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5 DEADLY SINS THAT CAN DERAIL YOUR NEW YORK WORKERS COMPENSATION CASE - WRITTEN BY ATTORNEY BRIAN M. MITTMAN -- READ THIS AND YOU MAY HAVE A SHOT AT RECEIVING BENEFITS.
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We handle cases throughout Westchester County (White Plains, Yonkers, Mt. Kisco, Ossining, Port Chester, Mt. Vernon, New Rochelle, Mamaroneck, Larchmont), New York City (Bronx, Brooklyn, Staten Island, Manhattan, Queens) and Long Island.
DON'T STOP HERE - ORDER YOUR FREE BOOK Click Here
5 DEADLY SINS THAT CAN DERAIL YOUR NEW YORK WORKERS COMPENSATION CASE - WRITTEN BY ATTORNEY BRIAN M. MITTMAN -- READ THIS AND YOU MAY HAVE A SHOT AT RECEIVING BENEFITS.
OR CALL TOLL FREE 866.205.2415
We handle cases throughout Westchester County (White Plains, Yonkers, Mt. Kisco, Ossining, Port Chester, Mt. Vernon, New Rochelle, Mamaroneck, Larchmont), New York City (Bronx, Brooklyn, Staten Island, Manhattan, Queens) and Long Island.
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:
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.
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.
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.
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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!
DON'T STOP HERE - ORDER YOUR FREE BOOK Click Here
5 DEADLY SINS THAT CAN DERAIL YOUR NEW YORK WORKERS COMPENSATION CASE - WRITTEN BY ATTORNEY BRIAN M. MITTMAN -- READ THIS AND YOU MAY HAVE A SHOT AT RECEIVING BENEFITS.
OR CALL TOLL FREE 866.205.2415
We handle cases throughout Westchester County (White Plains, Yonkers, Mt. Kisco, Ossining, Port Chester, Mt. Vernon, New Rochelle, Mamaroneck, Larchmont), New York City (Bronx, Brooklyn, Staten Island, Manhattan, Queens) and Long Island.
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:
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”.
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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.
Were you or anyone you know working or volunteering during the events of 9/11? Were you hurt – or do you think you will suffer in the future because of the work you performed?
If you were hurt or are sick now is the time to register with the New York State Workers’ Compensation Board so you can file for medical and wage replacement benefits. If you are worried that your health could be compromised in the future, you should definitely register so that you don’t lose out on any benefits should you indeed become ill.
There is one year left for Ground Zero workers and volunteers involved in rescue, recovery or cleanup to register. The deadline for registration with the Board is September 11, 2010. Unfortunately, many people who bravely worked long hours in dangerous conditions were not from New York City, and aren’t aware that they could be eligible for benefits. They also aren’t aware that they are vulnerable to developing 9/11-related health conditions in the future.
Workers and volunteers who want to register with the Board do not have to meet any residency or citizenship requirements. Immigration status does not affect eligibility, either. The bottom line is that anybody brave and selfless enough to help during and after 9/11 deserves to be compensated if they have suffered as a result of their work.
Anyone who performed paid or unpaid rescue, recovery or cleanup work in lower Manhattan south of Canal or Pike Streets sometime between September 11, 2001 and September 11, 2002 can register. Workers at the Staten Island landfill, the New York City morgue, temporary morgues, or on barges between Manhattan and Staten island are also eligible.
If you or someone you know is eligible – protect your rights and register TODAY.
The widow of a firefighter was recently in the news because she finally won New York workers’ compensation benefits after her husband died shortly after leading a training exercise. It took the widow about two years to file for benefits, but only because she didn’t realize that she was eligible for workers’ comp benefit after her husband’s unexpected death.
Not only did the insurer deny her claim – stating that she waited too long – but they also said that there was no way she could prove that his heart attack had anything to do with the firefighter training exercise he had just led. Oh really?
Fortunately for the widow her husband’s death had already been recognized by the National Fallen Firefighters Foundation as being caused by the stress and exertion of the training exercise.
An advocate for the Foundation told the widow that she was entitled to a Bureau of Justice Assistance Grant because of her husband’s death, and that she should also apply for workers’ compensation benefits.
If it wasn’t for the helpful Foundation advocate, this unfortunate widow would have no idea that she deserved benefits because of her husband’s sacrifice. Yet, despite all her husband had done – he was a 38 year firefighting veteran – and despite the posthumous recognition he received, the insurance company DENIED her claim.
Sadly, this scenario is all too common. Insurers are very quick to deny workers’ comp claims, and grieving families are especially vulnerable as they don’t always have the resources to pursue benefits. If you or someone you know ever find yourself in this situation, PLEASE don’t hesitate to talk to a workers’ comp attorney. You deserve so much better than a rude denial from a heartless insurance company!
DON'T STOP HERE - ORDER YOUR FREE BOOK Click Here
5 DEADLY SINS THAT CAN DERAIL YOUR NEW YORK WORKERS COMPENSATION CASE - WRITTEN BY ATTORNEY BRIAN M. MITTMAN -- READ THIS AND YOU MAY HAVE A SHOT AT RECEIVING BENEFITS.
