go back to work but not to the same job, which might reduce how much you can earn. Permanent partial disability benefits can be invaluable to those who must cope with permanently reduced earning potential because of a job injury.
The worker receiving care must cooperate with the medical care provider's recommendations. The worker also must truthfully communicate with the doctor about the extent of ongoing symptoms.
Learning more about the benefits available through workers' compensation in New York can help workers cope with the consequences of a work injury. For answers to your workers’ compensation questions, contact a skilled workers’ comp attorney.]]>On Behalf of Sawers & Sackel PLLChttps://www.sawersandsackel.com/?p=486542022-06-14T21:21:03Z2022-06-21T11:00:15ZViolence on the job is a known safety issue
Workplace violence can occur anywhere. Even the calmest environment can become volatile during extreme conflict between co-workers or an attempted robbery by a customer.
According to the Occupational Safety and Health Administration, the riskiest jobs for workplace violence include:
Customer service
Handling money in a public-facing role, like teller or cashier
Public service work
Delivery work
Hospital work
Those hurt and traumatized by violence in the workplace may qualify for workers' compensation benefits. They can receive medical coverage for their treatments and their lost wages if they need time off to recover. Surviving family members of someone killed by workplace violence may qualify for death benefits, which could include the coverage of medical care costs, some funeral expenses and lost wages.
Are employers liable for workplace violence?
The no-fault rules that govern workers' compensation insurance generally mean that injured workers and the family members of deceased workers cannot take matters to civil court. They can claim benefits, but they typically cannot sue.
However, if there is reason to believe that there was gross negligence or criminal activity on the part of the employer that directly played a role in a tragic workplace incident, then the company may have liability. There may be third parties with liability as well.
To understand the benefits available through workers’ compensation, contact an attorney who is experienced in workers’ comp law.]]>On Behalf of Sawers & Sackel PLLChttps://www.sawersandsackel.com/?p=486442022-06-17T12:51:35Z2022-06-17T12:51:35Zhurt on the job, you have a right to seek compensation for an injury that happens at work. Whether you were at fault or not, you may be able to get compensation to cover your medical care, a portion of your lost wages and other financial losses that are a result of the accident.
Two years to file a claim; 30 days to report an injury
The maximum amount of time you can wait to make a workers’ compensation claim is two years from the time when you should have known about your workplace injury.
For people who suffer sudden or acute injuries in the workplace, this statute of limitations generally doesn’t matter much, because they know that they have an injury and alert their employer right away. However, for those with repetitive-stress injuries or illnesses that develop over time, it is important to talk to your employer about opening a claim even if you’re not 100% sure about your illness or injury yet.
Generally speaking, when an accident occurs and you are injured, you have 30 days to let your employer know. This could still fall within the two-year statute of limitations because you may not be immediately aware of an injury. Once you do know about it, do not delay in bringing it to your employer’s attention.
How long will you have to wait for workers’ compensation benefits?
Once you make your claim, there is a waiting period after your injury before benefits will be paid. Additionally, you could see retroactive payments.
Workers’ compensation claims have several different timelines and limitations that you need to be familiar with. If in doubt, it is a good idea to report your injury and start your claim immediately while taking time to look into your legal options. If you have questions, contact an attorney who is experienced in workers’ comp law.]]>On Behalf of Sawers & Sackel PLLChttps://www.sawersandsackel.com/?p=485952022-06-17T12:57:50Z2022-06-16T12:00:13ZWorkers’ compensation claims
Workers’ compensation claims are made by employees. At hiring, employees often receive information about workers’ compensation and how to file a claim if they get hurt on the job. Unlike freelancers or independent contractors, those working as employees usually have a right to workers’ compensation by law.
Most employers are required to have workers’ compensation insurance coverage for their employees.
Personal injury claims
Workplace personal injury claims typically are used by non-employees who are injured at work. They may be independent contractors or freelancers working for a company, for example, but are not considered employees.
When people are not employees, they do not have the option of pursuing workers’ compensation. Similarly, if an employer does not carry workers’ compensation insurance when they should, employees may have to pursue a personal injury claim.
Employees may also have to make personal injury claims rather than workers’ compensation claims if they are hurt at work but not performing work-related duties at the time of the injury.
Another personal injury scenario is when a worker is injured on the job not by the employer but by a "third party." For example, an employee is driving a company vehicle for work and is struck by a negligent driver.
Fault also plays a role in these claims. Personal injury claims require you to prove fault, but workers’ compensation claims do not.
Get more information
The differences between these two kinds of claims are significant, which is why it is necessary to know your rights and to make the right kind of claim after an injury. To understand the benefits available through workers’ compensation, contact an attorney who is experienced in workers’ comp law.]]>