Attorney Blog

New York Workers' Comp Lawyers Explain Treatments for RSI

Mon, 06 Feb 2012 08:00:00 EST

If you have sustained a repetitive stress injury (RSI) due to overuse of your hands, arms, shoulders, or another body part, you are probably experiencing a great deal of pain and possibly limited mobility, which makes it hard to go to work and complete your daily tasks. Many people choose to suffer with repetitive strain injuries, but, as White Plains workers’ compensation lawyers, we want to emphasize how important it is that you speak with your doctor at the first signs of pain or stiffness. Early treatment of a repetitive strain injury can make a big difference, and it can save you a lot of pain and loss of mobility in the long run.

Conservative Treatments for RSI in New York

Luckily, most repetitive strain injuries can be treated conservatively. There are many ways your doctor may go about this, including:

Resting the affected area and explaining proper ergonomics
Anti-inflammatory medication, such as ibuprofen
Pain-relieving medication
Support bandages or braces
Physical therapy
Strengthening exercises

Depending on your actual diagnosis, your doctor may choose one or several options to treat your repetitive strain injury. Usually, your doctor will first try conservative measure like those listed above before moving on to surgery or other invasive treatment.

If you have suffered a repetitive strain injury at work in New York or have questions about workers’ compensation for carpal tunnel syndrome, speak with your friendly White Plains workers’ compensation lawyers today in a completely free legal consultation. Just give us a call at 1-866-205-2415 or 914-946-1452.

Construction Worker Accidents are Down but Still Happen

Fri, 03 Feb 2012 08:00:00 EST

Construction is necessary for growth in any city, especially a city as alive and every changing as New York. With construction comes the danger of heavy equipment, working high in the air, and the potential for injury or death. Relatively new safety laws in New York have helped to decrease the injury and death rates for construction workers – good news for all.
Falling on a work site accounts for about 1/3 of injuries and some of the safety laws in place address measures to keep workers safe, from using safety harnesses to a variety of other fall protection procedures. Occasionally injuries and falls and sadly, even death do still occur on construction sites. The five construction worker deaths that occurred in 2011 can all be attributed to lack of fall protection, improper procedures, or improper construction practices.
One has to wonder if there isn't still room for improvement. It would seem that these deaths could have been prevented had the proper practices and procedures been in place, including the correct fall protection. Revisions to 40 year old laws in 2008 seem to have helped decrease construction site accidents, but basics like fall protection should never be the cause of a construction workers injury or death.
Construction work will always be done but there is no reason that it can't be done with the utmost care and caution. Keeping workers safe from harm should be the number one priority, always.

If you have been injured in a construction-related accident, contact our law firm today to schedule a free consultation. You can reach us toll free at 888-799-3918 or use our online contact form.

How Important Are Your Knees?

Fri, 03 Feb 2012 08:00:00 EST

Most of us know little more about the knobby bone in the middle of our leg other then it can get hurt in sports, women cut it when shaving, and it sticks out in a strange way. Our knee cap is just a small part of the overall structure of the knee, the part that we see sticking out. Below the surface there are ligaments, cartilage, tendons, and other bones working together to help us stand, sit, walk, and run.
We tend to take our knees for granted, never thinking about how they help us move and perform just about every action we do. Imagine trying to sit in a chair if your knees didn't bend! Running would be impossible without the action of bending the leg at the knee. I suppose we might be able to manage walking, with a stiff legged waddle like a penguin. Having knees is what gives us the ability to move freely, jump, squat, and kick. The knee is also essential for most jobs and can become easily injured in on the job accidents.
The joint of your knee is formed where your top and bottom leg bones meet and is covered by the knee cap. Loads of tendons, muscles, and ligaments work together to create the bending and slight side to side movements of the knee. When you bend your legs the hamstring muscles pull the tibia back, and when you straighten your leg the quadriceps muscles and tendons pull on the knee cap. It all works without our conscious thinking to bend and straighten the knee and allow us to perform every leg movement.

Knee injuries at work are a common occurrence in workers compensation cases. If you have hurt your knee at work, you should protect your rights to compensation benefits by speaking with a qualified attorney. Contact our office at 888-799-3918 or use our online form.

Knee Ligament Injuries Are Common in the Workplace

Fri, 03 Feb 2012 08:00:00 EST

Imagine being at work doing your normal duties. As you changes direction and you turn your body to complete a task, your foot stays planted while the upper part of your body turns. Pain shoots through your knee and you drop to the ground unable to bear the pain or continue working as you were.
This all too common scenario is an indication of damage to the knee ligaments. Sprains of knee ligaments happen frequently in sports because of fast sudden changes in direction or direct contact with the knee. Knee sprains can range in degree from a minor stretching of the ligament to a complete tear. Minor sprains can be taken care of with some rest, over the counter medications, and heat and ice packs. Major damage, such as tears, or damage to more than one ligament at a time almost always results in surgery.
Years ago, major knee ligament injuries meant that working, playing sports, or performing other activities would no longer be a possibility. The damage to the knee was considered far too great and repeat injury was feared. There is hope today though that those who suffer from a torn ligament or multiple ligament injuries can recover. Techniques for treating ligament tears have improved and with it the chance to return to normal activities after suffering a knee injury.
If you've suffered an injury to one or more of the ligaments in your knee or knees, don't give up hope of getting back to the job. Technology and medicine have increased the possibility now more than ever that your injuries can be repaired and you can resume your normal job duties after treatment.

If you have hurt your knee at work, contact our experienced legal team to schedule a consultation about workers compensation benefits. You can reach us toll free at 888-799-3918 or use our online contact form.

Tendon Injuries in the Knee

Fri, 03 Feb 2012 08:00:00 EST

Walking, running, jumping, and biking are all activities that we start doing as early as the first year we are born. As we grow we do these activities so often that we rarely ever give it any thought. Over and over again, we walk, run, and play sports and without even realizing it can do damage to the tendons in our knees. The repetitive movements take a toll on the weight bearing joint that makes up the knees.
Most tendon injuries aren't very serious. Some soreness and swelling can be treated with over the counter anti-inflammatory medicine like ibuprofen and some rest. However, if you notice that your injury doesn't seem to be getting better then there might be something more going on.
There are a couple of illnesses that can affect the tendons. One is Osgood-Sch-latter disease which occurs when the tendon tears away from the bone. Another is Iliotibial Band syndrome which happens then a part of the tendon covers a bit of the knee cap. Only your doctor can tell if you have one of these problems with the tendons in your knees so it is a good idea to seek treatment if your pain persists.
The good thing is that serious injuries to the tendons in the knees don't usually happen to most of us. Athletes or young people who run track and field or spend a lot of time in training for a sport are more likely to have tendon trouble. There are so many things that can go wrong with the knees, tendon injuries being only one of them. So seek medical assistance if you have any unusual pain or swelling in the knees.

If you have injured or torn the tendons in your knee, get to the doctor and then schedule a free consultation with our experienced workers compensation attorneys by calling us toll free at 888-799-3918 or by using our online contact form.

Worker's Compensation Leg Loss Claim Proves Need for Experienced Help

Fri, 03 Feb 2012 08:00:00 EST

The plight of a Tarrytown man who lost his leg when he was struck on the job in an accident that claimed his leg goes to show you that workers compensation are not as clear cut as they may seem.
It is estimated the man’s court award of over $11 million is not likely to be paid out as planned. The judge found many parties involved to be partially reliable for the accident including the victim. While the man did lose his leg on the job, the case brings to light the difficulties that can be found in a workers compensation claim.
Our experienced lawyers have handled many different types of workers compensation cases and we know what it takes to get the job done in your favorite when you have a legitimate claim for benefits. You need to ensure you can afford the initial and ongoing medical costs associated with the work-related injury as financial needs will be important, especially if you are unable to return to work and earn a living for a long period of time, if you can return to work at all.
The loss of a leg can be particularly devastating to a worker who is likely limited in the choice of jobs they can perform once recovered. While the injured man in the news is likely to see some compensation from the woman that hit him, it may not be the millions he was awarded in court due to the circumstances surrounding the accident.

You need to protect your rights for compensation in work related injuries. Contact our office for a free consultation today by calling us toll free at 888-799-3918 or use our online contact form for more information.

New York Social Security Disability: Dialysis for Renal Disability

Sat, 28 Jan 2012 08:00:00 EST

As New York Social Security disability lawyers, we see many kidney failure patients choose to pursue disability benefits once they have started dialysis. Although dialysis generally allows patients with chronic kidney disease a better quality of life, many people also find that the frequent treatments and general progression of disease make it extremely difficult to continue to work. It can be difficult to make the choice to start dialysis because you see it as limiting your independence; however, chronic renal failure patients do have some options.

Types of Dialysis for Chronic Renal Failure

Hemodialysis: For hemodialysis, you will go to a hemodialysis unit where your blood will be filtered with a dialysis machine. Most patients need to have this done 3 times a week, and it does not require as much work by the patient. In fact, many people are able to read, sleep, or work on other things during the procedure.
Peritoneal dialysis: The patient has an active hand in peritoneal dialysis. This will require you to use special dialysis fluid at home, which is connected to a catheter site in the abdomen. This is either done manually or handled by a machine that you use at night. Peritoneal dialysis can be done at home, but it must be done each day.

The good news is that it is generally fairly straightforward to get approval for Social Security disability benefits for kidney failure if you are receiving either type of dialysis treatment. If you would like to learn more about applying for disability benefits in New York, give us a call today at 1-866-205-2415 or 914-946-1452 to schedule a completely free, no-obligation legal consultation.

Exclusive Remedy Isn't Always Easy

Fri, 27 Jan 2012 08:00:00 EST

It's inevitable that some people will get hurt while performing job related duties, just like sometimes children get hurt while playing on the playground. If you are hurt on the job you might be thinking that you can sue your employer for their negligence in your injuries. You may believe you have a chance to be fully compensated for lost wages, medical bills, and any other expenses that you incur because of your injury. However, this is generally not the case.
Most employers have workers compensation insurance. This means that there is a limit on what you will be paid as an injured worker. Workers compensation helps employers be able to afford to pay their injured employees without the risk of being sued and being bankrupt by an outrageous settlement. It's in place as the exclusive remedy, hence the name, for solving claims to work related injuries without declaring fault or proving negligence.
Having workers compensation in place though, doesn't mean that it's just easy to get if you get injured. Employers don't want to have to pay out lots of workers comp claims and risk having their premiums go up. They have lawyers on their side reviewing and disputing claims. There are many steps you have to go through to file a proper workers compensation claim and missing a step can mean denial of your claim and not knowing what you should really be owed can mean getting paid less then you deserve.
It doesn't seem right to have to jump through so many hoops to be compensated for your job related injury, but that's how the system works. Having the assistance of a qualified workers compensation attorney can help you get the money you deserve in a timely manner.

Should you find yourself in this position or needing the advice of a lawyer regarding your workers compensation claim please contact Markhoff & Mittman at 888-799-3918 toll free or use our online contact form.

Getting Help with Compensation for Occupational Disease

Fri, 27 Jan 2012 08:00:00 EST

Imagine finding out that the illness that has been plaguing you for as long as you can remember is caused by your job? You go to work every day and put in your best effort and are rewarded with eczema or lung cancer? It's not as uncommon as you might think.
Occupational disease is an illness or condition that strikes a specific population of workers in the same field, more so than other people not associated with that field of work. Think about a hair dresser who does small repetitive movements with her hands all day. From clipping with the scissors to rolling curlers year after year – it can cause carpel tunnel syndrome. Firefighters constantly get exposed to smoke, and byproduct and chemicals from that smoke, possibly causing lung cancer.
People who are plagued with an occupational disease have the right to workers compensation. Many people don't realize that as they think of someone getting physically injured as someone who can claim workers comp. It can be more difficult to file a claim for an illness or disease then it is for an outward physical injury and often requires the assistance of an attorney.

If you have been seen by a doctor for an illness related to your job, or you think you might have an occupationally related disease, you need to protect your rights. Call our experienced legal team toll free 888-799-3918 or use our online contact form for more information.

Blood Disorders Can be Debilitating

Fri, 27 Jan 2012 08:00:00 EST

There are so many disorders and diseases of the blood that medicine has a whole specialized field of work related to it called hematology. Many people with blood disorders or diseases live their daily lives with little or no affects from the disorder.
People with thalasemia minor or thalasemia trait, carry a gene for this Mediterranean blood disorder that is a form of anemia. Unless the trait is tested for, the individual with this disease probably has no visible symptoms and leads a normal life. Someone with anemia might feel sluggish or tired but can be easily treated with iron supplements and a change in diet. Regular physicians can work with patients to easily monitor and manage these conditions.
However, some blood disorders, like leukemia or HIV/AIDS, are life changing illnesses. A person suffering from one of these disorders would most likely be under the care of a hematologist. The medical treatments like viral protocol medications or radiation and chemotherapy can be extremely expensive.
The side effects and illness related to these disorders and medications are most often unpleasant and often leave the patient debilitated. People suffering from one of these types of blood borne illnesses are often left unable to work and facing financial strain.

If you'd like to talk with one of our qualified attorney's to help with a workers compensation claim or have related questions please contact our offices toll free at 888-799-3918 or use our online contact form for more information.

Injured in the Line of Duty

Fri, 27 Jan 2012 08:00:00 EST

Firefighters know that they have, what is considered to be, a dangerous job. They risk their lives to assist and save the lives of others. They also go on just more than fire calls, helping with accidents and various other jobs with a list of injury possibilities too great to mention. Most that you talk to wouldn't consider themselves a hero, nor would they say that they wake up every morning thinking that this is the day they might get hurt or die.
A recent fire in Tarrytown left one firefighter with an injury he won't soon forget. While working to put out a blaze in a large multifamily home, part of the ceiling collapsed on this young firefighter. He had to be taken to the hospital and treated for his injuries. It was not an unusual fire call, and the inferno was quickly contained, yet a firefighter was still injured on the job.
When firefighters are injured in the line of duty they are eligible for workers compensation. The time that they miss from work and the medical bills they incur can have a negative impact on their family’s finances. The forms that need to be filled out and the time-line of information that needs to be submitted to have a claim granted can be tricky.