OR CALL TOLL FREE 866.205.2415
We handle cases throughout Westchester County (White Plains, Yonkers, Mt. Kisco, Ossining, Port Chester, Mt. Vernon, New Rochelle, Mamaroneck, Larchmont), New York City (Bronx, Brooklyn, Staten Island, Manhattan, Queens) and Long Island.
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DON'T STOP HERE - ORDER YOUR FREE BOOK Click Here
5 DEADLY SINS THAT CAN DERAIL YOUR NEW YORK WORKERS COMPENSATION CASE - WRITTEN BY ATTORNEY BRIAN M. MITTMAN -- READ THIS AND YOU MAY HAVE A SHOT AT RECEIVING BENEFITS.
OR CALL TOLL FREE 866.205.2415
We handle cases throughout Westchester County (White Plains, Yonkers, Mt. Kisco, Ossining, Port Chester, Mt. Vernon, New Rochelle, Mamaroneck, Larchmont), New York City (Bronx, Brooklyn, Staten Island, Manhattan, Queens) and Long Island.
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This month’s arrest of a Brooklyn doctor on charges of insurance fraud highlights a little known source of fraud in the worker’s comp system: doctors. That’s right, the very same doctors responsible for treating sick and injured workers are stealing money from the system – billions of dollars every year according to some.
The Brooklyn doctor was caught when workers’ comp judges complained that his billing practices were suspicious. Investigators followed up, and sure enough they found evidence of a major fraud scheme. But this is just a drop in the bucket: how many other doctors are cheating workers out of benefits that they deserve for serious injuries sustained on-the-job?
There are a number of ways that doctors can defraud the system:
But let’s be honest here: doctors are not alone in defrauding the system. Insurance companies themselves have a hand in much of the fraud committed by doctors, as they are the ones who will ‘doctor shop’ – they will seek out doctors willing to minimize workers’ injuries on paper so they can save money.
Don’t try to tackle this dirty system by yourself. If you have been injured on the job, please contact the attorneys at Markhoff & Mittman today for help fighting back.
DON'T STOP HERE - ORDER YOUR FREE BOOK Click Here
5 DEADLY SINS THAT CAN DERAIL YOUR NEW YORK WORKERS COMPENSATION CASE - WRITTEN BY ATTORNEY BRIAN M. MITTMAN -- READ THIS AND YOU MAY HAVE A SHOT AT RECEIVING BENEFITS.
OR CALL TOLL FREE 866.205.2415
We handle cases throughout Westchester County (White Plains, Yonkers, Mt. Kisco, Ossining, Port Chester, Mt. Vernon, New Rochelle, Mamaroneck, Larchmont), New York City (Bronx, Brooklyn, Staten Island, Manhattan, Queens) and Long Island.
The outgoing head of the New York Compensation System will be replaced by a longtime workers’ compensation judge recently appointed by Governor David Paterson. Last month Zachary S. Weiss announced that he was stepping down as chairman of the New York State Workers’ Compensation Board to accept a position as a judge in the Social Security system.
The new chairman, Robert E. Beloten, 56, has a long history with the NY workers’ comp board. He was a judge in the system from 1988 to 1996 and again from 2000 until he was named as one of the board’s twelve commissioners this past May. Over the years Mr. Beloten has lectured extensively on workers’ compensation and medical law.
Since Beloten is already a member of the workers’ comp board he does not need Senate confirmation. He took office on July 15. According to Beloten his first priority in taking over the $5.5 billion per year system – one of the largest in the country – is to reduce the amount of time it takes for claimants to receive benefits. Beloten will receive a salary of $120,800 as chairman.
Beloten faces some tough issues as head of the NY workers’ comp board. In addition to excessive wait times, recent investigations have uncovered fraud by doctors working for insurers, retaliation by companies against employees who file for workers’ comp benefits, and employers cheating on their insurance premiums – all which has created an adversarial and paralyzed system.
Former Chairman Weiss was only at the helm for about two years and attempted to make some changes, however critics contend that he did not go far enough. There is still much left to do, and Beloten has his work cut out for him.
As reported today, Robert Beloten is being viewed by attorneys on both sides of the bar as a practical solution to the New York workers' compensation system. I was quoted in the article commenting "Bob has taken a very balanced approach on workers' issues. No matter what you think of the reforms, he brings a very practical perspective in that he's worked within the system. It's a bit of a different perspective than Chairman Weiss."
DON'T STOP HERE - ORDER YOUR FREE BOOK Click Here
5 DEADLY SINS THAT CAN DERAIL YOUR NEW YORK WORKERS COMPENSATION CASE - WRITTEN BY ATTORNEY BRIAN M. MITTMAN -- READ THIS AND YOU MAY HAVE A SHOT AT RECEIVING BENEFITS.
OR CALL TOLL FREE 866.205.2415
We handle cases throughout Westchester County (White Plains, Yonkers, Mt. Kisco, Ossining, Port Chester, Mt. Vernon, New Rochelle, Mamaroneck, Larchmont), New York City (Bronx, Brooklyn, Staten Island, Manhattan, Queens) and Long Island.

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