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Arbitration Agreements in Workers’ Compensation Disputes

Thursday, April 14, 2016

Last time, we briefly mentioned a New York Supreme Court Case in which it was ruled that several employers were bound by compulsory arbitration agreements they had signed, which were in turn governed by the Federal Arbitration Act. As we noted, arbitration is sometimes used in the workers’ compensation process here in New York to resolve disputes. Arbitration is used by health care providers to dispute a workers’ compensation insurance carrier’s failure to cover services provided to injured workers with open Workers’ Compensation cases. Arbitration is specifically used when the insurance carrier has provided a timely response to submitted bills, […]

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Why do you need a workers’ compensation lawyer?

Tuesday, April 12, 2016

Many people think they can get workers’ compensation benefits on their own. This is rarely the case, however. Workers’ compensation claims are often denied or undervalued. Individuals typically do not have the resources to fight their employer and its insurance carrier. By working with an attorney, you will have an experienced advocate protecting your rights. You will likely increase your chances of getting the workers’ comp benefits you need to recover from your injury. How an attorney can help A workers’ compensation lawyer can provide: Legal knowledge: Workers’ compensation attorneys are thoroughly familiar with the state’s workers’ comp laws. Unless you work […]

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9/11 Firefighter Widow Wins $3 Million WTC Pension after Nine Year Court Fight

Tuesday, April 5, 2016

The 9/11 WTC presumption is not only important in the Fernandez firefighter pension case, but it is equally important in 9/11 WTC cancer cases. After all, how is a disabled 9/11 hero supposed to prove that 9/11 related cancers such as leukemia, lymphoma, kidney cancer, lung cancer, mesothelioma, prostate cancer, melanoma cancer of the skin, colon cancer or bladder cancer?

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Arbitration Agreements in Workers’ Compensation Disputes Part 1

Monday, April 4, 2016

Contractually mandated arbitration is a commonplace in the business world, including the insurance industry. Insurance companies in many areas of the industry, including workers’ compensation insurance, are increasingly making use of compulsory arbitration agreements to help ensure a more efficient resolution of disputes than would be possible through the adversarial process. Given its efficiency in resolving disputes, arbitration is good for businesses because it allows them to cut costs defending against liabilities. In most cases, as well, business control the terms of arbitration since they have more bargaining power when negotiating these agreements. For those, however, on the other end […]

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More on schedule loss of use awards

Monday, March 28, 2016

In our last post, we began looking at schedule loss of use awards, which are available to injured workers who have lost full functioning of one or more body parts in a workplace accident. The way a schedule loss of award of use award works is that state law dictates how many “benefit weeks” the injured worker will receive. The number is based on the specific body part at issue and the extent of the loss of use. For body parts which are permanently injured, including by amputation, there is a maximum amount of benefit weeks available. Getting a schedule loss […]

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Obtaining additional workers’ compensation for damaged/amputated body parts

Monday, March 21, 2016

Workplace injuries can range in gravity from mild to fatal, and include everything in between. It is important, of course, for injured workers to report all injuries promptly to their employer so that they are able to receive the workers’ compensation benefits to which they are entitled. This is particularly important in cases where a worker has been permanently injured. Permanent injuries, including amputations, obviously have an enormous impact on a worker. They can impact a workers’ ability to continue in the same employment, his or her income, housing, marriage, family situation, mental health and many other aspects of life. […]

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Consult experienced attorney in cases of intentional harm on the job

Wednesday, March 16, 2016

In our last post, we spoke briefly about the exclusive nature of workers’ compensation benefits unless certain exceptions apply. One important exception, we noted, is when an employer commits an intentional tort against an employee. This includes offenses such as battery, assault, intentional infliction of emotional distress, and so on. One of the important points that needs to be communicated here is that workers who are injured on the job by what they believe to have been the intentional actions of the employer should consult an experienced attorney to have their case examined. The risk in not doing so is that […]

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3 defenses to asbestos claims to be prepared for

Thursday, March 10, 2016

Asbestos is a fiber that was widely used for decades in many different types of materials from car and train braking systems to building insulation and flooring tiles. It was primarily used because it was inexpensive and is fireproof. However, if these fibers are breathed in by anyone, they can cause irreparable damage to a person’s lungs and other organs.  Every year, thousands of people are diagnosed with asbestos-related illnesses. And in many cases, these victims suffered the exposure to asbestos on the job. If you or a loved one is dealing with this situation, you should know that you may […]

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Amputations can end your career – get the compensation you need

Wednesday, March 9, 2016

All injuries have the potential to affect your ability to work. However, the Occupational Safety and Health Administration (OSHA) names amputations as one of the worst types of injuries a worker can suffer. An amputation causes permanent disability that may directly impact a worker’s ability to perform his or her job functions. This is especially true for workers whose jobs involve dangerous physical labor such as construction workers. The amputation of any part of the body, even a finger, may mean that the worker can no longer safely do his or her job. Will you receive enough benefits? While you will […]

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Is workers’ compensation the sole remedy available to an injured worker?

Monday, March 7, 2016

The workers’ compensation system is an important financial resource available to workers, and those who have been injured on the job should always apply to ensure they receive why they are entitled to under workers’ compensation law. This is especially the case because, in most cases, workers’ compensation benefits are the sole remedy available to workers injured on the job. The rationale behind the sole or exclusive remedy rule is that workers benefit from the workers’ compensation system in that they are assured of compensation for work-related injuries and illnesses without the costs, hassle and uncertainty of the court system. […]

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