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Blog Posts - Workers' compensation
How a medical examination can help to secure workers’ comp benefits
In the aftermath of a workplace accident, employees ought to get a medical examination to determine the acuteness of their injuries. Aside from helping to determine a suitable treatment plan, a medical exam also plays a crucial role in the workers’ compensation process. By demonstrating the long-term effects of the...
How long do workers’ compensation benefits last?
Many workers in New York have jobs that expose them to hazards. Construction professionals have to do their job at a significant elevation and must also handle dangerous tools. Commercial drivers spend most of their days in traffic and are at constant risk of a collision. Workers in retail environments...
What happens if someone hurts an extremity while on the job?
An individual’s extremities often play a major role in their ability to perform certain work. The upper extremities or arms, hands and wrists play a key role in everything from manufacturing and medical care to office work. The lower extremities allow people to balance and move efficiently. A major injury...
How can you support your family after an injury on the job?
Some people who work in dangerous professions have employer-sponsored benefits, like disability insurance, that protect them from financial devastation should they get hurt at work. Other people, including those with high incomes and living standards, might purchase their own private disability coverage as a means of protecting themselves from hardships...
Is making a workers’ comp claim worth the effort?
When you have been injured on the job, it is important to consider making a workers’ compensation claim. Many people do not realize workers’ comp exists and that they are entitled to it. Notification is the first step in the workers’ comp process. After a work-related injury, it is important...
Can you lose workers’ compensation benefits due to fault?
Most employers in New York are required to carry workers’ compensation insurance. The state expects companies to insure their employees in case they get hurt on the job or are diagnosed with an occupational illness. Workers’ comp coverage protects the company from financial liability by providing direct support to workers...
Who picks your doctor in a New York workers’ compensation case?
You have brushed off a lot of bumps and bruises over the years, but you are smart enough to know when you are injured and need medical care. Who decides what happens next? Do you have control over what doctor you see, or does your employer get to make that...
Understanding Medical Treatment Guidelines and workers’ comp
Any time you file a workers’ compensation claim, one of the things that you will hear about is the Medical Treatment Guidelines that apply to all work-related injuries and illnesses in the State of New York. The MTGs are based on the current experiences of medical professionals and the medical...
How do you prove permanent impairment in a workers’ comp case?
Workers’ compensation in New York theoretically covers most employees. From the minimum wage hourly workers at a fast-food restaurant to career staff members at a hospital, most workers are covered. Many workers’ comp claims involve medical coverage and possibly short-term indemnity benefits to cover unpaid wages while a worker recuperates....
How does workplace violence affect workers’ comp eligibility?
When you think of workplace injuries, you might think of a construction worker who falls off scaffolding. The injuries that workers suffer on the job are often accidental or the result of long-term damage to their bodies caused by performing repetitive job tasks. However, there are other kinds of injuries...
What are the time limits on a workers’ compensation claim?
When you are injured at work, your priority should be getting the health care and medical support that you need. Also, you need to let your employer know as soon as possible that you got hurt. Notification will protect your right to make a workers’ compensation claim. If you are...
The difference between workers’ comp and personal injury cases
If you are hurt while on the job, you can make a claim for compensation. If you are an employee, you may be able to seek workers’ compensation. If you are not an employee, then you may need to file a personal injury claim instead. There are differences between these...
How can your employer help you stay on the job after an injury?
Workplace injuries are not a temporary inconvenience. Often, they cause medical consequences that last for months or years. A broken bone, repetitive motion injury or laceration could leave you unable to perform your job responsibilities until you fully heal. Time away from work can be a difficult adjustment for employees....
Know the statistics for New York workplace injuries
If you have suffered a workplace injury, you are not alone. In 2020, the employer-reported workplace injuries in New York showed an incidence rate of approximately 2.2 cases per 100 full-time workers. The national rate is 2.7 workers per 100. Looking at the total number of injuries can be helpful...
How will you pay the bills after getting hurt at work?
Whether you develop a repetitive motion injury at work or suffer a severe, traumatic injury due to a workplace accident, you may need time off to heal. A leave of absence can quickly lead to financial problems for the average New York wage earner. With a high cost of living...
Why it’s dangerous to trust the workers’ comp insurance company
Workers’ compensation insurance exists to protect workers from financial hardship after an on-the-job injury. With the workers’ comp system, you should not have to worry about long-term medical expenses or lost income. Workers’ compensation benefits in New York should cover the cost of your medical treatment and help replace a...
