Never assume your NY workers’ comp case is hopeless

This one is a good lesson for those injured New York workers who are sure they have an “impossible” case and will never get benefits.

 

This case happened in a different state, but illustrates a good point: even if you think you may not have much of a workers’ comp claim, file anyway – you may be surprised.  In this situation, a truck driver asked his employer for permission to visit a sick family member while he was out on a run.  His employer said sure, go ahead.

 

The driver had to go on a highway that was not on his permit to get to his relative’s house.  The highway was, however, permissible for the type of load he was hauling.  While driving on this off-permit highway, several motorists flagged him down to let him know that the back of his rig was on fire.

 

The truck driver stopped and tried to put out the fire, and was seriously injured when a tire exploded and harmed him.  Should he get workers’ comp benefits?

 

The court ultimately decided that he should, even though his employer did not want to pay him benefits because he deviated from his route.  His employer argued that traveling to see his sick relative was outside the scope of his employment, so they did not owe him anything.

 

It’s a good thing this guy did not give up.  In this case the court decided that the truck driver’s route was not important, what mattered was what he was doing when he was injured: putting out a fire on his employer’s rig.  Since he was protecting his employer’s property, he was performing employment related services and deserved workers’ compensation benefits.

 

Got a tricky New York workers’ comp case?  Let us take a crack at it – contact our offices today.

Injured NY Workers: Are You Like a Pro-Football Player?

If you’ve been hurt on the job in New York, you’ve got a lot more in common with a pro-football player than you may realize.  You both work hard, dedicate your life to a career, and depending on your profession you may be more likely to be injured than the average person.

 

In addition, if you are badly hurt because of a workplace accident or because of years of hard work that takes its toll on your body, you may be forced to fight for care and benefits you deserve – but your employer may seem reluctant to give them to you.

 

1. Football players are at greater risk of catastrophic injury than most folks.  If you work in construction, in the hospitality industry, as a firefighter or first responder, or in any other hard-working profession, you are also at a greater risk of suffering from a workplace accident that could leave you unable to work.
2. Football players are more likely to suffer from long-term health issues than other people.  Playing pro-football is hard on a player’s body, much like construction work or many types of hotel or restaurant work.  After years of high-impact or repetitive motion, your body may slowly start giving you trouble – until you are unable to work.

 

If you are unfortunate enough to suffer from a workplace injury – either from a one-time accident or after years of hard work – there is one way you should NOT be like a pro-football player.  Don’t let your pride get in the way of applying for workers’ comp or disability benefits.

 

Contact our office to talk about your situation confidentially for no cost or obligation.  After years of hard work, you deserve to be taken care of if you are unable to provide for yourself because of injury or illness.

Can Using Social Media Ruin Your NY Workers’ Comp Case?

Love it or hate it, there is no doubt that social media is here to stay.  If you’ve jumped into the fray and opened a Facebook, MySpace, Twitter, or other social media account, you may enjoy being able to communicate freely with your friends.

 

However, social media – like all things – has its downfall.  If you are trying to get workers’ comp benefits after an on-the-job accident in New York, or if you already have benefits that you want to keep, you may want to be mindful of what you say through your social media accounts and who you’re saying it to.

 

There have been cases where workers’ comp claimants have lost their benefits or had benefits denied because of things they are posting on Facebook or Twitter.  If you are claiming that you are too injured to work because you can’t walk without crutches, but you post on Twitter that you are going on a 3 week hiking tour of the Swiss Alps, then you deserve to be caught.

 

But if you have a legitimate disability, maybe a tricky one like serious migraine headaches or a bad shoulder that acts up periodically, you may post about an activity you engage in when you’re having a “good” day – and a benefits processor or judge may take your post to mean that are not hurt and are making it all up.

 

Obviously the best defense is to never lie – don’t try to cheat the workers’ comp system.  But, if you are injured and you do use social media – check that your privacy settings are restricted to friends and be mindful of what you share.

Risk of irritable bowel syndrome for rotating shift workers in NY

It is a problem many New York workers are reluctant to talk about: irritable bowel syndrome, or IBS.  However, if you are a rotating shift worker, your chances of developing IBS are significantly higher than workers who have a regular, consistent daytime work schedule.

