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Category: Workers Compensation

Understanding the Workers’ Compensation Forms

Monday, April 8, 2019

There are over 30 different forms used in the New York State Workers’ Compensation system. Some are fairly simple and straightforward while others are quite complicated and require the expertise of an attorney or claims professional. Here is a short list of forms which every injured worker should be familiar with. All of these forms are available on the New York State Workers’ Compensation Board website: www.wcb.ny.gov/forms.  Form C-3 This is the form which every injured worker should complete and submit to the New York State Workers’ Compensation Board immediately after his or her injury, even though the law says […]

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Loss of Wage Earning Capacity

Friday, March 29, 2019

Loss of wage earning capacity, or LWEC, is a determination made by the Workers’ Compensation Board in cases where a worker has a permanent partial injury as a result of his or her work-related injury. It is meant to show how the permanent injury affects the injured worker’s ability to earn a living. It applies to certain types of permanent injuries, typically those involving the spine, head, pulmonary and cardiac systems. It can also be applied in cases of psychiatric disability as well as certain types of extremity injuries (hands, feet, arms and legs), usually those involving complex nerve damage. […]

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Workers’ Compensation Insurance: Schedule Loss of Use Award

Monday, December 17, 2018

As an American worker, it is understood that an employer provides the necessary means to keep an employee safe while preforming their daily duties on the job. To protect an employee during unforeseen circumstances, employers are required to carry Workers’ Compensation insurance for all their employees. This type of insurance is paid for solely by the employer and is paid out to the employee in the event of an injury or sickness in relation to the employees’ occupation. When the employee is injured or becomes sick as a result of the occupation, it is imperative for the employee to first […]

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Lower back injuries: Can you rely on your employer’s backing?

Saturday, March 11, 2017

Along with all the billions of dollars that back injury claims cost industries in New York and Long Island, they also cause employees pain and suffering that might be part of the rest of their lives. Authorities say the prevention of these injuries is a major safety challenge in different industries. Reportedly, a significant percentage of harm to workers’ backs result from lifting, as material handling positions require employees to lift, place, carry, hold and lower heavy items as part of their daily jobs. While nobody has been able to find a method to fully eliminate this problem, safety authorities […]

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The many hazards of working in an auto body repair shop

Thursday, December 15, 2016

Hundreds of thousands of employees in the glass and auto body repair industry face multiple hazards every day. If you work in this industry, your employer must ensure that you receive safety training to prepare you for the dangers you will face on the job, and the precautions that you can take to avoid harm. The hazards typical to this industry include toxic chemicals, dangerous equipment that could cause amputation injuries and more. You could potentially be exposed to any of the following: Repetitive Motion Disorders: These injuries result from constant stress on one part of the body. For example, workers who […]

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Finding a doctor after a work injury can be challenging

Friday, June 17, 2016

Under New York workers’ compensation law, injured workers are supposed to be able to choose their doctor if the doctor has the right Workers’ Compensation Board (WCB) credentials and takes workers’ comp insurance. This is not always as straightforward as it sounds, however. Recently, an NBC New York I-Team investigation found that many doctors have stopped accepting workers’ comp insurance. To make the problem worse, the state has not been keeping accurate records on which doctors participate in the program. This puts extra burden on injured workers to find a doctor who will care for them after a work injury. The investigation […]

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An injury occurred while I was driving for work. Now what?

Tuesday, May 10, 2016

If you are a professional driver who suffers an injury on the job, you may have two sources of compensation: workers’ compensation benefits and a third-party injury claim. It is important to understand your rights so you can recover the maximum amount the law allows. How are workers’ comp and third-party claims different? Workers’ compensation is an injured employee’s sole remedy for claims against their employer. This typically means that workers cannot directly sue their employers for the injury. In New York, workers’ comp is a no-fault system, meaning that whether the employer or worker or both were responsible for […]

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Federal workplace protections apply to all workers, even undocumented ones, P.2

Friday, May 6, 2016

In our last post, we began looking at the problem of workplace injury and death as it impacts undocumented workers. As we noted, undocumented workers are particularly at risk for workplace injury because companies that benefit from their labor often assume they can hang over their heads the threat of deportation. The reality is that employers are bound by workplace safety rules regardless of the citizenship status of their workers. Not only that, but employers are actually bound, under New York law, to provide undocumented workers benefits under the state’s workers’ compensation law. Undocumented workers are entitled to all the same […]

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Employee or independent contractor? It matters under workers compensation law, P.2

Monday, April 25, 2016

Last time, we began speaking about the issue of worker classification—and misclassification—and the impact this can have on entitlement to workers’ compensation benefits. As we noted, businesses are not required to provide workers’ compensation benefits to independent contractors, and a worker who is misclassified as an independent contractors needs to defend his or her rights when this happens. Challenging employer misclassification before the Workers’ Compensation Board is an important opportunity for a wrongly classified employer to establish entitlement to benefits. The administrative law judges who hear these cases take into account a variety of factors to determine whether the classification […]

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Employee or independent contractor? It matters under workers compensation law, P.1

Friday, April 22, 2016

One issue that can come up from time to time in workers’ compensation disputes is employee classification. Companies, especially larger ones, have all kinds of people working for them in different capacities and under different contracts. One basic distinction among workers is employees versus independent contractors. Employees, of course, are permanent workers under the management and control of a company, while independent contractors typically have more independence and work on a short-term or project basis under a contract. Employers are required to provide workers’ compensation benefits to their employees, but not to independent contractors and subcontractors. It is an important question, then, […]

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