6 common workplace safety violations
Your job can become much more difficult when your employer is not vigilant about keeping your workplace safe. Employers have workplace safety obligations. If your employer ignores those obligations, you could end up suffering serious injuries. If that happens, you may need medical attention for your injuries and workers’ compensation...
Is filing a workersʼ compensation claim worth the hassle?
Many workers who get hurt on the job in New York do not immediately notify their employer or file for workers’ compensation insurance benefits. Some people worry that filing a claim could affect their employment status. Others just feel that the claims process is a hassle they do not need...
How will I pay my bills if I am out of work?
Sustaining an injury while on the job can be frustrating and stressful. You may be worried about how you will manage your finances while you are recuperating. The good news is workers’ compensation in New York entitles workers to a portion of their wages while they are out of work....
Will you automatically receive workers’ comp after a work injury?
In cases where a serious injury occurs due to a work-related accident, it is common for employees to wonder if they will receive workers’ compensation. In many cases, the answer to that question is “yes.” However, there are exceptions. Why might you not receive workers’ comp? If you have suffered...
Why should you immediately report a work-related back injury?
Carrying out your work-related duties can take a daily toll on your body. On most days, you may head home and sit heavily in your favorite chair as you feel your muscles unwind from a hard day’s labor. While many of your aches and pains may be typical for the...
After an injury, what is the workers’ compensation process?
Getting hurt on the job is likely a nightmare scenario for you. Over the years, you may have seen other workers suffer injuries, and you hope you will never find yourself in that situation. Unfortunately, even after doing your best to be a safe worker, unforeseen circumstances can leave you...
Why is proving at-home work injuries a challenge?
You and many other New York workers may have found yourselves at home and on your computer more over the last year than ever before. On the other hand, maybe you are an employee with years of telecommuting experience. Whichever the case, you know that working from home does not...
As airport traffic picks up, baggage handlers face job hazards
Airline passengers are gradually returning to Buffalo Niagara International Airport. Numbers have increased but will not hit pre-pandemic peaks until Canadian travelers begin using the airport again and COVID-19 is well behind us. The slow return to normal activity also means the return of airport workers. This includes flight crews...
Is a denied workers’ comp claim the end of the road?
Suffering an injury at work was not on your agenda. Unfortunately, circumstances beyond your control in the workplace might have resulted in your suffering harm. While the setback was undoubtedly disheartening, you anticipated your employer’s workers’ compensation insurance to cover your medical bills and lost wages. Rather than obtain the...
Did one of these common warehouse accidents cause you injury?
Warehouse workers can go years without suffering an on-the-job injury. After sustaining an injury, however, you may be wondering how you will move forward. What your financial situation will look like? How will the setback affect your daily life? Did one of these events cause your injuries? Some of the...
Common injury risks for health care workers
You may have decided to become a nurse because you wanted to help people. You were interested in health care and you wanted to feel you were making a difference in people’s lives. You have found the job rewarding, but you did not understand the injury risks you would face....
How to prevent lifting injuries
During their careers, nearly 3 percent of all workers will suffer a workplace injury. Some of the worst injuries come as a result of lifting. Lifting injuries can permanently inhibit your ability to lift or carry objects that weigh even less than 20 pounds. When lifting injuries can be so...
The benefits of retaining a workers’ compensation attorney
Consider this scenario. Joe was injured at work, but he continued, and he worked in pain. Joe’s supervisor pushed Joe to maintain his pace, but his back injury slowed him down. Painkillers did not help, and his back problem continued. It became difficult for Joe to walk, bend and sit....
Can I sue after a workplace injury?
After suffering a serious injury in a workplace accident, can you file a lawsuit against your employer? In most cases, the answer is “no.” But that’s not the end of the story. New York requires most employers to carry workers’ compensation insurance. This means that any benefits you recover from...
Why a medical exam is so important after a workplace injury
After a workplace injury, there are two things you must do promptly: notify your employer and seek medical attention. In some cases, notifying your employer is the first step. In other cases, immediate medical care is the top priority. In this post, we will look at why the medical exam...
Can I trust the insurance company after a work accident?
After suffering an on-the-job injury, workers often do not know what to do. To make matters worse, it can be difficult to get accurate information regarding workers’ comp insurance. You might hear one thing from your employer and something else from a co-worker, both of which can be different than...
Work injury: Should you seek a lawsuit or a workers’ comp claim?
If you are injured in accident while driving to the grocery store, you might pursue a personal injury lawsuit to seek financial compensation from the party who caused the crash. If you are injured at work, you might file a workers’ compensation claim. Personal injury lawsuits and workers’ comp claims...