 

If you work in rotating shifts and have experienced symptoms like abdominal pain, constipation or diarrhea you could be suffering from irritable bowel syndrome.  The problem with IBS is that there is no test for it – patients are diagnosed by clinical symptoms alone.

 

Why are NY shift workers at greater risk of developing IBS?  Shift work – especially if it is rotating shift work – throws off the body’s biological clock.  When our biological clocks are disrupted, all of our organ systems – like digestion and bowel movements – are affected as well.

 

Researchers have found that this disruption of the body’s natural cycle is more to blame for IBS type problems than sleep disruption or sleep problems.  Simply working in shifts can be enough to throw off your body enough to trigger IBS.  IBS should be addressed because it can lead to gastrointestinal disorders like polyps and cancer.

 

If you think you are suffering from IBS, be sure to talk to your doctor.  There is no reason that you should experience the pain and frustration of irritable bowel syndrome without help as a result of your job.

What the ^&%#^% is going on with the NY Workers Compensation System

The Workers Compensaiton System Injures workers again - if the state budget doesnt pass they plan on closing down the board and an upstate carrier is making injured workers drive to get their own checks! What the ^%^&$^%&^ is going on?

Honoring injured New York workers on Memorial Day 2010

Today is Memorial Day, when across the country Americans gather to remember and pay tribute to those who have risked or lost their lives to defend this great nation.  Sadly, many hard-working, hard-fighting veterans come home safely, only to later be injured or killed in an on-the-job accident in New York.

 

After spending time in the military defending the United States, many men and women return home and take up non-military related jobs.  Some of these jobs can be dangerous, but most are just ordinary jobs intended to provide a fair and happy life for the military veteran and their family.  Some veterans take jobs as firefighters, police, or other emergency workers, using their excellent military training to protect their friends and neighbors.

 

There are over 3.7 million job-related injuries and illnesses reported every year across the country.  It isn’t known exactly how many of these involve military veterans, but you can bet a fair number of veterans are hurt on the job. 

 

Sadly, many workers – including hard-working veterans – are wary of filing for workers’ compensation after an accident.  Why?  Shouldn’t injured workers feel confident enough in ‘the system’ to ask for help when they really need it – especially after fighting for our country?

 

The sad truth is that in this economy workers are often afraid to file claims, worrying that they’ll be blackballed or that they’ll lose their job if they file a workers’ comp claim.  So, let’s all take a moment this Memorial Day pay tribute to our brave veterans, and make sure we’re all doing our part to protect their working rights once they return home to serve us again in a civilian role.

Is your employer saying you were drunk and don’t get workers’ comp?

Picture this: you are hurt on the job.  You report the injury and your employer sends you to the hospital for treatment.  The hospital does not administer a drug test, and when you tell your employer they don’t administer a drug test either.  When you apply for workers’ comp because you end up needing surgery, your employer’s insurance company denies the claim, saying you were intoxicated when the accident happened.

 

Can your employer’s insurer claim you were drunk and deny your workers’ comp claim when there is no proof?

 

No.  A presumption of intoxication can be made if an employee refuses a drug or alcohol test, but not if they aren’t asked to be tested at all.  If for whatever reason you are not offered a drug or alcohol test, your employer cannot later use that against you and claim you were drunk or under the influence of drugs, especially when there is no other evidence that you were intoxicated.

 

This is a typical case of an employer and their insurance company trying to take advantage of a worker.  Had the worker just given up, he would have been stuck with hospital and surgical bills.  However, a workers’ comp attorney was there to fight for him.

 

Got a workers’ comp battle brewing in your life?  Let our skilled New York workers’ comp lawyers fight for your rights!

When an accident is not work related Markhoff & Mittman's Office Manager Slipped and Fell...but she is okay!

Lucy Concepcion, office manager of Markhoff & Mittman recently slipped and fell on an escalator at the local White Plains Sears...she is okay, but did this arise out of and in the course of employment?

NY Workers: Know the signs of a repetitive motion injury

Many New York workers are at risk of suffering from repetitive strain injuries (also known as repetitive motion or repetitive stress injuries).  These types of injures are especially prone to happen in workers with jobs that involve repeating the same task over and over again, such as a culinary worker, data entry clerk, construction worker, delivery person, housekeeper, and more.

 

Signs of a repetitive stress injury can show up in a variety of body parts.  New York workers have injured their shoulders, back, wrists, neck, arms, elbows, forearms, thumbs, and fingers while performing repetitive or stressful tasks at work.