An experienced workers compensation lawyer can assist you in filing your workers compensation claim. Please contact our offices at 888-799-3918 or use our online contact form.

Can Subway Accidents be Prevented?

Fri, 27 Jan 2012 08:00:00 EST

On a strange day this January, four men lost their lives in separate and unrelated subway accidents. One might start to wonder if riding the subway is safe and if these accidents could have been prevented. It would seem that if four men could die in just a short 24 hour span that something more needs to be done to ensure rider safety.
Two of the men who died were struck by trains and reports say that no one knows why either of these men were on the tracks. One appears to have been crossing the tracks while the other was wandering through the subway tunnels. Perhaps there should be more safety measures in place that prevent non-subway employees from gaining access to tunnels. Video surveillance, security guards, even guard rails or alarms would probably go a long way in preventing these types of accidents.
A third man who got his head stuck between the platform and a train might have been saved had there been guardrails in place to prevent him from leaning over the edge or looking down the track, whatever he was doing to get his head stuck. Being too close to the edge of the platform can cause a variety of injuries, including falls onto the track which have been reported to happen a couple times a week.
The final death came when a man fell down a flight of stairs at a station in Queens. On a cold January night, those stairs might have been slippery or dark. While accidents do happen, they can also be prevented with safety measures and a bit of care.

If you or someone you know has been injured because of a suspected lack of safety measures, please contact our offices at 888-799-3918 or use our online contact form.

Arthritis May Put You Out of Work

Fri, 20 Jan 2012 08:00:00 EST

Arthritis is a common medical condition that can be developed over time or through genetics. Arthritis causes inflammation in the joints of the bone which can lead to deformities, chronic pain, and serious limitations. Depending on the location of the arthritis and your work responsibilities, the condition can put you out of work.

If you have been referred to a rheumatologist by your family doctor for further treatment, you should ask the specialist what to expect with progression of your condition. If the arthritis or related illness is severe, you may no longer be able to perform the duties necessary in your work environment. You may also not be able to perform your job duties safety.

Many people develop arthritis in their hands which makes it hard to do much of anything. Even signing their name can be a struggle. In the serious cases, you may need to file for Social Security disability if your daily living and work ability has become impaired.

Additionally, those suffering from arthritis may have additional problems on the job that risk the health and safety of others when chronic pain leads to the necessity for medication, prescription or otherwise. Some types of medications used to treat arthritis symptoms can be dangerous and should only be used when patients are resting, not responsible for job safety.

If you have already tried filing for disability and had your claim denied, know that you can still try to gain benefit approval through the help of an experienced attorney familiar with the rules and regulation of Social Security. Contact us toll free at 888-799-3918 or use our online contact form.

Don't Let Fear Keep You from Psychiatrist Appointment

Fri, 20 Jan 2012 08:00:00 EST

There are a multitude of reasons why you may be referred to a psychiatrist by your family doctor and there are a multitude of reasons why you may reject the idea of setting up that first appointment.

Mental health conditions often tend to carry a stigma that is not factual or accurate. But for some people, the idea of being diagnosed with a mental illness is too much to bear. They fear their will be repercussions for getting help including bullying and being shunned. But the reality is that your mental well-being is just as important as your physical one. You likely would not resist treatment if you suspected you had a heart condition so why would you skip treatment if you had a brain condition?

Mental health has come a long way from the days when people didn’t understand the variety of issues that can attack the mental state of an individual. The diagnosis, treatment, therapy, and medication have made great strides in order to help those suffering from mental health conditions. If your family doctor suspects there are conditions affecting you and refers you to a specialist, be sure you make your appointment and go.

Society is becoming more accepting of the mental health-related issues affecting Americans. There is more information than ever available and it appears a bigger compassion is present among human beings. The worst thing you can do for a mental illness is ignore it and hope it goes away. Unfortunately many conditions affecting the brain do not go away – they only get bigger.

Prescription Medication Overload and Your Job

Tue, 17 Jan 2012 08:00:00 EST

Those who must work with injuries in order to keep up their income may also have to continue medication therapy for pain management of a work-related injury or for medical conditions. A recent ruling by the Workers Compensation Board shows that it is not uncommon for individuals on prescription medication under the supervision of their doctor to accidentally overdose on these drugs or suffer a bad reaction. The consequences can be life-altering or even fatal.

When you hear the words ‘accidental overdose’ many people initial think the individual who overdosed had a drug addiction but that is not true in all cases. Many situations involve the patient being treated having undiagnosed medical conditions that are worsened by the medications or the combination of drug therapies prove to be harmful or fatal.

Accidental overdoses may occur when the person taking the medication takes more than their normal dosage without realizing it. They may also suffer a bad reaction from the medication causing them to not be able to think clearly or logically.

It is true that some injured workers have admitted to becoming addicted to the prescription medication being used to treat chronic pain and medical conditions. These cases can end badly not only for the injured worker but also for their co-workers when they show up to work under the influence. Accidents can happen when prescription drugs are used improperly and can be a huge threat to the health and safety of the entire workplace.

If you are being treated for chronic pain with medications that could potentially affect your job, you need to discuss the matter with your doctor and your supervisor. While you may be tempted to show up to work to keep earning a living, doing so can prove disastrous.

If you have been injured due to an accident at work caused by a person under the influence, you need to protect your rights. Call our experienced legal team toll free at 888-799-3918 or use our online contact form.

Human Error Requires Admitting to Mistakes on the Job

Mon, 16 Jan 2012 08:00:00 EST

Everyone makes mistakes. It is part of being a human but when your mistake on the job is especially dangerous, you have to stand up and take responsibility. When the captain of the Italian cruise ship went off course and started to sink literally jumped ship before tending to passengers, things got out of control. Thousands of people including crew members working on the ship were left to their own devices. Placing lifeboats in the water proved difficult because of the sideways position of the ship after the crash.

Once the captain or whoever is found guilty of the fatal error, there must be some action taken. However, at the time of the accident, the situation could have been much less deadly if the crew including the captain had admitted to the mistakes and followed safety protocol. Now at least 11 lives have been lost with many more passengers still missing. Rescue efforts have not been favorable due to the instability of the ship and the conditions of the water. There are also environmental concerns with the amount of fuel still in the ship.

The world at large has been outspoken about this fatal mistake of a cruise ship employee. Words like coward and irresponsibility are part of the recent headlines. As an employee, you have a responsibility not only to yourself but to all of your co-workers, your employee, and the people you serve on the job to do your part when mistakes occur. You need to open up and react appropriately if you make an error in judgment that can literally cost people their lives.

If you have been injured on the job due to the mistakes of a co-worker, you have a right to protect yourself and receive workers compensation benefits. Contact our office for a free workers compensation consultation. You can reach us toll free at 888-799-3918 or use our online contact form to learn more.

Kidney Conditions Can Lead To Time Lost from Work

Fri, 13 Jan 2012 08:00:00 EST

Kidney conditions, whether inherited from genetics or developed through medication use or other medical complications, can bring about a lot of chaos in your life. Between the symptoms of fatigue and general illness and the medical intervention necessary for some kidney condition, living with a kidney condition can be difficult and prove to be a nemesis to your employment status.
Because of the symptoms and the need for dialysis treatments, patients with kidney issues can often be in need of time off from work. Severe kidney ailments and advanced cases may leave individuals unable to work at all who must then pursue claims for Social Security Disability benefits.
Kidney conditions can lead to failure if diagnosis and medical treatment is not done in a prompt fashion. The symptoms of potential kidney failure can be similar to other conditions that are not as serious. If you have symptoms of kidney problems it is important to seek medical attention so the doctor can perform the appropriate tests and give a diagnosis.
If you are put on dialysis, it will be important to discuss your medical situation with your employer so you can secure the medical leave necessary for treatment. If the symptoms and side effects of chronic kidney conditions are disabling to the point where you cannot work at all, you may need to apply for Social Security benefits.

If you must apply for those benefits for a kidney condition, it can certainly help to have an experienced attorney’s help with your claim, especially if you have filed for benefits before and your claim was denied. Contact our office for a free evaluation of your case by calling toll free at 888-799-3918 or using our online contact form for more information.

Work Overload Can Put You Out of Work

Fri, 13 Jan 2012 08:00:00 EST

Throughout American history there have been many examples of hard workers. In fact, hard work is what has made this country great. But these days, with all of the changes and advances within the human race, that hard work you are putting in each week can actually put you in an early grave.
There is likely already stress in your workplace and when you don’t take time out for yourself and your home life, it can have devastating medical consequences. Not only does your health suffer overall but your relationships can too if you don’t take it easy and find balance between work and home.
With the increase of entrepreneurship in the country, more workers are never able truly leave the workplace because they live in it. It can be even more stressful than working for someone else.
All this stress, anxiety, and overworking can lead to accidents on the job and potentially can lead to you making mistakes that hurt someone you work with. It is important to not only get enough rest, eat right, and give your work tasks your priority and focus when in the workplace. Employers need to be able to recognize signs of stress in their employees and offer a balanced amount of work hours according to health and safety rules. There should be protocol to help workers deal with on the job stress and offer the services necessary to help deal with the outcome of this stress such as depression. Many instances of violence on the job are directly related to stress.

If you have been injured on the job as a result of a co-worker mistake or due to your employer’s failure to institute safety rules to combat stress, contact our office about a potential workers compensation benefit claim. We’ll discuss your case with you at no cost. You can arrange an appointment by calling us toll free at 888-799-3918 or using our online contact form.

No Work Today Honey, I Got a Headache

Fri, 13 Jan 2012 08:00:00 EST

There has been a long running joke between men and women about headaches preventing any work getting done so to speak. But when it comes to headaches, there really isn’t much to laugh about.
We all get headaches from time to time – during a cold or after a long day at work. Those minor types of headaches are common and typically can be avoided by making lifestyle or diet change and reducing stress. The more serious headaches are something that should not be dealt with on your own. If you experience throbbing, painful, pounding headaches that are making you call off work rather often you should already have an appointment with your doctor.
While many headaches are treatable and you can live a normal life even if you don’t feel that great, migraines and cluster headaches can be debilitating to the point where you cannot function and are not fit to go into work at the risk of hurting yourself or other co-workers on the job. Chronic headaches diagnosed and treated by a doctor may allow you to collect Social Security disability benefits if you can no longer work.
Benefits are not for those that get the occasionally bad headache but for chronic sufferers that have to call in sick on a monthly basis, you are not only endangering your health, you are jeopardizing your job. Missing work rules differ by employer but most will not appreciate your absence on an extended basis without a physician’s excuse.

If you are experiencing frequent and debilitating headaches, it is important to get a medical advice. If you plan to file for disability benefits or have had a disability claim denied already, contact our office toll free at 888-799-3918 to discuss your case. You can also get more information on our online contact form.

Construction Worker Happy for Helmet

Fri, 13 Jan 2012 08:00:00 EST

The recent news story concerning the construction worker that was injured after a concrete slab he was attaching to the Wilmot Cancer Center slipped and struck him in the head reminds us how important safety and protective equipment is on the job site. Luckily it appears the worker did not suffer any life-threatening injuries and was able to be rescued from the third story of the scaffolding system he was working on.
While the outcome of this situation is excellent for this worker if he, in fact, suffered no serious injuries and left the hospital the same day, the reality is that many construction accidents do not have happy endings. The sadder reality is that many of the non-happy ending construction accidents did not have to prove life-altering or fatal. When construction workers have been on the job for a long time or for those who are new to the industry, there can be a tendency to either forget to don the protective equipment or simply reject it due to perceived experience. However, there is no way to predict when, where, how, or why accidents happen on the job. One slip out of a construction vehicle due to wet shoes and you could be out of work for life….or out of life.
Construction sites are dangerous for anyone present. For this reason it is just as important for any worker to wear safety gear including hard hats and goggles as it is for any visitor on the site to do the same. It is foolish to reject the safety equipment at any part of the project because anything is possible and will happen when you least expect it. If your employer does not provide proper safety equipment, the entire site is at risk.

If you have been injured on a construction site, it is important for you to seek the proper medical attention. If you need to pursue a workers compensation claim, you can contact our office for a free consultation by calling toll free 888-799-3918 or use our online contact form for more information.

Freak Accidents Often Take Lives

Fri, 13 Jan 2012 08:00:00 EST

The headline-making death of a fuel company owner brings to light the reality that freak accidents on the job can take lives in an instant. John Romanelli, the president of Burt’s Reliable Fuel Company, died from injuries he suffered in a late December fire on his company property. A fuel line ruptured and fueled sprayed on him while he was operating a heat source.
Freak accidents can leave co-workers, friends, and family unable to comprehend what went wrong because there was no way to predict such circumstances. They can happen on any job site or office space without warning. Fires, natural disasters, building collapse, and any number of situations can prove fatal and devastating to everyone involved.
While there may be no avoiding freak occurrences in the workplace, there certainly should be attention paid to the standard safety procedures and necessary protective equipment every single day on the job. Workers should be trained in basic safety actions as well as more extensive emergency situations regularly so that should something occur everyone will have a protocol to follow.
On the job accidents occur every day putting co-workers and your loved ones at risk. While some jobs may be categorically more dangerous than others, freak accidents can change the realities of the situation and you can never predict what may go wrong. Secretaries can be just as susceptible to freak occurrences as a construction worker. Consider the marketing executive killed in a recent Manhattan elevator accident.

If you have been injured on the job in a freak accident or if you have lost a loved one due to an on the job fatality, contact our office to discuss your situation at 888-799-3918 or by using our online contact form.

