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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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