 

If you experience a repetitive stress injury, you may be eligible to receive NY workers’ compensation benefits.  Don’t let your employer dissuade you: repetitive motion injuries are REAL, and can be very painful, making it difficult or impossible for you to work.

 

Some signs of a repetitive stress injury:

• Weakness in the affected body part
• Tingling, numbness or loss of sensation in the affected body part
• Problems opening and closing your hands
• Stiffness in your joints
• Difficulty using your limbs
• ‘Pins and needles’ in your hands
• Difficulty controlling or coordinating the affected body part
• Problems performing simple tasks like buttoning a shirt or tying shoes
• Tremors, pain, or soreness

 

Think you are suffering from a repetitive strain injury?  Make sure you see an independent doctor (don’t let your employer or their insurance company pick one for you!) and contact an experienced New York workers’ comp lawyer for help.

Clumsy? Wear high-heels? You still deserve workers’ comp benefits

Here is a great example of why you should never let your employer – or your own guilt – get in the way of claiming the New York workers’ comp benefits that you deserve.  In this situation, a worker slipped in the employee break room while walking past the vending machine.  There was, she claimed, paper from an overflowing trash can in the break room which contributed to her slipping.  She fell, breaking her wrist, and later experienced back and hip pain that persisted.

 

When she filed for workers’ comp benefits a week later, still in pain, her employer claimed that not only was she clumsy, but she wore high-heels which contributed to her clumsiness.  They did not believe that she deserved compensation for an accident that was clearly her fault.

 

What are the lessons here?  If you have an unexplained fall while at work and are hurt, the law says you are entitled to New York workers’ comp benefits unless your employer can provide substantial evidence that your fall had nothing to do with work.

 

In addition, your employer can avoid paying NY workers’ comp benefits only if they can show that you have a pre-existing physical condition that caused your injury, or if they can prove that you were behaving in a blatantly dangerous or inappropriate manner.

 

This also case shows the importance of a clean, safe working environment, something your employer is required to provide.  The bottom line?  Don’t let your employer intimidate you or blame you for your accident if you really know that you did nothing wrong.  Unless you really did something outrageous and your employer can PROVE it, you deserve workers’ comp benefits.

Judge rejects $575 million deal for 9/11 workers as inadequate

Injured 9/11 workers have an ally on their side: Judge Alvin Hellerstein.  He recently threw out a $575 million deal created to, in his words, shortchange the 9/11 heroes who brought New York “back from that blow”.

 

Judge Hellerstein claimed that the settlement was not enough, and did not do justice to the terrible sacrifices and suffering of the Ground Zero workers.  Not only were workers being shortchanged, claimed the judge, but lawyers negotiating the deal stood to make too much – approximately $200 million.

 

Hellerstein said he was determined to get the attorneys involved in the settlement to accept a lower fee for their role in the deal; one-third of the settlement was too much, in his opinion.  New York officials, including Mayor Bloomberg, were surprised by the ruling, as many had seen the deal as an end to years of legal wrangling that has so far long delayed payment to 9/11 workers.

 

The settlement was designed to settle suits based on a point system.  Complex calculations would be made using input data like the worker’s age, their illness, their medical history, and the amount of time that they spent working at Ground Zero.

 

Commenting on the complex determination of individual compensation amounts, Judge Hellerstein stated “I will not preside over a settlement based on fear or ignorance.”

99 Years and Still Not Safe

March 25, 1911 - 99 Years ago 146 mostly Italian and Jewish teenage women died in the horrific Triangle Shirtwaist Factory Fire in Manhattan. An impetus for major work place reform, workers compensation, unionized protections of workers and an improved firecode.

Moving forward after a workplace accident in New York

Few things compare to the pain – mental and physical – of being seriously hurt at work, and finding yourself unable to return to your job.  How are you going to make ends meet?  What is your family going to do?  Will you lose everything because of a workplace injury?

 

In New York, an on-the-job accident does not have to be the end of life as you know it.  With a little help from a skilled, determined workers’ compensation attorney and a few words of advice, you can get yourself back on track.