Even Superstars Get the Sues

Fri, 06 Jan 2012 08:00:00 EST

Rapper Jay-Z was hit with allegations he failed to pay workers compensation for the staff working at his home. The NY Workers Compensation Board filed the matter in court until it was discovered the Comp Board made a clerical error and the famous recording artist did not actually owe the $18,000 that was alleged to have gone unpaid.
When you think about the rich and famous, workers compensation benefits are not really the first thing that comes to mind about their financial status but it does go to show that no one is excused from meeting their legal obligations where employment is concerned.
If you have ever worked for an employer that did not keep up with the workers compensation insurance and ended up injured while on the job, you need to fight for your legal rights for medical care and additional treatment. In these cases, having an attorney experienced in workers compensation law is vital to your health and welfare. If an employer tries to get you to work around the laws, it is in your best interest to seek legal guidance so you don’t end up on the wrong side of the law.
Contact our office for a free consultation if you have been injured on the job and your employer does not want to follow the proper protocol for workers compensation. We can be reached at 888-799-3918 or through our online contact form. Don’t jeopardize your health and well- being simply because someone else is trying to save some money.

Keeping Up With Medical Appointments Important to Your Case

Fri, 06 Jan 2012 08:00:00 EST

If your injury on the job has led to your referral to a neurologist, make sure you keep all of your appointments. Treating issues related to the nervous system is serious business not to be taken lightly. There are a number of workers injured on the job that fail to attend the visits to specialists and end up paying a high price with their health.
Nerve damage, head injuries, and back injuries are all serious matters and should be diagnosed and treated by a specialist. In some cases of neurological damage, there may not be the ability to return to work as normal. Your workers compensation case will depend on your following the protocol for medical treatment and your life depends on getting accurate diagnosis and treatment for the problems brought on by the injury.
There are also concerns for people that end up damaging their nervous system over time doing repetitive motion work or due to a genetic medical condition. In these cases, the job you do may not be affecting your health directly now but can come to pose a problem in the future. If you suspect something is not right about the way you feel or move around, it is best to visit your family doctor and if need be, a referral to a neurologist may be in order.

If you have suffered a head, back, or other injury on the job, contact our experienced legal team for assistance. We can be reached toll free at 888-799-3918 or through our online contact form. Don’t mess around or delay medical treatment of conditions affecting the nervous system. If you do, you may be putting yourself out of work for life.

Are You Allergic to Work?

Fri, 06 Jan 2012 08:00:00 EST

There seems to be an increase in the different types of allergies people are suffering these days. Kids especially have been making headlines for suddenly succumbing to a peanut allergy during an ordinary day of school. But it is not just the kids that are victims of severe allergies and where you work could be just as adversely affecting your health without your knowledge.
As we age and our body chemistries change, we can develop allergies we never had before. If you suspect something in your workplace is affecting your health due to allergies, you may want to seek a referral to an allergist or immunologist who can rule out or pinpoint different materials that are causing you to react poorly.
In many cases, people will dismiss the severity of their allergies or go through life not bothering to get tested. However, this can prove deadly especially when allergies are severe. It is in your best interest to seek medical invention if your time on the job leaves you feeling poorly.
Often patients of allergist and immunologists, when properly diagnosed cannot believe what a difference in their lives treatment will make. Rather than dismiss symptoms you are having, get them checked out by the specialist. Write down the symptoms you experience and where you are when it happens. This can help your doctor pinpoint issues at work that may be affecting your health.

Don't Be Foolish With Workers Compensation

Fri, 06 Jan 2012 08:00:00 EST

The recent news story about a man who was found guilty of trying to defraud the New York Worker’s Compensation Board proves that some people will do just about anything to get away with a crime.
The man was a retired sanitation worker in Manhattan who was already off work for an injury. He alleged that while going to a doctor’s appointment for his previous injury, he fell on a faulty sidewalk and broke his wrist. He even filed a lawsuit against the city-owned client. However, his story changed pretty fast when he was questioned by investigators. The same investigators had camera footage from surveillance tapes showing the man did not, in fact, fall anywhere near the building.
Not only did the man lose his job after 21 years, he now faces a 7-year prison term if convicted on the charges. Prior to his first injury, he was making $64,000 a year with the same city he tried to defraud. The case is still pending but it is just one of too many workers compensation fraud headlines.
It’s interesting that he and so many others tell outright lies about their supposed work-related injury – especially now that the workers compensation officials are not very secretive about their rounds of intense investigation in to fraudulent claims. Even the public seems to grow tired of the incidents of fraud with more people giving up friends, family, and neighbors to the authorities for attempting fraudulent acts.
If you have a legitimate workers compensation claim, see a personal injury attorney to protect your rights. You can call our office toll free 888-779-3918 to set up an appointment. If you are thinking about any financial gain from lying about workers compensation, you’ll need a different kind of attorney to help – one practicing criminal law.

Hotels Offer Many Different Job Hazards

Fri, 06 Jan 2012 08:00:00 EST

The recently filed case by a housekeeper against the Plaza brings to light the different dangers associated with working in hotels. The housekeeper suffered a fractured foot as the result of a freight elevator suddenly dropping downward and coming to a violent stop. But it is not just elevators that pose a danger to hotel workers.
First of all, every employee in a hotel has to deal with the general public in some form or another. This is always a risk to health and safety. Additionally, because so many different people come in and out of hotels, there can be dangers left behind that workers do not even think about.
The hotel industry employs many different types of people including cooks, housekeeping, and maintenance workers who can be injured just carry out their respective jobs. Repetitive motion injuries, electrocution, burns, and the like are all job risks but then you add in the other factors of hotel dangers and the situation can get serious.
Those employed in the hospitality industry need proper training to deal with the public, emergencies, and just day to day job skills, especially in the bigger environments. With adequate training and qualified staff safety should be made a priority not only for guests but also for every person working in the hotel environment.

If you have been injured during hotel work, you should protect your rights for workers compensation. You can contact our office toll free at 888-799-3918 or use our online contact form for more information about your workers compensation rights.

What Causes Epilepsy Disability in New York?

Sun, 01 Jan 2012 08:00:00 EST

The symptoms of epilepsy can vary greatly between individuals, and the causes of epilepsy disability in New York vary greatly as well. Some people are born with epilepsy or a seizure disorder, and some people develop epilepsy later in life. Some of the common causes of epilepsy include:

Injury to the brain at birth
Abnormalities in the brain or blood vessels
Alzheimer's disease and dementia
Stroke
Bacterial and viral infections, such as meningitis, abscesses, or AIDS
Some metabolic disorders
Tumor affecting the head or brain
Destruction of brain tissue due to another disorder/illness.

As you can see, it can be very difficult to pin down the cause of epilepsy in you or a loved one, which is a part of why so many medical tests and procedures are required when you are evaluated for epilepsy disability.

If you need help applying for disability for epilepsy in White Plains, speak with one of our friendly and experienced New York Social Security disability lawyers today at 1-866-205-2415 or 914-946-1452. We have years of experience helping injured and disabled New Yorkers, and we look forward to meeting with you in a completely free legal consultation to talk about your specific situation and needs.

Loss of Benefits Can Seriously Affect Your Health

Fri, 30 Dec 2011 08:00:00 EST

The current federal court case involving the New York police officers who lost free health insurance after the White mayor made a motion to have retired workers pay a portion of their health insurance costs after significant insurance costs were no longer affordable shows that nothing is guaranteed.
Many of the retired workers are living on their pensions and Social Security. As they grow older, the insurance is necessary to cover their mounting medical costs for treatment of age-related and chronic health conditions. Without the free health care they were promised with their career benefits, many of the retired workers are not able to afford the added expense of thousands of dollars in insurance coverage payments.
The police officers, firefighters, and the 640 employees now taking their case to federal court are worried about what the loss of this benefit will do if the case is not won on their behalf.
They may not be able to make it through retirement having to fork over the extra few thousands of dollars to keep coverage active. While they can apply for Medicare, it certainly is not the coverage they were promised when committing to their jobs.
If you have issues concerning Social Security benefits or workers compensation benefits, there is no time to delay in protecting your rights. Contact our experienced legal team for help. We offer a free, no obligation consultation and you can schedule one by calling 888-799-3918 or using our online contact form.

Are You Honest about Workers Comp Claim?

Fri, 30 Dec 2011 08:00:00 EST

When you get hurt at work, there will be a lot of questions from the doctor, your employer, and throughout the process of filing a claim. Those questions can be confusing, especially if you are in pain and still not feeling yourself but it is vital to your case and your legal status that you are honest and upfront about what happened, otherwise you can be in jeopardy of losing your job and ending up in jail.
Recent statistics show that workers compensation fraud costs $5 billion and affects everyone, including businesses and their employees as well as a person’s ability to get a good, stable job. If you suffered an injury that was not work related by file a claim that it happened on the job, you are hurting everyone, especially yourself.
There are high fines and serious jail time associated with committing workers compensation fraud and losing your job may not be the worst thing that can happen to you. Workers compensation fraud stems from providing misleading or purposely false details about your injury.
Investigators are hired to follow, videotape, and document any suspicions that there is fraud going on. There are many tales to be told about the lengths people have gone through to commit fraud in the workers compensation system. Countless cons have been found to be earning a nice living elsewhere while still collecting compensation benefits for injuries that never happened. It is a vicious cycle that must be stopped.
Do you know of people who are committing workers compensation fraud? There are ways to report this activity anonymously and in an effort to crack down on the costs you pay due to such fraud, it may be a wise choice to step up to the plate and help stop fraudulent claims.

Hard Road Returning to Work After Disability

Fri, 30 Dec 2011 08:00:00 EST

No one wants to get hurt or develop a chronic, debilitating illness that puts them out of work for an extended period of time but it does happen. Employers will hold your position during your disability but they also lose money due to your absence.
As for you, it can be difficult to return to a job you left unexpectedly. There are likely things that have changed and you will need to time to readjust to a return to work schedule. In some cases, the return to the job will not be as welcoming as you’d hoped.
There are new guidelines now that employers can use to make the transition back to work for those with long absences more standardized. Employers are encouraged to be more in touch with the return to work process and all that it entails. More programs to help workers are being created to help improve their health and abilities on the job, especially after a disabling condition or illness.
Employers in general are encouraged to create a more caring work environment and develop proactive management techniques for dealing with long-term absences. If you have been having problems with your employer concerning a long-term disability absence, be sure to contact our experienced legal staff for guidance.

We can provide you with free consultation to discuss your case. Reach our experts at our toll free number 888-799-3918 or use our online contact form for more information.

Undiagnosed Medical Conditions May Necessitate Disability Benefits

Fri, 30 Dec 2011 08:00:00 EST

There are a multitude of people that go through life with a serious but undiagnosed medical condition. In some cases, the symptoms of one illness may mimic other issues and go undiagnosed or even misdiagnosed.
Autism in adults is one of these medical conditions that are often missed in childhood yet still have a profound effect on the person’s adulthood. They may be considered to be a number of things in society because they cannot hold down a job and have difficulty relating to other people. Without a diagnosis of Autism or Aspbergers or other conditions on the autism spectrum, they may be isolated from society and unable to provide a proper life for themselves, especially when their parents or caretakers pass on.
It is important to understand that a wide range of medical conditions may entitle you to the benefits of Social Security so you can adequately care for your disability. Medical intervention is also important, especially if you have had issues since childhood that were never diagnosed. Today’s doctors are more knowledgeable about a host of conditions including those that affect mental health and are more likely to discover existing problems that have left you basically unable to provide for yourself, financially and otherwise.
With the startling numbers of adults who have undiagnosed autism, it only stands to reason there are a host of other issues that have not been properly treated. Disability benefits are available to help.

We are experienced in Social Security Laws and disability rights so if you have been denied benefits for a condition, consult with our legal team as soon as possible so we can help protect your rights. Contact us toll free at 888-799-3918 or use our online contact form for more information.

Do You Hear What I Hear?

Fri, 30 Dec 2011 08:00:00 EST

Hearing is one of the five senses that we rely on to be safe at work and in life in general. If you have a hearing condition that was caused by genetics or if you have suffered hearing loss due to a noisy work environment, it is of the utmost importance that you seek medical assistance and get a proper diagnosis.
Not all hearing loss or hearing conditions are permanent but if they go untreated, you could be facing the possibility that you will lose your hearing for good. Permanent hearing loss means you may never be able to work again in your current career. It can also mean a lifetime of specialized treatment that is costly.
If you have been referred to an audiologist for specialized hearing treatment, don’t neglect this appointment. Early treatment of many hearing conditions allows for a solution. If you let the problem go on too long, you may not be so lucky. An ENT (ear, nose, throat) doctor is also employed to help diagnose and treat conditions of the ear.
If you suspect you have suffered hearing loss due to a loud work environment, an accident on the job, or due to lack of proper ear protection while at work, you may have the right to file a workers compensation claim. Hearing loss may also entitle you to Social Security disability payments.
Do yourself a favor and contact your family physician if you notice your hearing is not where it used to be or if you develop a ringing in your ears. After you have received medical treatment, contact our office for a free legal consultation by calling toll free at 888-799-3918 or use our online contact form for more information.

Falls and Violence Lead Increased Fatality Records to New York Workers

Fri, 23 Dec 2011 08:00:00 EST

In 2010, the number of workplace fatalities grew from 63 to 69. While this may only appear to be a slight increase, the news for New York workers is not good. Over the last several decades, workplace fatalities were on the decline. Now the statistics show more people are dying on the job throughout the state.

One of the prevalent reasons workplace deaths are on the rise is due to employee violence. Experts believe the unstable economy is to blame for increased worker violence resulting in 15 workers being victims of homicide in 2010.

Falls on the job are the other big reason for worker deaths which totaled 13 for 2010. Six of the falls occurred on job sites in the construction injuries. This number has doubled from the previous year. In the case of falls on the job site, experts believe they are the result of a decreased workforce due to job cuts as the economy remains week. Workers that have maintained their jobs do so at greater risks and with more responsibilities. Due to the heavy workload, more injuries and fatalities on job sites are being reported rather than less.

