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Category: Construction Accidents

Workers’ Compensation Senate Roundtable Report

Monday, April 24, 2006

Workers’ Comp Alliance Co-Chairs John Sciortino recently advocated the position of injured workers at a well attended public Roundtable in Albany sponsored by State Senator George Maziarz. Once again, Senator Maziarz proved to be an open minded fact finder seeking common ground solutions to the tough problem of Workers’ Compensation. As stated in a previous Workers’ Compensation Alliance post, the panel consisted of representatives of injured workers and business. Joel Shufro, President of the New York Committee for Occupational Safety & Health (NYCOSH) made an impassioned plea to make safety on the job the number one priority. All panelists agreed […]

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Rosasco Response to Newsday Editorial on Workers’ Comp Reform

Monday, March 27, 2006

To the Editor: I know Newsday is one of Long Island’s major employers (owned by the Times-Tribune conglomerate), but I never thought its own corporate self interest would would infect its positions on the editorial page. On the issue of workers’ compensation, apparently it did (Workers’ Comp Reform, 3/21/06). How soon Newsday forgets. 9/11 was the worst workplace tragedy in the history of the United States. Besides the over 3000 deaths, many Long Islanders suffered devastating permanent partial disabilities and will never return to any gainful occupation. The survivors and their families on Long Island live with this cruel reminder […]

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NY Workers’ Comp Alliance Position Paper 2006

Tuesday, February 28, 2006

NY WORKERS‚Äô COMPENSATION ALLIANCE (WCA) Position On Governor Pataki’s Proposed Changes To The Workers‚Äô Compensation System Budget Bill Article VII A.9561/S.6461 The New York workers‚Äô compensation system is in need of changes to keep pace with the cost of living and to effectively deliver the basic medical benefits promised to injured workers by the State Constitution. In recent years it has become commonplace to accuse the current workers‚Äô compensation system of providing too little in the way of benefits to injured workers while costing employers too much. Both of these criticisms are well founded. Unfortunately the legislation currently proposed by […]

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Workers Compensation Top Ten Tips – Tip # 3

Wednesday, October 12, 2005

Don’t Talk to the Insurance Company and Don’t Sign Authorizations! Within a few days of learning of your work related accident, the insurance company claims adjusters will pounce on you. These people are NOT your friends. They are employed by the workers’ compensation insurance company to save money on your claim. While many claims adjusters may be good human beings trying to “do the right thing”, at the end of the day they are under intense pressure from the insurance carrier to minimize your workers compensation benefits and close your claim as soon as possible. Often times their initial contact […]

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Workers Compensation Top Ten Tips – Tip #1

Monday, September 19, 2005

File a C-3 Form with the New York State Workers Compensation Board I wish I had a dollar for every client who told me: “I already filed my claim”, when in fact, the New York State Workers Compensation Board knows nothing about their injury. Many claimants mistakenly believe that their rights are protected simply by filling out an Accident Report (Form C-2…confusing, huh?) with the employer. Nothing could be further from the truth. Employers frequently bury Accident Reports or simply neglect to forward them to the insurance carrier and the Workers Compensation Board. Either way, it can severely delay your […]

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Murder Charged in Queens Workers Compensation Death Claim

Tuesday, August 23, 2005

A Long Island man was charged with criminally negligent homicide last week for the death of a co-worker on a Queens construction site. Both men were employees of an electrical contractor in Forest Hills. According to the article in Newsday, the employee who died was on the forks of a forklift being driven by the employee now being charged with murder. The dead employee was hit by a piece of concrete in the chest. Police sources indicate that the employees may have been engaged in “horseplay”. This was the second Queens workers compensation death claim in the past week. Several […]

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Naughty Worker Has No Scaffold Claim

Tuesday, March 15, 2005

As recently reported in Matthew Lerner’s excellent New York Civil Law blog, the New York Court of Appeals recently decided that a worker who fails to use safety devices provided to him by his employer cannot prevail in a Labor Law ¬ß240(1) claim (otherwise known as the Scaffold Law). Cahill v. Triboroough Bridge and Tunnel Authority. The “Scaffold Law” allows the injured worker to sue a general contractor or property owner, in addition to collecting workers compensation from the employer. Jury awards in scaffold cases can be very high. Using the term “recalcitrant worker” to describe the employee in this […]

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