Queens Workers' Compensation Law Blog | Turley Redmond Rosasco & Rosasco, L.L.P.

NY Cracks Down on Workers’ Compensation Fraud Committed by Employers

Monday, January 8, 2018

New York was recently proclaimed by Pacific Standard magazine to be a national leader in the fight to curb the illegal practice of “worker misclassification.” Misclassification occurs when an employer deliberately misclassifies workers as independent contractors instead of employees. Misclassification may harm injured workers by misleading them into believing that they are not entitled to workers’ compensation benefits. Moreover, misclassification of workers as independent contractors operates to keep an employer’s workers’ comp premiums at artificially low levels. This gives dishonest companies a financial advantage over companies that play by the rules. One study suggests that in some states misclassification rates on publicly […]

Workers’ Compensation and “Income Inequality”

Monday, January 8, 2018

On behalf of Troy Rosasco According to a recent Occupational Safety & Health Administration (OSHA) report, it is the workers, their families and taxpayers – not workers’ compensation insurance providers – that bear most of the costs of worksite injuries and deaths. The Problem of Workplace Injuries The Bureau of Labor Statistics (BLS) reports that roughly 4,500 workplace fatalities and three million ” serious occupational injuries” are reported each year. Serious occupational injuries are those requiring treatment beyond first aid and include injuries such as wounds, back injuries and those requiring amputation. It is likely that many more worksite accidents are not […]

Who is Eligible for Workers’ Compensation in New York?

Monday, January 8, 2018

Workers’ compensation helps New York employees who have been injured on the job, but not everyone is eligible for this form of assistance. People who are employed in New York or even other parts of New York State may automatically assume that they will receive workers’ compensation if they suffer a work-related illness or injury. This is not necessarily always the case. The workers’ compensation program does cover a great many people in the state but not all employed persons. People Covered by the Federal Program For starters, there are some groups of people who may be eligible to receive […]

All Means All: The Duty to Submit “All Evidence” in Social Security Disability Claims

Monday, January 8, 2018

(Reprinted with permission by the Nassau County Bar Association.) Following increased media and political scrutiny, the Social Security Disability claims process came under fire in 2015. As 2016 begins, the fire is still burning and many are left wondering how to control the flames. The predominantly negative attention the Social Security Disability claims process received resulted from reports of fraud by benefit recipients and alleged misconduct by attorneys representing disabled claimants, including one such attorney from Nassau County. 1 Despite the isolated misconduct, the Social Security Administration took widespread action across the country to combat what they perceived to be a greater […]

New York Fails to Update List of Doctors Who Accept Workers’ Compensation

Monday, January 8, 2018

The New York Workers’ Compensation Board has failed to maintain an accurate list of providers, causing problems for injured workers. Following a workplace injury in New York, employees are encouraged to seek medical care. According to the New York Workers’ Compensation Board, anyone who is injured is permitted to choose any physician that the board has on its approved list. The exception is if the company’s insurance carrier has a provider it prefers, in which case the worker must go there. However, a recent report from NBC New York notes that the board has failed to keep its list of […]

Returning to Work After Suffering Traumatic Brain Damage

Monday, January 8, 2018

Traumatic brain injuries have symptoms that can make it difficult for people to return to work. Traumatic brain damage is one of the most common, and one of the most debilitating workplace injuries in New York. Studies show that even mild traumatic brain injuries can cause long-term damage that could make it difficult for people to return to work and engage in the activities that they once enjoyed. Not only does this present a problem for workers who are no longer able to perform the same job that they did prior to the injury, but it also impacts the employer who must […]

Don’t be a victim of landscaping accidents

Saturday, July 15, 2017

Summertime is in full swing. Landscapers from different sized private companies to municipal and government agencies are hard at work all over New York. As with all other industries, landscaping poses various workplace dangers that range from hazardous equipment, repetitive hard work, toxic chemicals, heat exposure and more. If you are an employee in this profession, your employer can take precautions to protect you from known hazards. First, you must receive the necessary safety training to enable you to recognize dangerous conditions and know how to avoid injury. Furthermore, your employer must provide appropriate personal protective equipment as stipulated by […]

Wood chipper incident causes partial amputation of worker’s leg

Thursday, July 13, 2017

Employees in the landscaping industry nationwide, including in New York, do not always take appropriate care when they work with equipment such as wood chippers. According to the Occupational Safety and Health Administration, 39 workers suffered fatal workplace injuries while working with wood chippers over the most recent 10 years for which data is available. Most of these deaths resulted from people getting body parts caught in wood chippers. The safety agency reported that it impounded a wood chipper for inspection after a recent incident in West Babylon. A report indicates that the leg of a 72-year-old man became trapped in a […]

Construction workers’ accidents: Crane drops load onto 3 workers

Friday, June 30, 2017

A spokesperson for the New York Fire Department says it was the commitment and training of firefighters that made a recent rescue operation successful. FDNY is frequently called when employee lives are on the line in construction workers’ accidents. This was also the case on a recent Tuesday afternoon when three members of a construction crew became trapped under thousands of pounds of rubble on a building site. The incident occurred at the site of a residential renovation in the northwestern corner of the New York borough of Queens. Authorities say a crane dropped a massive load of construction material on […]

Construction workers’ accidents: 3 injured in building collapse

Tuesday, June 27, 2017

Those who work in construction in New York are likely aware of the potential dangers they face while they complete their job responsibilities. While added safety precautions can prevent some construction workers’ accidents, they can still occur. Unfortunately, three workers were recently injured when part of the building they were working on collapsed. The incident happened one afternoon on a day in June. The construction project reportedly involved adding a third-story to a two-story structure. Unfortunately, the upper portion of the structure is said to have collapsed, trapping three construction workers. One of the workers, a 37-year-old man, was reportedly able […]

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NY Cracks Down on Workers’ Compensation Fraud Committed by Employers

Workers’ Compensation and “Income Inequality”

Who is Eligible for Workers’ Compensation in New York?

All Means All: The Duty to Submit “All Evidence” in Social Security Disability Claims

New York Fails to Update List of Doctors Who Accept Workers’ Compensation

Returning to Work After Suffering Traumatic Brain Damage

Don’t be a victim of landscaping accidents

Wood chipper incident causes partial amputation of worker’s leg

Construction workers’ accidents: Crane drops load onto 3 workers

Construction workers’ accidents: 3 injured in building collapse

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