Both situations do relate to stress on the job, especially with so many facing financial problems and finding it hard to make ends meet even with full time work. They are taking their frustrations out at work or are not as attentive about workplace safety because so many other things are on their mind.

If you have been the victim of workplace violence or have suffered an injury due to the carelessness of co-workers, you need to protect your rights as an injured worker and seek the advice of an experienced attorney. You can come into our office for a free consultation. Just call us toll free to schedule an appointment at 888-799-3918 or use our online contact form.

Don't Delay Your Hepatology Appointment

Thu, 22 Dec 2011 08:00:00 EST

If your doctor has recommended you see a hepatologist, be sure you don’t delay scheduling the appointment and getting a proper diagnosis. Any suspicion of liver disease can be especially serious and needs to have proper medical attention.

Liver conditions can be brought on by a number of reasons including genetics and may only be detectable through blood work and other medical tests. Avoiding the specialist appointment for a long time can lead to a more serious, chronic illness and can even prove fatal if ignored.

If you develop a serious liver condition, you can end up unable to earn a living. Taking time off from work to treat a medical condition that was preventable or treatable earlier can put a serious dent in your finances. With rising costs of medical care and prescription medicines, it is in your best interest to get an early diagnosis rather than ignore the problem altogether.

If you have been referred to a hepatologist, be sure to call for your appointment as soon as possible and follow through with suggested medical recommendations. You can never afford to mess around with your health and jeopardize your wages. If your condition is going to cause you to miss work, you may want to consult with our attorneys about the information necessary to file for Social Security benefits. You can contact us at 888-799-3918 or use our online contact form for more information.

New York Elevator Death Shows Even Modern Technologies Can Fail

Thu, 22 Dec 2011 08:00:00 EST

The death of ad executive Suzanne Hart gripped the nation when it was announced she lost her life in an unfortunate elevator accident. Hart was attempting to get into an elevator at her job when she was caught half outside of a moving elevator.

Modern technology including that in elevators, escalators, and automatic doors may be safer and improved from the years past but it doesn’t mean they are error free. It was stated that the elevator in which Hart was to ride was just serviced just prior to the accident. People need to use discretion and follow the rules that go along with elevators and other modern mechanism.

Unfortunately the news of such a death will cause people to take notice for a short period of time and many will then resort back to their normal complacency about daily safety. Disregard for common rules such as not overcrowding the elevator or keeping tabs on shoelaces and loose clothing around a work area are reasons why accidents on the job continue to happen.

While there are some accidents that are unable to be avoided, there are many accidents caused by neglect or inattention on the part of other workers. Proper training can help eliminate stupid mistakes from getting people hurt or killed on the job and during such trainings employees need to devote their full concentration rather than just assume they know what to do. Employees have a responsibility to overall workplace safety just as much as the employers do.

If you have been injured while at work, protect your rights to workers compensation by calling our office for a free consultation at 888-799-3918 or use our online contact form for more information.

Glandular Health Conditions May Go Undetected

Thu, 22 Dec 2011 08:00:00 EST

The glands of the human body control the hormone production your systems need to function. If something goes wrong with the glands, you may be referred to the endocrinologist for further treatment. An endocrinologist is a specialist that deals with conditions in the glands and if your family doctor has referred you to such a specialist, you need to attend the appointment as soon as possible.

If there are problems with your glands you may not realize anything is wrong as symptoms may be scarce. But just because there is a lack of symptoms doesn’t mean there is a lack of problems. Problems in the glands can cause multiple health conditions that can put you out of work and lead to mounting medical bills.

It is important to make all of your medical appointments and go through the proper testing requirements to ensure your health is okay and that issues affecting your glands are treated properly and promptly.

You may not like visiting a doctor’s office, especially to receive blood work and other testing but it is vital to your health to be preventative with potential problems and treat them as soon as possible. Problems in the glands are not something you want to forget about.

If you have been diagnosed with glandular problems that are work related, please contact our office for a free consultation. We can analyze the situation and tell you the next steps to take. Contact our office toll free by calling 888-799-3918 or using our online contact form.

Holiday Mishaps Can Cost You Your Job

Thu, 22 Dec 2011 08:00:00 EST

There is a lot to celebrate during the holidays but a lot of mistakes are made on the job that can lead to your termination. Here are some tips to keep you safe and secure in your job over the holidays:

When attending the holiday office party or family get together, don’t drink and drive. Putting yourself and others lives in jeopardy can cost you your job, your freedom, and your life.

Don’t show up drunk at work. Holiday partying can sometimes get out of control and showing up incapacitated to work is a danger to you and others.

Don’t call off during the holidays if you haven’t taken the appropriate steps to schedule vacation. Workers who have unscheduled calloffs can be subjected to termination.

Don’t misappropriate office/work supplies for your own use. Many companies will not tolerate theft of any kind and you will likely be terminated without too many questions.

Don’t let the excitement of the holidays make you lose your focus. When on the job pay attention and follow proper safety protocol rather than be in a rush to get out of work and make mistakes that can cause injuries or fatalities.

Have a wonderful holiday season and enjoy time with family and friends. Be prepared to finish your shifts at work on a good note rather than complicate things with injuries and accidents.

Dealing with Disabling Diabetes in New York Over the Holidays

Fri, 16 Dec 2011 08:00:00 EST

If you suffer from disabling diabetes in New York, you know how difficult it can be to continue to watch your diet and take care of yourself during the holidays. Whether you're having trouble saying no to all the holiday sweets or you're attempting to travel a long distance to see family and friends, here are a few tips for managing your diabetes and still enjoying the season:

If you will be traveling or staying with family, be sure you pack enough medication and testing supplies to get you through the trip. Also, keep snacks and glucose tablets nearby – just in case. You may also want to check your blood sugar more often than usual; the change in routine and diet may cause fluctuations.
Have a healthy snack before you head out to holiday dinners, and try to bring a snack or covered dish that is in line with your diet plan. Enjoy holiday foods in moderation, and try to choose low-salt and low-sugar options. Alcohol may also be a concern, so you may want to limit your intake to one drink. Talk with your doctor if you have any questions about what to watch out for.
Be creative with your exercise routine during the holidays. Consider going for a walk after dinner to see the neighborhood light display, or get your family members involved in an active game. With a little planning and forethought, you can enjoy your time with family and friends AND take care of yourself over the holidays.

If you are having difficulty completing your activities of daily living or otherwise finding that your diabetes significantly interferes with your life, speak with one of our experienced and friendly New York Social Security disability lawyers today at 1-866-205-2415. Our White Plains disability lawyers wish you a happy and safe holiday season.

Keep Stress in Check During Holiday Work Hours

Fri, 16 Dec 2011 08:00:00 EST

If you are working in the public during the holiday rush, it can be so easy to lose your cool and become distracted. This can cause serious consequences for your job including being terminated, being hurt, or causing harm to others. When you are stressed out during the holidays and have to deal with others who are stressed out, it can be a compromising situation.

Holiday work can be hectic and part of your responsibility as an employee is to be involved in the safety of your customers, your co-workers and yourself. Here are some tips to keep your stress in check during the holiday work season:

Plan ahead so you aren’t always rushed when getting to work or if you drive for a living.
Stay organized by writing yourself to-do lists at home and at work so you can prioritize your obligations.
Practice patience by utilizing deep breathing exercises to prevent you from offering knee-jerk reactions to stressful situations.
Be on extra alert for safety violations at work when people are preoccupied with other things and not able to focus on the work at hand.
Realize you can’t do it all. With a job, a family, and the busyness of the holiday season, you have to accept some limitations and come to terms with things you cannot control.

If you have been injured at work during the holiday season, seek out the advice of a qualified workers compensation attorney to ensure your case is handled right the first time. You can reach our office by calling toll free at 888-799-3918 or using our online contact form.

Workers Comp Fraud Investigations Uncover A Lot

Thu, 15 Dec 2011 08:00:00 EST

If you are hurt at work and start receiving workers compensation benefits, don’t even consider taking another job and defraud the system. In a recent workers compensation investigation, 18 people were arrested for various levels of fraud.

Even those that didn’t actually collect benefits while working another job were arrested under the allegations of fraud. They were found to have lied on claim applications or were collecting nice paychecks and benefits at the same time.

While on the job injuries can hurt your income stability, there is something that can affect you worse – jail. Being arrested for workers compensation fraud means you have a lot more problems on your plate, financially and otherwise. Being in jail means you cannot work at all and stand a good chance of losing your extra job and your benefits at the same time, putting you in a serious financial quandary.

Workers compensation fraud investigations are ongoing and due to their necessity it is rare someone will slip under the radar for very long. Workers compensation is meant to help you when you have been injured at work and if you are trying to defraud the system, you are hurting everyone else who is meant to collect legitimate benefits.

If you are unfamiliar with the rules and regulations of workers compensation and have been hurt on the job, you should contact our office toll free 888-799-3918 for a free consultation at or use our confidential online form for more information

Experienced Workers Still Risk Injury on Simple Jobs

Wed, 14 Dec 2011 08:00:00 EST

There are many experienced and qualified workers who perform the most dangerous of work tasks and never see a work injury. But one simple job can turn into a serious injury for even the most qualified workers.

One of the problems with perceived routine jobs is that workers tend to careless when they have done the same work hundreds of times. Take an electrician that has rewired a basic outlet too many times to count. One day he does a similar job without much thought and ends up getting electrocuted due to a very careless mistake.

These types of situations are one reason why is it vital that employers continue to upgrade and update safety training, if only they are used to be a reminder about basic safety measures and guidelines. Getting careless can cost a worker their own life and routine training can help keep such data at the forefront of the worker’s mind.

Just because you have done the same job or job task for 20 years does not meet you get to be lazy. If you are so burn out by your position, it may be time to seek a new one or select a different career path. Becoming complacent on the job is not only going to present a danger to your own safety, you are also risking the health and welfare of all coworkers on the job.

If you have been hurt on the job, protect your rights for workers compensation by calling our office toll free at 888-799-3918 or using our online contact form.

Volunteers Vulnerable to On the Job Injuries

Wed, 14 Dec 2011 08:00:00 EST

There are several full-time jobs that are not only dangerous, they are unpaid. Many Americans volunteer on a regular basis. They volunteer their time to help the less fortunate or to perform more dangerous work such as firefighting and emergency medical workers. While many volunteers say the gratitude and success stories of the people they help is reward enough, there can be a long more complications when volunteers get hurt on the job.

There have been headlines in the recent years where volunteer firefighters, rescue workers, and other volunteer personnel that hold critical positions have been injured or even killed. Consider what happened on September 11^th after the Twin Towers collapsed. Many volunteers were lost forever during that tragic event.

It’s interesting that so many dangerous positions are on an unpaid basis and still people volunteer to be a service to their community no matter the risks posed to their own life. When volunteers are injured during their service, it can certainly cause a lot of complications in their lives.

For volunteers that have a full time job who sustain an injury doing volunteer work, it can put them out of commission and out of a paycheck during the recovery process. For the same reason that paid workers need proper training and safety lessons, so too do volunteers.

Volunteerism is on the rise in America which is good news but before you jump into a volunteer position, be sure it is something you enjoy and get properly trained to do the work to prevent unnecessary injuries and even fatalities.

If you have been injured while working or performing volunteer tasks, you should discuss your case with a qualified workers compensation attorney in our office. You can reach us toll free at 888-799-3918 or use our online contact form for more information.

Holiday Work Etiquette: Get Some

Wed, 14 Dec 2011 08:00:00 EST

There are many jobs where worker are not very committed to their employer for a variety of reasons. For the workers that work different shifts and whose company is in operation during the holidays, it can be all too easy for workers to call in sick or just not show up for work.

When you miss work with unexcused absences it affects the whole work environment. When you call off, someone else has to pick up your slack and in many cases businesses cannot function safely without their full staff. This can become a hazard to the safety of the workplace as a whole since most businesses cannot afford to stop being productive despite accidents.

The holiday season is a time everyone wants to enjoy but work obligations should rank in priority. Ideally, employees should plan ahead to take days off during the holiday festivities and save up their vacation days rather than blow off work at the last minute leaving someone else stuck.

Unfortunately many more industries are glossing over holidays to earn more profits and are relying on their employees to show up as scheduled. The have standards set in their employee handbooks that outline the consequences of skipping work without a legitimate medical excuse or a true emergency.

If you are considering an unscheduled call off, be sure you are in compliance with your employer’s rules for absences or you may not have a paycheck to come back to when the holidays come to an end.

If you have to miss work due to a legitimate reason such an injury on the job and need help with your workers compensation claim, contact our office for a free evaluation of your case by calling 888-799-3918 or using our contact form online.

How Risky Is Your Job? You May Be Surprised

Fri, 09 Dec 2011 08:00:00 EST

Workplace violence is becoming a common headline around the nation and New Yorkers have had their fair share of headline-making acts of violence that risk the health and welfare of workers. From single individuals acting out in anger to more well-planned schemes to do harm, workplace violence can take a serious toll on the workers hurt as well as those left behind.

If you work with the public, you are likely aware of the risks associated with different types of personalities. Mental health conditions may also be a trigger common in outbursts of violent acts in the workplace. If you work in a relatively quiet office space or other environment, it can be quite shocking to be involved in an act of violence against co-workers.

Unfortunately, it is this unpredictability that makes assessing workplace violence difficult. Sometimes situations spring up when you least expect it committed by the least likely candidate. For this reason, employers need to take the threat of workplace violence seriously and have a plan in place to ensure that in the event something does happen, co-workers will know how to react.

Security is another factor employers should consider to help protect workers on the job. In many cases the person inflicting violence doesn’t work at the place they attack. Security measures should be taken to protect workers from uninvited guests. For workers who are guilty of in-house violence, employers may need to implement stricter hiring practices that include background checks and employee screening techniques to increase security and safety in the workplace.