If you or someone you love were seriously injured on-the-job, please make sure you take the following steps to protect your rights:

• Report the incident to your employer right away.  Even if you think you are okay, always report accidents.  You don’t want to go home and find that you have a concussion.  If you try to report an accident after the fact, your employer may not believe you and you could be left without benefits
• Document everything!  It is in your best interest to keep records of everything that happens, so you can back up your claim later if necessary.  Keep track of all details related to your case.
• Follow directions.  This seems simple, but one way to improve your chances is to make sure you follow all directions – your employer’s policies, all reporting policies, your doctor’s instructions – everything.  That way nobody can blame you for failing to do something properly!
• Hire an attorney.  Workers’ comp claims can be very difficult, and you could be left waiting a very long time for benefits, if you get them at all.  A competent workers’ comp lawyer can improve your chances greatly.

 

Please contact the experienced New York workers’ compensation attorneys at Markhoff & Mittman today.  Let us help you get your life back on track after a serious workplace injury.

Work Comp Medical Care seems to win out over Medial Forms!

Your Doctor doesn't have to worry about filling out the right form for your New York Workers Compensation claim - a recent directive from Robert Beloten, the Chair of the NY Workers Compensation Board has temporarily suspended the necessity of doctors using the new cumbersome medical forms in many counties surrounding Rochester, New York. He has also provided for payment to all doctors statewide who may have used an improper form but provided the actual care to injured workers.

When an exercise injury makes you eligible for workers’ comp benefits

Picture this scenario: a woman is hurt while taking a yoga class offered by her employer on-site as a part of an employee fitness program.  Employees were encouraged by their employer to join the class to get healthy and bond with one another.  The woman claims that this constitutes a workplace injury, and files for workers’ compensation benefits.  Should she get them?

According to the law in New York State, the answer is YES.  Now, in New York, the law does say that you cannot collect workers’ compensation benefits if you are hurt while voluntarily participating in an off-duty athletic activity that is not a part of your work-related duties.

 

However, there are some exceptions.  If your employer sponsors the athletic activity or if they require you to participate in the activity, you can receive workers’ compensation benefits if you are hurt.

 

This is an interesting situation that will likely become more frequent as the government, employers, and health insurance companies increasingly focus on employee wellness as a way to keep workers healthy and reduce health-related costs.

 

If you have any questions about whether or not your workers’ compensation claim is legitimate, or if you are having problems getting your workers’ comp benefits, don’t struggle alone.  Please contact the skilled New York workers’ compensation attorneys at Markhoff & Mittman today.

Losing your workers’ comp benefits – permanently

A recent case in New York has surprised workers across the state.  A man accused of lying about a back injury that prevented him from working has been told he is ineligible for any further workers’ comp benefits – for the rest of his life.

 

In this case, Church v. Arrow Electric, a man injured his back while at work, and the injury was so serious that he had to have back surgery.  He claimed that he could not work while he recovered, and was given workers’ compensation benefits.

 

In addition, the man claimed to have pain in his leg which caused him to limp, and as a result he was able to only lift small items.

 

However, his employer was suspicious and eventually caught him on video tape picking up and swinging his grandchildren.  His employer argued that had the man really been unable to work or lift more than small weights, he should have been unable to pick up and swing around his grandkids.

 

In addition, the insurance company doctor observed the man walking in the parking lot without a limp, and reported him.  Between the company doctor’s claim and the video tape, the man lost his case in state court.

 

However, not only did the New York Workers’ Compensation Board cut off his benefits, they also ruled that he was now disqualified from ever receiving workers’ comp benefits again.  Pretty harsh consequences, indeed.

Workers Compensation, The Mets and Carlos Beltran

Carlos Beltran, the injured $119 Million Dollar Outfielder for the New York Mets undergoes right knee surgery due to his work related injury...is this really a workers compensation case?

Local Red Cross Details Ways to Help Haiti After Earthquake

National American Red Cross releases $200,000 in aid to help communities affected by earthquake in Haiti

NY Workers' Compensation Travel Reimbursement Rates Effective Jan. 2010

NY Workers' Compensation Travel Reimbursement Rates as of Jan. 1, 2010

NY WCB makes up the law, again?

NY Workers Compensation Board has the legal right to resolve conflicting medical evidence in the record, but 1) cannot make it up and 2) must rely on accurate legal standards and 3) must rely on correct factual assertions (you cannot misread the record!)

Do employers pressure healthcare workers to downplay workplace injuries?

In a word: YES.

