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Category: Construction Accidents

Adding Insult to Injury – The Demolition of Workers’ Comp

Friday, March 6, 2015

The “Demolition of Workers’ Comp” and accompanying info on the NPR website is well-researched and traces the origins of workers’ compensation law and the “grand bargain” between workers and employers: injured workers gave up their right to sue negligent employers in return for prompt lost wage and medical benefits. Employer and business interests are now trying to renege on that century old bargain by gutting state workers’ compensation laws.

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Scaffold Law: The Argument Between Workers and Contractors Continue

Wednesday, April 23, 2014

The long debate over whether or not the Scaffold Law should be reformed or repealed continues. In short, contractors, property owners and insurers want it repealed because they feel it is antiquated and biased against them. Labor advocates want it to remain and continue to protect the safety of New York construction workers. The Scaffold Law was enacted in New York back in 1885 to hold employers accountable in upholding safety measures for workers that were laboring at dangerous heights during the skyscraper boom. Over the years, there has been some lobbying in an attempt to repeal the law, but in […]

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New Study Finds Low Back Pain Leading Cause of Disability

Thursday, April 17, 2014

A new study published in the Annals of the Rheumatic Diseases journal reported that low back pain is a leading cause of disability not only in the United States, but worldwide. 1 out of every 10 people suffer from some type of low back pain. Out of 21 regions studied, the top regions for disability were Western Europe, North Africa and the Middle East. The lowest numbers in disability from low back pain were in the areas of the Caribbean and Latin America. The study was conducted over a 6 year span and used data about back pain from other studies […]

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Workers’ Compensation Cash Benefits – What are the different types?

Tuesday, December 10, 2013

If you have been injured on the job, you may be entitled to Workers’ Compensation cash benefits.  Under the statute to injured workers, there are 3 types of workers’ compensation cash benefits that may be relevant to your particular work related injury.     The following is a simple explanation of each workers’ compensation cash benefit that you may be eligible for: Cash Benefit for Lost Wages: If you are partially or totally disabled for more than 14 days, then you are entitled to workers’ compensation cash benefits for your lost wages.  You will receive an amount based on your […]

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What is the NY Workers’ Comp Claims Process?

Friday, October 18, 2013

Most people don’t go into work and say “I think I will get injured today. Yeah that’s what I’ll do! At two thirty, I’ll be the victim of a horrible accident and spend months or even years undergoing a grueling and expensive recovery process“.   As such, many people are not prepared when serious work accidents do strike.  Recovery may take a very long time and result in a lot of financial stress and anxiety. That being said, it is important to understand the New York Workers’ Compensation claims process ahead of time so you are prepared. To better understand these […]

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What Are New York Workers’ Compensation Benefits?

Thursday, October 17, 2013

In short, New York Workers’ Compensation benefits (sometimes referred to as Workmans’ Compensation or Workers’ Comp) is an employer paid insurance policy that pays cash and/or medical benefits to people who are injured or become sick as a result of circumstances that are directly related to the nature of their job. The employee may not be required to contribute to the cost of premiums. The New York State Workers’ Compensation Board processes claims and may intervene if there is a dispute between an injured worker and an employer/insurance carrier over the amount of cash benefits or medical care the injured […]

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Fraud

Friday, May 10, 2013

We’ve all heard those stereotypes about Worker’s Compensation Claims being a lot of bologna. People think of claimants wearing fake neck braces, getting hurt on purpose, hobbling into their hearing limping on one leg and walking out limping on another. It would be naive to say that this never happens, which is a real shame considering how many people legitimately deserve to receive benefits. In 2003, Lisa Cullen published an article about the extent to which people overestimate the prevalence of fraud in Worker’s Compensation. The full article can be viewed here on pbs.org. Once more, there are many instances […]

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Privacy

Monday, May 6, 2013

The confidentiality of any and all documents pertaining to your case are protected under Worker’s Compensation Law. Only certain parties(including employers, insurance companies and either sides’ lawyers) may access information pertinent to your claim without written consent or a court-order. Your claim may also be viewed by government agencies who are processing claims for benefits or investigating fraud. Health workers may also access certain parts of your claim as a means of determining their payment for any operations or procedures. These parties are prohibited from sharing any information contained in your personal documents. You may authorize another group or individual […]

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Workers Compensation Settlements: Stipulations, Schedule Loss of Use (SLU) Awards and Section 32 Agreements

Wednesday, February 13, 2013

Schedule Loss of Use Awards (SLU’s) are awards given to injured workers who have permanent injures to certain body pats, most often extremity injuries. New York Workers Compensation Schedule Loss of Use (SLU) Awards . It should be noted that an injure claimant can receive a Schedule Loss of Use Award without having to lose any time from work.
The most important aspect of a Section 32 Agreement is that the claimant is allowed to waive any or all past, present or future compensation and medical benefits

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