If you have been injured during a workplace violence situation, protect your rights to compensation for your injuries by calling us toll free at 866-205-2415 or use our online contact form for more information.

Social Security Benefits Claim Denial Not Uncommon

Thu, 08 Dec 2011 08:00:00 EST

When you are diagnosed with a disability medical condition, it may put you out of work for the long haul or on a permanent basis, it can be frightening news that leaves you wondering how you will survive day to day living.

But it can be worse. If you are diagnosed with a medical condition that interferes with your work performance, you can submit a claim for disability benefits to help you financially. Unfortunately, due to the nature of the rules surrounding what constitutes being disabled, many people will be denied by the agency after their claim is filed.

Being denied Social Security benefits can happen to anyone and without knowledge of the laws and situational details of the administration, re-filing a claim can leave you facing rejection again. When you are in need of the financial benefits to put food on the table and keep medical bills paid, you can’t afford to wait long to act on re-filing the claim.

Our office of attorneys has the experience and the knowledge to not only help you win your benefits approval, we can also walk you through the entire process so you are not left feeling alone and dejected. It can be hard to know how to protect your rights when you are not familiar with the laws, which most people are not.

Do not hesitate to contact our office with any of your questions or concerns about filing for Social Security benefits for the first time or after being denied. Contact our office for a free consultation and evaluation of your Social Security benefits claim by calling us toll free at 866-205-2415. You can also use our online form for more information.

What If Medicare Took All Your Money?

Thu, 08 Dec 2011 08:00:00 EST

When Mr. Vernon of Cincinnati Ohio has to relinquish nearly half of his settlement monies from a vehicle accident to Medicare, he inadvertently became a poster boy for what changes may come.

The courts ruling in the Hadden case said Mr. Hadden, who was hit by a truck in 2004 and received a settlement from one of the responsible parties, had to give up half of the money he received in order to pay off the medical expenses covered by Medicare.

This court decision may change how claims for liability and workers compensation benefits are handled in the future. If the amount of money being reached in a settlement all goes back to Medicare, the victims of the injury may not have anything left over to take care of themselves.

Medicare has a right to recoup money legally. However, there is now concern that recouping funds from people who can not make a full recovery for damage is not in the best interest of the injured person. While Medicare does need protection, the recent ruling does not appear to be practical.

Those who are eligible for future settlements after an injury on the job or due to an accident may not see the kind of settlement they need to continue living daily life. No one will be interested in settling cases if there is to be no recovery.

Those who owe Medicare do have the ability to file for a lien reduction when they can not make repayments, it is not an easy process to move through and it can complicate the settlement case over an extended period of time.

If you have questions about reimbursing Medicare after an accident or injury caused by another party, it is best to contact our office for a free consultation at 888-205-2415. Let an experienced attorney protect your rights. You can learn more by using our online contact form.

Eye Health Vital to Employability

Thu, 08 Dec 2011 08:00:00 EST

There are few jobs that can safely employ a person who does not have their sense of vision. In most cases, eyesight is a prerequisite for paying work. However, you also need to realize how important proper eye care is on a regular basis if you want to keep working.

As we age, our eyesight tends to get worse. You may not be able to see as you once did and may require prescription glasses in order to see clearly. For those who have been wearing glasses for a number of years, there is little chance your eyesight will improve over time without surgical intervention.

It is recommended that all people visit their optometrist on a regular basis to ensure their eye health is good. Failing vision that is not treated can lead to serious medical complications and if you can not see properly, you may not have a job to go to each day. Sight is an important part of health and safety on the job. If you can not see clearly, you can make mistakes that can lead to the injury of yourself or your co-workers.

Remember too that annual check ups with your optometrist can help catch any medical conditions that have an effect on the eyes. Whether or not you have a family history of eye disease, medical conditions affecting the eyes can be present without your knowing it. This makes it harder to recover from damage already done.

If you have suffered an eye injury during work, it is important to seek medical attention and protect your rights. Contact our office at 866-205-2415 or use our online contact form for more information.

Working and Compensation Benefits Don't Mix

Thu, 08 Dec 2011 08:00:00 EST

If you are receiving workers compensation benefits because you are injured or have become disabled due to an injury at work, it is certainly not in your best interest to work under the table while you are supposedly incapable of performing physical work.

This is a lesson former NYC maintenance worker, Cosmo Zingaropoli, learned the hard way. Zingaropoli was found to have earned a good living doing home improvement work and repairs while receiving around $70,000 in workers compensation benefits.

When you file for benefits claiming you are unable to work due to physical limitations caused by an on-the job injury, you should not be seeking supplemental income that can jeopardize your benefits claim. To do so can be constituted as fraud. In the case of Zingaropoli, the charges are even more severe and include grand larceny among others.

More and more compensation carriers are working with private investigators to catch offenders in the act. With the amount of fraud in the compensation system, carriers want to protect themselves from those looking to bilk the system. In many cases, what the private investigators are able to document on audio and video can be somewhat astounding. People have been found to be working some pretty hard jobs while still claiming to be unable to work so they can keep the benefits rolling in.

If you have a workers compensation claim, we can help you evaluate the case and lead the way forward. Contact our office for a free consultation by calling us toll free at 866-204-2416 or use our online contact form for more information.

Driver's Beware: Holiday Hassles on the Road

Fri, 02 Dec 2011 08:00:00 EST

With the approaching holiday season, those who drive for a living need to take precautions because the amount of traffic on the roadways will increase and more people are out and about shopping for the perfect gifts.

Unfortunately things are not as merry as they should be during the holidays and delivery drivers and other transportation employees need to remain on alert especially now that dark falls earlier and the winter weather will affect road conditions.

Drivers are especially susceptible to accidents with the busier roads and frustrated consumers. They are more focused on their shopping list than they are the traffic on the roads in some situations. Drivers need to remain on alert and be sure they also are staying within the speed limits and the driving laws even when in a rush to deliver packages on schedule.

Another concern delivery drivers have is the loading and unloading of the packages be delivered. Proper training for lifting, carrying, and transporting the merchandise customers are sending is important to prevent back injuries and chronic pain from keeping you out of work.

The holiday season brings about the worst in people sometimes so drivers and those working with the public need to take special precautions during the next few weeks so they can enter a new year healthy, safe, and able to work.

If you have been involved in an accident while on the job or suffer an injury while working, contact our office toll free at 866-204-2415 or use our online contact form for more information.

Plan to Miss Work for the Holidays? Check the Rules

Fri, 02 Dec 2011 08:00:00 EST

There are many people who juggle a lot of things during the holidays in addition to work. You may be tempted to take a sick day to finish your holiday shopping but make sure it won’t jeopardize your job security. There are rules to follow about taking days off so make sure you follow the protocol or you may not have a job come the new year.

There is another concern about taking unscheduled days off of work. With the winter weather on the way, you may end up using sick days before you actually need them. Cold and flu season is here and the changing temperatures may mean that you’ll wake up one day unable to get out of bed but without the sick days to call off work.

Winter weather also brings about safety concerns. When the snow starts to fall and you have to commute to work, there is the possibility of safety concerns about your drive. You may even get injured on a patch of ice during your routine walk to work. Injuries that are legitimate and require your time off from work can be devastating to your pay if you have used all your sick time for frivolous reasons.

If you are injured on the job and have to file for workers compensation but have a less-than-stellar attendance track record, you can put yourself in a position of not having a job to come back to when you have recovered. If you are new on the job, make sure you understand the rules and regulations of the company’s attendance policies. If you have to take time off during the holidays for travel or preparation, plan those days in advance and be sure you have the time to use without compromising your job stability.

If you have to take time off from work because you suffered an on the job injury, you may need the guidance of a qualified attorney. Contact our office for a free consultation at 866-205-2415 or use our online contact system for more details.

New York Burn Injuries and Applying for Disability

Thu, 01 Dec 2011 08:00:00 EST

If you have suffered serious burn injuries in New York that are likely to leave you disabled for more than one year, it may be wise to apply for Social Security disability. A serious burn injury can prevent you from working or completing any of your daily activities. Depending on the severity of your burn injuries, you may need ongoing medical treatments, surgery, or skin grafting to help you recover. Unfortunately, burn injuries also have the potential to become complicated and cause permanent scarring and loss of mobility. Even if it is obvious that your burn injuries are interfering with your life, you still have to provide a mountain of “proof” to obtain disability.

Unfortunately, the disability process can take a long time to complete, and you may run into complications along the way. In fact, most disability claims are denied at first, and only about 20% make it through the reconsideration stage. Although you could pursue a New York disability claim on your own, many people see a better outcome with the help of a New York disability lawyer who really understands how the system works.

A qualified and compassionate New York Social Security disability lawyer can help explain your rights and the steps required to obtain social security disability. Give an experienced White Plains disability lawyer a call today at 1-866-205-2415 to schedule a completely free legal consultation to talk about your situation. We look forward to hearing from you.

Retirement Planning – A Necessary Evil

Thu, 01 Dec 2011 08:00:00 EST

When you are working for a living, especially starting at a young age, retirement is likely the furthest thing from your mind. However, achieving the proper amount of retirement savings requires that you start planning as early as possible. Ideally, you want to have enough cash in the bank and retirement accounts to keep on living as you normally did while working. Another part of that plan should include having enough cash to keep you going without having to take your Social Security benefits early.

While some people may have to rely on early disbursement of their Social Security, they will do so at their own loss. Taking benefits before the age of 70 means you will bring home less than what you could be at age 70 – about 8% less right now.

Retirement planning can be as confusing as the Social Security disability system but it can and should be done over the years with changes being made as financial changes come. Retirement planning may work best if you had an advisor who can help you see the big picture and allow you to plan correctly so you can leave you Social Security alone.

If you are in need of filing for Social Security before retirement and need some help or have been denied benefits, you need the help of an experienced attorney. Contact our office toll free for a consultation at no cost. You can reach us through our online form or by calling 866-205-2415.

Working Retail for the Holidays? Think Safety First

Thu, 01 Dec 2011 08:00:00 EST

Many people take seasonal jobs in a retail environment to make extra cash since more stores are hiring temporary extra help over the pre and post holiday months. However, if you are seasonal employee new to the world of retail, the job can actually be dangerous.

Without proper training from your employee about safety, you can be at risk from being hurt by large crowds, disgruntled shoppers, heavy boxes, or falling objects. There are a number of safety risks that are around you at all times so it is wise to know what you are doing, especially when it comes to dealing with bulky merchandise and out of control customers.

Safety training should go beyond learning how to work the register. You should be taught the correct way to lift heavy merchandise, hang inventory, remove merchandise from high shelves, and other safety issues involved in a store setting.

You also should learn how to deal with the crowds especially when things can get physical like during Black Friday scuffles or when irate customers want to hurt someone. It is not uncommon for retail employees to suffer at the hands of violence, especially when people are out to cause hurt when executing robberies.

Working in retail should not be considered an easy job and there is safety protocol to keep in mind whether you are working behind the counter or in the stock room.

Yes, Mistakes Are Possible in Disability Cases

Thu, 01 Dec 2011 08:00:00 EST

The recent headlines about the ex-Westchester cop found out he was getting nearly double his salary in retirement prompts a reminder that humans are fallible. With human interaction comes human error so even the government can make mistakes. Luckily in the case of the retired cop who had been injured on the job, the error was found and admitted to by the powers that be.

Social security and disability claims can be complex and confusing, especially if you haven’t done a lot of research on the subject first. When you need to apply for Social Security benefits, it can be helpful to have someone in the know help you through the process. If you have been denied Social Security benefits, it may be time to get a knowledgeable, reputable attorney involved in your case.

Being denied Social Security disability benefits is not uncommon. There can be a number of factors that make a denial a possibility. You can utilize the help of an experienced attorney rather than give up the benefits you really need to survive. Unfortunately many people file their own claims, receive the denial, and then give up on the idea of ever receiving benefits.

When you are disabled or injured on the job, there may be a lot of red tape in front of you. However, your legitimate case comes with rights you have as an American and an injured employee. You need to exercise those rights in order for justice to be done on your behalf. Sometimes you need an attorney to help protect those rights.

If you have been denied Social Security, have been injured on the job, or feel something is not going right in your claim for benefits, it is urgent that you schedule a free consultation of your case with our office just to make sure you’ve done what is necessary to protect your rights, your health, and your income. Call us at 866-205-2415 or use our online contact form.

Holiday Travel Warnings for Drivers

Fri, 25 Nov 2011 08:00:00 EST

Thanksgiving is the busiest travel season of the year with many people hitting the road to visit out of town relatives and friends. While many families head out on Thursdays making for more traffic and potential accidents, the return trip on Monday can be a hazard to any worker being sent out on the road.

Careers like those in long-distance truck driving or even short-distance pizza delivery during this time of year can be especially dangerous. Bad weather conditions and fast-moving vehicles make for a perfect storm. On the road accidents are common and those who drive for a living are at particular risk.

If you have to be on the road for work during the busy holiday season, it is crucial that you obey all traffic laws including wearing your seatbelt. Leave plenty of time to get where you are going so you won’t have to be one of the lead foot drivers out on the nation’s highways.

While you may be most comfortable working behind the wheel of a vehicle, remember that many others on the road are not so relaxed. Battling long-distance drives with a family in tow, through stop and go traffic jams make for a tense drive. Road rage is particularly common during this time and in the interest of safety, drivers should practice extra care and patience when trying to get the job done.

When inclement weather strikes during the busy travel time, it is imperative you are prepared to deal with on-road emergencies by having ice scrapers and bushes inside the vehicle and be sure the engine is properly maintained. Snow tires may be required for the terrain you travel regularly so make sure your employer isn’t neglecting such safety protocols.

The holidays are meant to be enjoyed and a car accident can seriously take the fun out of the season. Practice safe driving protocol even if the other drivers on the road are not.