 

The New York Times recently reviewed a GAO report that found workplace injuries are underreported by both employers and employees.  However, the motivations are very different.

 

Employers, according to the report, underreport on-the-job accidents because they fear increases in their workers’ comp insurance and scrutiny from OSHA.  Workers on the other hand will avoid reporting their injuries because they fear reprisals from their employer or they worry about being ostracized if their coworkers lose out on extra “goodies” given to employees as part of injury prevention programs.

 

Sure, nobody wants to get in trouble – that is understandable.  But the problem is how widespread the deception is when it comes to workplace injuries.  The GAO found that 53 percent of health practitioners have reported pressure from company officials to downplay the severity of workers’ injuries.  An additional 47 percent of health practitioners were even pressure by workers themselves to downplay injuries.

 

What is going on?  Are workplaces so adversarial these days that workers would rather suffer in silence than receive proper treatment after an on-the-job accident?  Are employers so arrogant that they think they can avoid paying what they owe to take care of their workforce by pressuring doctors or buy doctor-shopping?

 

Injured workers: you don’t have to live in pain and worry how you’ll ever get better without the proper treatment.  Attorneys like the experienced workplace injury lawyers at Markhoff & Mittman have helped so many men and women in New York just like you.  Please contact them today to take your first step towards JUSTICE!

New York Workers Compensation Board Issues First Decision on "Caps"

The 2007 New York State Workers Compensation Reform made many changes. One of the most sweeping changes was to limit the number of weeks an injured worker with a permanent partial disability could receive benefits (the Law did raise the weekly benefit rates for the first time in 14 years!).

These so called "caps" have, until today, not been implemented since there has been no guidence on how to detemine an injured workers "loss of wage earning capacity". This case is a first crack at it by the Workers Compensaiton Board. While I admit I do not like a lot of what has been spelled out, the WCB did give it a go and there are some positive as well as negative aspects for injured workers.

You decide!

CAPCASE

Mittman Appeal in Albany successfully overturns Wotkers Compensation Board ruling!

It's not often that you lose an issue at the Workers Compensation Hearing and Adminsitrative appeal level then appeal to the Court in Albany an have them overturn that loss. I'm pleased to note that I have just accomplished that feat in The Matter of Campos v. Richmond Home Need Services.

While it was on a "legal technical issue" nonetheless I was able to right a wrong. The Workers Compensation Board atempted to subvert my clients rights by issuing a techinical ruling and not allowing us to reach the merits. Now we have the opportunity to reach the merits!

http://www.markhofflaw.com/library/506475.pdf

Who can apply for NY workers’ comp death benefits?

If your family has been rocked by the loss of a loved one to an on-the-job accident, then take heart – there may be help for you.  Immediate families of New York workers killed in a workplace accident are entitled to receive weekly compensation and reimbursement for funeral expenses.

 

Under the Workers’ Compensation laws, there are a variety of family members who can apply for death benefits after a worker dies on the job.  A claim for compensation in a death case can be filed by:

1. The spouse of the deceased worker;
2. Children of the deceased who are under the age of 18 at the time of the worker’s death;
3. Children of any age who were blind of physically disabled at the time of death, as long as their disablement is total and permanent;
4. Grandchildren, brothers or sisters of the deceased who were under the age of 18 at the time of death and who were wholly or partially dependent on the deceased for financial support at the time of the accident;
5. Parents and grandparents of the deceased who were wholly or partially dependent upon the deceased for support at the time of the accident;
6. Children of the deceased, dependent grandchildren, dependent brothers or dependent sisters of the deceased under the age of 23 who are enrolled and attending as full-time students in any accredited education institution (as long as the worker’s death occurred on or after January 1, 1978).

 

The deceased worker’s spouse can file a single claim that includes their dependent child / children.  However, each dependent grandchild, brother, sister, parent or grandparent must file their own separate claim.

 

You can read more about New York workers’ compensation death benefits in our law library article “What you need to know about workers’ comp death benefits”.

Commissioner's Statement on the Employment Situation, News Release Issued Today

Today's report released by Commissioner Keith Hallindicates a 9.8% rate of unemployment with employment in construction decreased by 64,000 workers in September alone.  Those fortunate enough to be holding onto their jobs should be careful if asked to take on additional workload -- exhaustion can too often lead to workplace injuries.