Ergonomic correctness helps prevent injury, but it is no guarantee
Many regulators and employers take the view that the least expensive workplace injury is the one that never occurs. Of course, even where dedication to enforcing safety standards is high, accidents occur. Resulting injuries can run the gamut from fatal to less serious musculoskeletal disorders (MSDs), such as sprains, strains,...
How much does a workers’ compensation attorney cost?
When you are out of work because of a workplace injury or accident, finances are probably at the top of your list of worries. Some injuries can make you unable to return to work for years, and the effects can last for a lifetime. You may not ever be able...
Common mistakes people make after suffering a workplace injury
A severe injury can dramatically change your life. Whether it’s temporary or permanent, injuries can cause terrible stress, trauma and challenges that you never expected. If you sustain an injury in the workplace, you may be entitled to workers’ compensation, which can cover medical expenses and a percentage of lost...
Can you file a workers’ compensation claim if injured while working from home?
With precautions related to COVID-19, more people than ever are working from home. This can raise questions about workers’ compensation. What happens if you are injured while working from home? What kind of injuries can a person suffer while working from home? Will workers’ compensation benefits still be available? Would...
3 mistakes that people make after a workplace injury
After a workplace injury, many New York employees depend on workers’ compensation to make sure their bills get paid. However, making a mistake could cost you the benefits you deserve or even your future employment. What mistakes should you avoid? 1. Failing to meet reporting deadlines Workers in New York...
Should I report any type of workplace injury?
Accidents happen in all types of jobs. A minor scrape or cut may not seem like a big deal. A “twinge” in your back after lifting an item may not be bothersome at the time. However, it is important to inform your employer whenever you have suffered a workplace injury,...
How long can I receive workers’ compensation benefits?
After you have been injured on the job and applied for workers’ compensation, you probably have a variety of concerns. Can I rely on workers’ comp benefits to support me? Will I receive enough to cover my medical bills? What will my life look like next week, next month or...
Workers’ compensation benefits for construction workers
Construction work is dangerous. A job site can have many hazards, which can lead to serious injuries. If you are injured while working on a construction site, however, you might qualify for New York workers’ compensation benefits. Available benefits often cover more than a portion of your lost wages and...
Timing is everything when filing a workers’ compensation claim
Tedious workplace tasks can lull you into a false sense of security in a fast-paced environment where hazards loom around every turning forklift, churning machine press and oily floor. Safety protocols and standards have improved over the years, but they are not foolproof. Workplaces remain inherently dangerous. Private industry employers...
U.S. workplace deaths rose in 2019
The U.S. Bureau of Labor Statistics (BLS) reports a slight increase in the number of workplace deaths last year as 5,250 fatalities were reported. The rate of fatal injuries on the job remained unchanged from 2017 at 3.5 workers per 100,000. The lack of improvement in workplace safety led the...
Does workers’ compensation cover exposure to COVID-19?
During the COVID-19 pandemic, employees who are considered “essential personnel” have stayed on the job. Some have gotten sick, and questions are being asked about workers’ compensation coverage. For example: if you are working as a nurse or doctor on the front lines of the pandemic, will you receive workers’...
Most common types of construction accidents
Construction work has earned a reputation for being dangerous. Construction workers face many variables, from the nature of the tasks, to the environment in which the tasks are performed. The breadth of activities is such that injury risk is high and certain accidents are common. Despite vigilance from occupational safety...
Causes and penalties for workers’ comp delays
Filing for workers’ compensation benefits is a paperwork-laden process for all the parties involved, whether an employer, insurance company, or employee. To prevent delays of any kind, either by accident or design, the law contains provisions under which the Workers’ Compensation Board can impose penalties. Infractions and their potential penalties...
How snow and ice create workplace safety threats
Our region of the state has a well-earned reputation for snowfall. In fact, if current trends for this winter continue, Buffalo will lead the nation again in snowfall. We’re currently in first place with more than 111 inches. Snow presents significant challenges. Streets and sidewalks need clearing. Roofs, apartment balconies...
Does workers’ compensation cover pre-existing conditions?
The phrase “Claim denied due to pre-existing condition” is one of the scariest in the world of health insurance. In workers’ compensation, pre-existing conditions can present unique legal problems. While the law says an employee injured on the job has a right to receive medical care and have it paid...
How to choose the right doctor for your workers’ comp claim
A worker injured on the job in New York is, in most cases, entitled to receive the care necessary to achieve maximum recovery. If you select the wrong doctor, however, your recovery could be negatively affected. A directory for approved doctors Those eligible for coverage under workers’ compensation have the...
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...
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 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...
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...
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...