Legal Guidance Necessary In Light of Workers Comp Board Rule Changes

Thu, 24 Nov 2011 08:00:00 EST

Filing workers compensation benefits in New York State has been getting more and more complex thanks to the ever-changing rules and regulations. Because of the Board’s recent decision to refuse long-term care of chronic pain, many who are in genuine need of extended coverage may not get what they need.

The changing rules and regulations makes it almost a necessity that injured workers consult with a legal professional about their workers compensation case to ensure they understand and follow the changing rules. Injured workers suffering from chronic pain may not get the coverage they need and may have to file for a variance. It can be a complex road that is best taken with a legal professional by your side.

Being injured at work is disruptive enough. Losing time at work and the income you rely on makes it hard enough to make ends meet each month. With the added burden of having to cover the costs of medication and treatment that has been denied can make it virtually impossible to live.

Many feel that the Worker’s Compensation Board is trying to hurry workers into getting better too fast. Critics have said that injured workers who can not recover in three month’s time can forget about getting help. Since there are a wide range of on the job injuries that require long-term care, it can be difficult to focus on getting better while worried about keeping your job, especially with the economy the way it is.

It is in your best interest to get at least a free consultation about your worker’s compensation claim for an injury on the job. A legal guide can help you navigate the changing waters of the compensation rules in the state of New York. You can contact our office toll free at 866-205-2415 or use our confidential online form to learn more about the services we offer to protect your rights as an injured worker. We can help you with your initial claim as well as any subsequent denials being issued.

When Your Practical Jokes Hurt

Wed, 23 Nov 2011 08:00:00 EST

The camaraderie between co-workers is often genuine. Since people work together every day for years on end, many workplaces are a comfortable place to go each day. However, sometimes that level of comfort results in employees ignoring basic safety rules to their own detriment.

The safety rules within a company are established for a reason and they are meant to protect the health and safety of everyone on the job. One specific rule most companies have centers around horseplay or goofing off with those you work with. Even the happiest of workplaces are at risk when employees play around, being physical or playing practical jokes. The reality is someone can get hurt rather seriously during the fun and games.

What occurs in the workplace affects everyone. Practical jokes and pranks have been known to get out of hand without intent, leaving workers injured and unable to perform their job duties. Not only is the injured person at risk for losing income during recovery from their injuries, the parties responsible for causing those injuries may also be out of a job.

It is a wonderful thing to work in a place where everyone gets along well. It definitely can boost productivity and employee morale. However, fun and games should not be a part of the workday in order to protect all for those in the work environment. The protocol for safety is set in place for a purpose and violating those workplace rules of safety and basic etiquette can mean trouble for you and for your co-workers.

Keep the fun and games outside of the workplace. If you have been injured on the job due to someone else’s neglect of safety rules, you may have a claim for worker’s compensation. Contact our office toll free at 866-205-2415 or use our confidential online form to discuss your case further.

Unexpected Deaths on the Job Affect Co-Workers

Wed, 23 Nov 2011 08:00:00 EST

When an unexpected accident occurs on the job, seriously injuring or killing a worker, there is cause for concern about the after effects on those who worked near the victim.

In a recent headline where a tunnel worker was killed by a chunk of falling concrete, the construction company responsible for the job site and for hiring the worker who was killed has agreed to pay for the costs of counseling as needed by the victim’s co-workers.

Grief counselors are often brought in when an accident on the job claims the life of another worker. Those who are working alongside the victim have been known to suffer from many issues as a result of the accident, including post traumatic stress disorder. It certainly is not easy to witness the injury or death of a fellow worker and the effects of this can be long-lasting.

Being present when a friend and co-worker is injured or killed can provoke many feelings of guilt and ‘woulda-coulda-shoulda’ even if there was nothing that could be done to prevent the accident from occurring. Freak accidents occur on the job all the time which are out of the control of everyone but still make people worried there was something that could have been done.

If you have been a witness to the accidental injury or death of a co-worker or were present when the accident occurred, it may be important for you to see counseling with the help of a qualified therapist. Many people develop chronic problems that affect their health and welfare, including their performance on the job.

If you have had problems sleeping, developed fears and phobias about going to work, or can’t stop thinking about what happened, it may be in your best interest to schedule an appointment with a qualified therapist who can help you through such a life-changing event. If you resist counseling, you could become a danger to yourself, your family, and everyone you work with.

If you have been the victim of an on-the-job injury, you need the guidance of a legal representative. To discuss your case with a free consultation, call our office toll free at 866-205-2415 or use our confidential online contact form.

Restless Leg Syndrome a Danger to the Workplace

Wed, 23 Nov 2011 08:00:00 EST

The symptoms and side effects of restless leg syndrome can be a hazard to your job in two very important ways. The consequences of restless leg syndrome can not only put you in harm’s way, it can also compromise the safety of all those working around you.

Here is an overview of the two primary concerns about restless leg syndrome:

Lack of Sleep

The symptoms of RLS often cause people to have their sleep disrupted. Waking often during the night to walk around and relieve the symptoms of RLS means you are not getting adequate or proper quality sleep. This can cause mistakes and confusion during your work day. If you lack sleep, you may not be able to think clearly or react to dangers on the job. This puts you and your co-workers at risk for accidents, injuries, and even death.

Medication Treatment

There are some medications which doctors have been using to treat restless leg syndrome and alleviate the symptoms of the medical condition. However, many of these medications can cause risks to the patient because they promote drowsiness and have the ability to cause dependency among users. Drug use on the job can seriously impact how you work and can even be cause for termination, especially if something goes wrong. Even sleep aids can disrupt your life, leaving you tired or prone to oversleeping and missing work time. Being late or missing work can be infractions that are cause for termination.

If you are being treated for restless leg syndrome with prescription drugs, you need to evaluate the effect it will have on your job. It is certainly recommended that you speak with your doctor and get a letter informing your employer about your diagnosis. Depending on what kind of job tasks you perform, you may not be able to stick with your regular work schedule, especially if the health and safety of the workforce is in question. Report medications you are taking under a doctor’s care to prevent you from being fired for drug use and its side effects.

Thinking About Living Arrangements for Adult Autism Disability

Mon, 21 Nov 2011 08:00:00 EST

When it comes time to apply for Social Security disability for autism in New York, many people also start looking at long-term placement options and living needs. There are several options, depending on the autism spectrum disorder that your loved one suffers and how well he or she is able to complete activities of daily living:

Long-term care facility. This may be necessary if your loved one needs constant supervision and complex medical care.
Group home. A group home can be a great option for those who can tolerate some self-care, but still need help with meal preparation, housekeeping, and personal care.
Foster home. Some disabled adults are able to find placement in foster homes that can provide help with daily needs and also focus on teaching living skills and arranging activities outside the home.
Living with relatives. If you need additional support to keep your loved one at home, there are some programs available through entities like Social Security disability and Medicaid.
Living independently. Living independently can be an option for high-functioning individuals who are able to take care of their own daily needs. Many providers offer assistance for those living independently for issues like handling finances and navigating systems like Social Security disability.

The White Plains disability lawyers with Markhoff & Mittman are here to answer your questions about New York disability for autism spectrum disorders. Give us a call at 1-866-205-2415 to schedule a completely free legal consultation.

Flu Protocols for the Sick Worker

Fri, 18 Nov 2011 08:00:00 EST

With flu season full steam ahead, it is important for worker's to review protocol about sickness and your work commitments. Most employers allow time off from work to take care of your seasonal illnesses but they may also have protocol for handling these illnesses that you better heed or be at risk for disciplinary actions.

When you have caught the flu bug, it is always advisable to refrain from going to work and keeping the virus active in the work environment. If you are unsure if you have the flu, it is advisable to visit the doctor early on to ease the length and severity of your flu symptoms. A trip to the doctor should also include a work note that lists the doctor's recommendations for missing work. Many employers have specific guidelines for sick days and how long you are out before a sick note needs to be produced. To be on the safe side, provide the work excuse as soon as possible so your employer will know what to expect from you.

Depending on your job duties, you may be able to put in some time at home so you do not fall behind in your work commitments. Ask your employer if you can perform work tasks at home as you feel up to it. Not all will allow work from home so you may need to provide some tips and direction for your temporary replacement while you are recovering.

Prevention is often best in the case of flu and other seasonal ailments. Get a flu shot and eat healthier during the change of seasons. Be sure to increase basic hygiene practices in the office including washing hands often, not coughing and sneezing on everyone in your workspace, and getting plenty of sleep every work night.

Cyber-Bullying Can and Does Turn Deadly

Thu, 17 Nov 2011 08:00:00 EST

Newspaper headlines have unfortunately been featuring a multitude of headlines about the suicides and physical violence that is erupting among today's youth over things said on the Internet. Bullying has long held a place in American schools but today, cases of bullying are involving younger and younger participants.

Living in the age of the Internet, kids are now being bullied in a new way - one that is more high-profile and dangerous than bullying tactics of yesteryear. But it is not only kids who are reaping the consequences of unfair Internet play. Many adults have been embroiled in physical, verbal, and mental abuse situations thanks to the popularity of social media sites and user-sharing sites like YouTube.

Some of the more common headlines of physical violence and fatalities stem from one's posting of malicious videos, photos, or words on the Internet about friends, family, and co-workers. There have been extreme cases where bullied workers returned to the office with a gun in hand, killing or injuring people they work with everyday because they have reached a breaking point.

The Internet can be a place of networking and career-boosting opportunities but it can also be a place where cyber-bullying gets the best of a human being. Violence on the job is becoming more common when social media plays a role in hurting another's reputation.

For those tempting to bully online, know that laws are being enacted and enforced to prevent such activities and to make it a crime. For those who have been or are being bullied online by a co-worker or anonymous individual, be sure to report the activities to your supervisor, family, and law enforcement before the situation gets completely out of hand.

Pedestrian Versus Vehicle: Work Accidents With Consequences

Thu, 17 Nov 2011 08:00:00 EST

The so-far unexplained death of a highway worker is not an uncommon occurrence on the job. There are many deadly accidents involving pedestrian workers that perform their job tasks around motor vehicles and many accidents where the driver of a work vehicle has been killed.

Injuries sustained from pedestrian versus vehicle accidents can be serious and long-lasting, producing chronic pain and long-term medical care. Injuries can range from broken bones to traumatic head injuries and like the case in Mamaroneck can lead to the death of the victim.

Great care and proper training is a requirement for workers who operate or work around heavy equipment. Those like Robert Delvecchio who work on New York highways and side roads face danger daily as they are prone to working around the general public who are driving vehicles too fast in construction zones. Employees in construction, public works, law enforcement, and utility services face great risks each day having to not only protect their own health and safety but also be alert to the health and welfare of their co-workers.

So far in the case of Mr. Robert Delvecchio there has not be a conclusive answer into how the accident occurred and no charges have been filed against the driver who allegedly hit him that morning. There could be many scenarios in this case but ultimately a worker just doing his job lost his life and his wife and young son lost a vital piece of their lives in the process.

If you or a loved one was injured or killed on the job, it is important to ensure your legal rights are protected. Talk to one of our experienced attorneys by calling toll free at 866-205-2415 to schedule a free consultation or use our online confidential contact form for more information.

Breathing At Work Can Cost You Your Health

Thu, 17 Nov 2011 08:00:00 EST

There is a common occurrence among workers who work day to day with hazardous materials. Many become so used to the smells and presence of potentially hazardous materials in their workplace over time they begin to slack off on utilizing the proper protective gear and protocol provided by employers.

Even with thirty-plus years of working around hazardous fumes behind you, it doesn't mean you are safe from the consequences of simply breathing in your work environment. All employees should take the time to don proper equipment when working in a potentially hazardous situation where the air quality may not be too great or when coming into contact with hazardous materials you have to touch.

Avoiding safety protocol can be detrimental to your health. Respiratory illnesses, cancers, and other health conditions that are often chronic, long-term, and even deadly, can result from being exposed to harmful toxins in the work environment. If you are working daily in a location or an industry that has environmental toxins, you may develop a health condition that puts you out of work permanently at some point. Many chemical and other toxins can take a toll on the body over time and may not immediately show symptoms until years down the road.

Rather than jeopardize your health and welfare, it is best to follow safety protocol. If guidelines are not in place, it is time to get answers from those in charge. Some employers may skimp on safety measures to cut costs but it is entirely unfair to those working in hazardous conditions day after day.

Be sure to have regular health checkups at your doctor's office if you work in a toxin environment at any time. If you are diagnosed with a condition related to your work, be sure to schedule a free consultation with our office by calling 866-205-2415 or use our confidential online contact form.

Car Wash: Dangerous Jobs in America

Thu, 17 Nov 2011 08:00:00 EST

Busy car washes can be a hazardous place for workers who need to direct their attention to the job at hand. While car wash employees are busy detailing the customer vehicle, there are many other vehicles on the move which pose a serious risk to the health and safety of pedestrians on the pavement.

The recent injuries incurred by a New York car wash employee hurt on the job after he was hit by a Lexus SUV is just one example of how workers who spend time around moving vehicles are putting their safety at risk each day they show up for work.

While the employee was not killed in the latest story, many workers do lose their lives after accidents involving vehicles. Whether the driver had a medical emergency, didn't see the victim, or was driving under the influence of drugs or alcohol it is not yet known. However, there have been many injured workers who suffered injuries when drivers simply made a mistake.

There have been headlines where drivers hit the wrong pedal or was blinded by sunlight and ended up hitting a pedestrian on the roadside. Unfortunately in many cases, drivers have failed to stop at the scene of such accidents because they do not realize they have hit someone.

Highway workers, car wash attendants, and even crossing guards put their lives at risk each day by working around moving vehicles. It is important to remember basic safety rules on the job but also to maintain a constant sense of alertness to avoid being struck by vehicles, especially when drivers are unable to see you. Employers should use proper warning signs to let drivers know where pedestrian workers are located and post speed limits in the work environment.

If you have been injured on the job, speak to our legal team by calling us toll free at 866-204-2415 or use our online contact form for more information.

Healthcare Worker Stress Detrimental to Medical Staff

Fri, 11 Nov 2011 08:00:00 EST

There have been tons of headlines over the years about the mistakes doctors and nurses are making out of exhaustion. Working long hours with the public in potential dangerous situations not only brings up safety concerns for worker's physical health, the emotional toll stress can play on a medical worker's health is certainly a common occurrence.

Stress in any job can have chronic and long-term health effects. In the medical field, stress can be non-stop, especially in busy hospitals, emergency rooms, and within the walls of an ambulance. The responsibilities of car and the harsh realities of mankind can take a serious toll.

While hospital management must contemplate better ways to manage the time doctors and nurse put in to ensure patients are cared for by alert staff, those employed in high-stress fields like healthcare need to heed their own medical advice and realize when too much stress is too much. Often medical care providers ignore their own health despite what they preach to patients they treat.

Mental health of medical care workers is also a concern for healthcare workers. Dealing with people from all walks of life suffering from trauma and their own mental health issues can leave caring medical providers depressed and stressed to their limits. Sadly, other medical staff can also be the root of an employee's poor mental health such as when management tends to treat staff poorly, despite their hard work saving lives.

If your stress levels are on the rise, it is wise to acknowledge it and seek the medical treatment you need to keep your health on track. If you are suffering from severe job-related stress, contact our office to discuss your situation. You can reach us toll free at 866-205-2415 or use our online contact form.

Hospital Shooting Brings to Light Emergency Worker Concerns

Fri, 11 Nov 2011 08:00:00 EST

Two hospital Bronx hospital employees suffered injuries from a gunman's bullet when they were attending to patients and the gunman opened fire. The two employees were not the target of the shooting but suffered injuries from bullet fragments after the shot was fired.

The Bronx hospital was noted in the news to be in an unsafe city location and the shooting is alleged to be gang related. This hospital noted they treat well over 13,000 patients in the emergency room in a year's time and while this episode was the most violence the hospital has ever seen, it brings to light the potential danger emergency healthcare workers face with the public each day.

With injured strangers coming in off the street for a variety of reasons, emergency medical staff has the priority of providing emergency care regardless of the circumstances. Violence against hospital workers is not uncommon, especially when patients with mental health issues are involved.

In the Bronx scenario, the shooting was said to be a situation that carried over from gang member events earlier in the day, with the situation coming to a head in a public hospital waiting room. Not only did the gunman's action threaten the health and safety of hospital workers, he put the general public at risk, including sick and injured patients waiting for help.

Those responding to the public's calls for help including ambulance drivers, first responders, and police officials are also at risk as they daily walk into unknown situations with the intent to help. There is no telling what is waiting on the other side of the door.

Training and certification in responding to emergency situations is vital to the safety of emergency workers as well as hospital staff. Working with the public adds an additional element of on the job safety concerns, especially in a medical capacity.

If you are a first-responder or an emergency healthcare worker and have been injured during interaction with patients, contact our office today to discuss your potential claims for workers compensation to cover your injuries. You can reach us toll free at 866-205-2415 or use our online contact form.

When Healthcare Turns Violent

Wed, 09 Nov 2011 08:00:00 EST

Today's healthcare workers have an increased amount of things to worry about these days. There are new diseases, incurable conditions, and an increased amount of mental health concerns. In fact, there is a real danger to those working with the public who have to face patients that have the potential for violence due to mental health instability.

Many doctors, nurses, and ambulance personnel have been attacked and injured while trying to assist patients in distress. In addition to violence perpetuated on the healthcare professionals, other injuries occur while trying to subdue an out of control patient.

The healthcare industry also has to be proactive about preventing unstable patients from injuring staff in other ways including spreading contagious diseases during an altercation. A bleeding, out of control patient can subject more damage on medical staff than just a black eye or a broken hand.

Protocol and proper training should be a priority of hospitals, clinics, and emergency responders so that all personnel know how to handle the mentally unstable in a manner that is safe for both the patient and the healthcare professional. Those who are in the business of home health may need to take additional precautions in regard to safety measures. In addition to the updated training, personal protective equipment needs to be on hand and appropriately utilized to protect against the transference of disease and other serious health conditions.

Those working in the medical field also need to stay up to date with their own health screenings, vaccinations, and the like. In the event something does happen that results in an injury, notifying administration of an on the job injury is essential.

Interesting Statistics on Dangerous Jobs

Wed, 09 Nov 2011 08:00:00 EST

The 2010 list of most dangerous jobs in the United States based on 2010 statistics is certainly an interesting list. The commercial fishing industry took the number one spot as the most dangerous job, a title the industry has held in the past. Statistics do show that there were less deaths within commercial fishing from 2008 to 2010 but the amount of reported fatalities still keeps the industry listed as the most dangerous job in the United States. The Discovery Channel offers one of the highest-rated shows ‘Deadliest Catch' that follows the adventures of crab fisherman in the Bering Sea, a show that constantly highlights the trials and tribulations of relying on the sea for income.

Most of the others on the list are jobs that have long been on the dangerous list with a few interesting exceptions. For instance, garbage and recycling collectors were not even listed in the top 10 as of 2002. However, there are more people employed in this industry and anyone in a position of having to operate a vehicle or piece of equipment for work are at higher risk for injury or death due to traffic related incidents or by being injured or killed by the equipment being operated.

The logging and timber industry was also once the number one most dangerous job back in 2008. Employees in this field are highly susceptible to injuries and death caused by the operation of large, tree cutting equipment. Other hazards include falling trees, falling from great heights, and logging vehicle accidents.

The reality is that even if your industry is not on the list of the top 10 or even the top 100 most dangerous jobs in the United States, there are likely still risks to your health and welfare. If you have suffered an injury at work and now require ongoing medical treatment, you should consult a legal expert in our office for a free consultation. Our toll free number is 866-205-2415 or you can use our online form to discuss your worker's compensation case.

How Can New York Workers Avoid Work-Related Hearing Loss?

Mon, 07 Nov 2011 08:00:00 EST

As White Plains workers' compensation lawyers, we've seen many New York workers who have slowly lost their hearing over time. For many, a lifetime of hard work has left them with a hearing disability, unable to even hear other people speak. If you are a construction worker, or if you work on any other noisy worksite, you can help to reduce the impact your workplace has on your hearing by:

Always wearing proper hearing protection when you are on the job
Using ear plugs and other protective devices properly
Scheduling regular hearing tests with your doctor or other hearing professional
Taking regular breaks from noisy environments, even when you are using ear plugs
Working further away from loud equipment, such as jackhammers, when possible
Paying attention during ear protection training

Despite taking these steps, many New York workers will still suffer from noise-induced hearing loss over time. If you have lost your hearing to the point that it interferes with your daily life and ability to work, contact a skilled Bronx disability lawyer today at 1-866-205-2415 or 914-946-1452.

Also be sure to request your FREE copy of 5 Deadly Sins That Can Derail Your New York Workers' Compensation Case, written by the White Plains workers' comp lawyers at Markhoff & Mittman, P.C.

Workplace Statistics Highlight the Most Dangerous Jobs

Fri, 04 Nov 2011 08:00:00 EST

The recently released workplace injury statistics show that injuries on the job are still commonplace in every injury and location within the United States. The statistics also highlight the specific incidents and jobs that are prone to claiming the health and even the lives of those doing the work.

Construction work has long led the list of the most dangerous jobs. They account for 1 in 5 workplace deaths each year and for 1 in 10 non-fatal accidents or injuries. This is the highest percentage when compared to other industries and professions.

Workers in construction have many dangers going on at the same time and the job tasks are often intricate, requiring alertness on many different levels. There are five leading causes of construction worker deaths including auto accidents, pedestrian accidents, electrocution, equipment accidents, and fatalities stemming from falling objects.

The leading cause of death on the job is attributed to vehicle collisions which claim the lives of nearly 1,300 people each year. Workers that drive for a living including delivery people, transportation personnel, and professional driver services are at great risk for injuries and fatalities on the job.

The workplace injury statistics also accounted for which states saw either a significant decline or increase in workplace deaths or injuries. At this time, New York is not on either list. Texas was the state with the highest recorded incidents while Alabama, Iowa, New Hampshire, New Jersey, South Carolina, Wisconsin, Wyoming, and the District of Columbia showed 20% declines in the number of deaths in the workplace.

If you have been injured at work, contact our legal team for help with your worker's compensation claim by calling toll free at 866-205-2415 or using our online contact form.

Has Your Disability Claim Been Challenged?

Thu, 03 Nov 2011 08:00:00 EST

If you are disabled and can no longer maintain your work life, filing a claim for disability benefits may be the only way you can survive daily living. However, just because you have filed a legitimate claim doesn't mean that claim will not be challenged by employers or Social Security.

Due to the increasing amount of fraudulent claim filings, investigations into applicants are becoming more commonplace. Before benefits are approved, be assured the legitimacy of the claim has the right to be proven.

Recent headlines show how involved disability claim frauds can be. But for those with legitimate claims, the investigations can halt payments and cause a problem meeting financial obligations in life. Those relying on benefits as their only viable resource for income can be hard-pressed to meet daily expenses not to mention the long-term costs of healthcare and treatment.

Just because your claim for disability has been denied does not mean you are out of luck. Provided your claim is legitimate, you have the right to file an appeal and get the benefits you deserve.

However, the headlines also shed light on the importance of not filing claims that are fraudulent. While many have escaped with the benefits without getting caught, the investigations are getting more intense. Fraudulent disability claims are on the rise but so are claim denials. Investigators have caught scam artists doing everything from running their own business to playing golf five days a week even though they claim they can barely make it out of bed.

Yes there are doctors willing to participate in filing false claims for disability but it is in everyone's best interest to stop fraud from increasing the costs of healthcare and disability benefits for those who truly need it most.

If you need help with your disability claim, contact our law office toll free at 866-205-2415 or use our online form to schedule a free consultation.

Bronx Building Collapse Changed Life in Seconds

Wed, 02 Nov 2011 08:00:00 EST

The recent building collapse in the Bronx that killed one worker and injured another happened within seconds. The men were using a jackhammer near columns in the building when the second floor collapsed on them. The surviving worker said the collapse happened in seconds and he barely had time to escape.

The incident highlights the need for attention and alertness on the job, especially in hard labor jobs like construction. Accidents can literally happen in seconds and change the lives of those involved. In some cases, these accidents can take the life of friends and coworkers without any warning.

While there are no official investigation results available yet, it can cause wonder as to what construction safety measures were in place to keep the collapse from occurring. Workers were digging up the cement floor on an old building. The building owner had already been cited for violating ordinances about the pool hall on the second floor. There was no word on who employed the construction workers.

Construction jobs as well as many other industry jobs involve daily tasks that are often dangerous in nature. For this reason it is important that employers' offer updated and frequent training to cover all aspects of the dangers workers face. Training seminars dealing with safety gear, safe working environments, co-worker communication, and even rescue protocol should something go wrong must be dealt with for all workers.

While one worker did survive the collapse, he was a witness to the ceiling collapsing on his friend and co-worker. This is another consideration of employers for worker safety. In the event something does happen, there should be established resources to offer counseling and grief assistance to help surviving workers cope.

If you have been injured in a construction accident, contact our office for a free evaluation of your worker's compensation case. You can reach us toll free at 866-205-2415 or use our online contact form.

Disability Fraud Hurts Everyone

Tue, 01 Nov 2011 08:00:00 EST

The latest news on the disability fraud charges concerning the Long Island Railroad retirees seems shocking with the amount of money involved. However, fraud of this nature is certainly not a new idea. It is however still harmful to those who are really in need.

The Long Island Railroad retirees who bilked the system out of millions of dollars put those who are really in need at a disadvantage. The LIRR fund was established to help those who were really disabled and could no longer function at a normal capacity. The funds were created to be a ‘safety net' for those who have retired and were became disabled.

The case was blown open when it was discovered that people were fraudulently collecting benefits that were almost comparable to their working salary, leaving those truly in need getting the short end of the stick. Those collecting funds were investigated and found to be out playing golf despite their claims of being unable to stand or even move without pain.

Sadly, physicians are often more than willing to collect their own compensation for helping the fraud exist. There were three doctors found to be involved in the scam that has already paid out $300,000 million in fraudulent funds. The involve doctors made millions by pushing retirees to file for benefits and for performing fake medical tests and signing off on false medical reports. The doctors also made millions from health insurance companies for these phony medical services.

As a result of this type of fraud, all people suffer when the cost of health care continues to rise and benefit applications are declined for those truly in need. While this case may have resulted in arrests, not all incidents of fraud are ever discovered, leaving those involved rich while others continue to struggle.

If you have been denied disability benefits, it is important to protect your rights for an appeal. Contact our office at 866-205-2415 or use our online contact form to schedule a free consultation.

Social Media and Work Don't Always Mix

Tue, 01 Nov 2011 08:00:00 EST

When you are active on the popular social media sites, you may be doing a lot more than letting family and friends in on your daily activities. While some people rely on the power of social media to get ahead at the workplace, there are many more that end up falling victim to social media mistakes.

Social media, especially Twitter and Facebook, have the power to build and to destroy a career. Any employee of a company with an employee handbook should become very clear on the policies concerning social media and the Internet. Otherwise, individuals are at risk for losing the job and their income as fast as you can submit an update online.

People are often naïve in thinking that what they say amongst their friends will not carry any farther but a simple Google search can blow that theory out of the water. Just one wrong post and your job or career can be in jeopardy.

Consider the many news headlines that have outlined public figures posting highly inappropriate things on their Facebook page. It is certainly not limited to celebrities either. There have been many stories about local and even federal government officials showing off way more than they should on their Facebook page. Many of these people have been forced to resign from office and many have lost their entire career.

Even if you are working in a small, hometown office, don't think for a minute that what you say online can not be used against you. You may be inclined to chat about your boss's bad habits among your friends but what goes online can be found online.

If you maintain a social media account, think before you post. Don't post when you are intoxicated, mad, or frustrated, especially about work-related issues. You may not be happy with the job you have now but you may be very unhappy when you lose that stable source of income before you are ready.

Do Bus Drivers Need Hazard Pay?

Fri, 28 Oct 2011 08:00:00 EST

As a bus driver, you are already facing daily job hazards from other drivers on the road. Making frequent stops and driving in rush hour traffic day after day make driving a bus potentially dangerous.

But it appears that traffic is becoming the least of the worries of those commanding buses. New statistics show that there is a significant increase in the amount of bus drivers who are attacked by passengers. Dealing with strangers every hour of the day from all walks of life poses a threat to the health and safety of drivers especially when drivers become unruly. Verbal attacks are often a common occurrence on public bus lines but when things become physical drivers have cause to be concerned.

In most of the violence cases, passengers unleashed violent attacks when drivers confronted them about not paying bus fares. Drivers who have regular routes in unsafe areas of the city have been particularly worried about the possibility of attacks.

Curbing such violence may not be a simple task. But for those injured workers, it is important to know the protocol for confronting passengers who are irate and potentially dangerous. Drivers are also wondering if security authorities on bus routes are something to come in the near future to protect bus drivers from physical violence and injuries on the bus routes with known problems.

With a reported seven attacks each month, it is certain that additional precautionary measures will need to be investigated to keep bus drivers and the passengers they carry safe while on the road.

If you are a bus driver and have been injured as a result of violence against you while on the job, contact our office toll free at 866-205-2415 or use our online contact form to learn more about your rights for worker's compensation.

2010 Death Rates Among Workers Not Declining Yet

Thu, 27 Oct 2011 08:00:00 EST

The Bureau of Labor Statistics released a preliminary report that shows the fatalities among American workers have not declined but it hasn't really increased either.

The numbers for 2010 are very close to what the reports for 2009 showed. Fatalities among workers were calculated out to be 3.5 deaths in 100,000 workers. Within specific industries, there was a higher rate of deaths while other categories of worker deaths actually declined.

Here are some of the highlights of the Bureau's findings:

The number of self-employed workers declined by 6% to 999 workers
Workplace homicides declined 7% which is the lowest number every recorded
Workplace homicides among women actually increased by 13%
Fatalities in the construction injuries declined by 10% from 2009 and are actually down 40% since statistics of 2006
Fatalities among police officers are up 40% in 2010
Workplace deaths caused by fires more than doubled to 109 in 2010 which is the highest tally since 2003

There are many different factors that influence the fatalities in the workplace including the increased number of work hours Americans are putting in on the job. However, the statistics show that still more attention is necessary in regards to workplace safety and that training employees properly is still a key element toward reducing the statistics for 2011 reports.

If you have been injured on the job or a loved one was the victim of a workplace fatality, it is important to consult with our legal team about your rights for compensation. Call us toll free 866-205-2415 to schedule an appointment or use our online contact form for more information.

Medication Affects Sick People Differently

Wed, 26 Oct 2011 08:00:00 EST

When you are battling a bad cold or the flu and are tempted to go to work, consider how any medication, even over the counter pills, will affect your ability to perform your job duties. This can be a huge safety hazard for you and all of your other co-workers. It can also cost you your job.

Prescription medicines or over the counter medication affects different people in different ways. If you are unfamiliar with the way a medication works on you personally, it can be harmful to go to work anyway. Many cold medications cause people to feel drowsy, restless, or nauseated. These bad feelings can lead you to misjudging your job duties and causing harm to others.

If you are on medication and an accident does happen, you could be held liable for the accident and potentially lose your job. Depending on the circumstances, you could be in trouble legally with your employer and out of steady income.

It may always be the wisest decision to stay home and recover from your sickness while you are being treated with medication. Be sure to get a doctor's note from your physician that you can provide to your employer concerning your medication treatment. Missing work to deal with an illness, especially while on medications can be the right choice for both your employment status as well as your health.

If you have been on the receiving end of an injury at work due to someone else's negligence, it is important to know your legal rights about getting hurt at work. Call our legal team toll free at 866-205-2415 or use our online form to learn more information.

Conveyor Belts – No Room for Horseplay in the Workplace

Tue, 25 Oct 2011 08:00:00 EST

Warehouses are one of the most common places where conveyor belt systems are utilized to transport product for loading or unloading. Unfortunately there are many who do not realize the seriousness in which the conveyor belt should be utilized and co-workers have been hurt when playing around on the work floor.

Employees that joke around on the job, putting objects or each other on the conveyor belt system are risking lives. Injuries around a conveyor belt can happen in an instant if an article of clothing or an actual body part gets caught up in the gears. The force at which the belt is moving is enough to cause an amputation to limbs or even prove fatal. For this reason, workers need to be trained to understand the importance of avoiding horseplay and improper operation of the conveyor system.

One of the other reasons we have seen many injuries stemming from conveyor belts is due to a lack of training on the part of the employer. This training should entail not only the proper operation and use of a conveyor belt system but also what to do in the event of an emergency. If workers can not react in appropriate time or do not know how to react if the belt system malfunctions or if someone becomes trapped in the system, injuries will likely be much worse.

Workers should never take for granted their safety around conveyor belt systems no matter how tame they may seem. To not take the conveyor belt safety precautions seriously means jeopardizing not only your own safety but also the safety of everyone on the work floor. Do yourself a favor and pay more attention to the training you receive and respect the power of the machinery you work around each and every day.

If you have been injured due to safety or training neglect on the part of your employers, be sure to call our office toll free at 866-2-5-2415 to schedule a free consultation. You can also use our online contact form for more information.

New York Boom Truck Death Despite Apparent Safety Measures

Tue, 25 Oct 2011 08:00:00 EST

The recent death of a 62-year old bridge maintenance team member highlights the danger of construction site work. John ‘Jack' Lattimore lost his life while working in a bucket truck under a bridge. Lattimore suffered severe head trauma after his head struck the bridge he was working under. He died on the scene before he could be treated.

The frustrating part about this case is that Lattimore appeared to be compliant with all safety measures for working in the bucket of the boom truck. He was wearing both a safety harness and a hard hat at the time of the accident, neither of which was able to protect Lattimore from the head trauma that took his life.

This accident should once again highlight the dangers of working on construction sites with the proper training. Had the co-worker operating the truck not been trained to override the bucket system, the second co-worker in the bucket may not have come away without injuries. Knowing the protocol for emergency safety measures may not have saved Lattimore's life but it certainly can save other construction workers from similar fates.

Investigation will reveal exactly what happened to Lattimore and how he was fatally injured on the construction site's bridge project. In the meantime, construction workers need to heed the warnings and follow their training specifications to prevent other construction accidents like this from occurring.

If you were involved in a construction site accident, it is important to know your rights for worker's compensation and medical treatment. Please contact our office through our online form or by calling toll free at 866-205-2415.

New York MS Disability and Caregiving

Mon, 24 Oct 2011 08:00:00 EST

Multiple Sclerosis (MS) disability can be frustrating for both those affected and those who act as caregivers. Many people with MS are able to function independently at least some of the time, but may not be able to function during an MS flare-up. If you've found yourself in the role of caregiver for a loved one with MS, your Bronx disability lawyers want to remind you to:

Educate yourself about MS and treatments for MS disability
Join a support group to meet others in similar situations
Don't be afraid to accept help
Schedule breaks for yourself to "recharge"
Don't ignore your emotions

Ultimately, caregiving is one of the toughest things you'll ever have to do. It's important to also take care of yourself and work through your own feelings so that you can give your best to your loved one with an MS disability.

If you have questions about applying for Social Security disability for MS in New York, contact a caring and respected White Plains disability lawyer today at 1-866-205-2415 or 914-946-1452. We look forward to speaking with you.

Finding It Hard to Return to Work?

Fri, 21 Oct 2011 08:00:00 EST

If you have been recovering from an on-the-job injury and finally get cleared to return to work, it can be highly frustrating to go back to your job only to learn there is no job to go back to.

Many employers, especially those who have been negligent in the aspects of employee safety, will feed excuses to those employees trying to return to work. Most times, an employer will cite the fact that light duty jobs or those that meet with the restrictions placed on a worker simply do not exist. It leaves the employee in a confusing position.

The reality is in most cases an employer can create some kind of work task to keep an employ occupied as they continue to earn their wage rather than allow the employee to kick back at home and collect. Employers will need to put on their thinking caps and figure out different kinds of tasks suitable for the returning employee if they are restricted from returning to their full-time, regular duties.

Light duty tasks such as office work, answering phones, cleaning, painting, repair, and other tasks are just an example of the work that could be made available to those on limiting restrictions.

If you are in need of legal advice concerning your return to work after an injury, contact our office toll free at 866-205-2415 or use our online contact form.

Don't Rule Out the Need for SSD Help

Thu, 20 Oct 2011 08:00:00 EST

When you find you have been denied Social Security benefits after your initial application filing, understand that the denial stems from something you may have stated in the initial application. With the complex issues surrounding Social Security disability benefits, it is wise to consider getting assistance before it is too late.

You have the right to appeal a Social Security decision made against you but when you go ahead with that appeal it makes sense to ensure you have the right information to prevent another denial. Our offices are experienced in the appeals process for Social Security disability and know that there are many reasons people are denied benefits as a result of their application.

We can evaluate your situation and your need for receiving disability benefits and then help you prepare for the appeal armed with the right information and knowledge. Too often we have encountered people who do not realize the benefits of having an attorney involved in the appeals process. In many cases, the experienced attorney has the insight to know how to handle the appeal to gain a successful outcome.

Check out our list of common mistakes people make in completing the initial application for Social Security disability and if you feel your denial was still wrong, contact our office toll free at 866-205-2415 or use our online form for more information.

Employee Terminated for the Wrong Reasons? Not According to Handbook

Wed, 19 Oct 2011 08:00:00 EST

The recent story about the Florida hotel employee being fired for bearing an American flag pin on his work coat has raised a lot of eyebrows. The man was sent home from work after refusing to take off a pin fashioned into the shape of the American flag, a pin he has worn for two years. The man was fired from his position in the hotel the next day.

It appears the employee was terminated for violating a company dress code. Management had pointed out the specifics in the employee handbook for the reason the man was terminated.

Employee handbooks are supposed to be provided to all new-hires as well as to existing employees should any of the rules change. These handbooks outline the do and do not's for both the benefit of the management and the employees. It is important for employees to read the guidelines carefully to ensure they are following the proper protocol and codes of conduct.

For those who defend the man's right to show his patriotism, the reasoning behind the termination is valid. Those who are showing support of the man's ‘heroic acts' in support of America by refusing to take the flag pin off his uniform are quick to forget about the other side of the coin - namely the handbook rules for those employed by the hotel. While there are limited details gleaned from the news articles, there is likely some kind of recourse the employee can take if he was not given fair treatment in line with being fired.

Understanding the rules and guidelines of where you are employed is the only way to ensure your rights and your position within a company is protected. If you have been terminated from a job without good, justifiable reasoning you may have to seek the advice of our legal team. Contact us toll free at 866-205-2415 or use our online form for more information.

Church Construction Accident Occurs During Safety Setup

Tue, 18 Oct 2011 08:00:00 EST

An accident at a church in Manhattan shows again the dangers of working in construction. The 33 year old worker plunged to his death while trying to set up a safety system for the co-workers on the restoration site.

The investigation has not yet revealed exactly what caused the construction accident but reports of electrocution while working on a ladder was pinpointed to be one possibility. It was also speculated that the victim simply lost his footing and fell nearly six stories to his death.

It's interesting to note that there appeared to be a lack of safety gear in place for those in charge of setting up safety structures. Since the man fell so far down into the main aisle of the church, there was obviously not safety ropes or nets protecting his activities on the job site. He died at the scene of the accident. While no one else was injured during the accident, it isn't always the case. Those on the ground have just as many dangers as those working in the sky.

Falling from great heights has proven fatal for many construction workers who must work on ladders, scaffolding, and roofs to fulfill their jobs. Without the safety ropes to prevent long-distance falls, workers rarely walk away let alone survive such falls. Plus, employees who lose their balance or footing without a safety net are putting those on the ground at risk too. Falling equipment or human workers are deadly to those on the ground below.

If you or a loved one has been killed after falling from a ladder or scaffolding on a construction job site, it is crucial that your case be reviewed by our legal team to ensure rights and compensation for workers is not ignored. Contact our office toll free at 866-205-2415 or use our online contact form to schedule your appointment.

Is the Sun to Blame for Pedestrian's Death?

Tue, 18 Oct 2011 08:00:00 EST

The driver of the taxi cab that hit an 85 year old New York man last week is said to have blamed the glare of the sun for causing the accident.

The driver was traveling east on Pondfield Road when he struck the 85 year old victim. No specific details were released about what occurred during the accident but police on the scene stated that the victim seemed to suffer only mild injuries like cuts and abrasions. However, after the victim was transported to the hospital while still fully alert, he ended up passing away several days later from the sustained injuries.

The driver of the tax has not faced any charges yet but it does bring to light the responsibilities involved with driving a vehicle for a living. Vehicle accidents can happen at any time, even if you are on the clock. The news reports did not say if the cab driver was injured during the accident but he likely had to face facts with his employer.

Driving hazards can spring up at any time, including those courtesy of Mother Nature. Changes in the sun or the driver's direction can cause momentary periods of blindness that leaves the driver unable to see pedestrians or other vehicles on the roadway. They have an added responsibility to drive cautiously for the weather conditions at hand, including not driving too fast when they can not adequately see the road in front of them.

Additionally, pedestrians also need to notice these environmental issues such as sunlight possibly distracting the driver and should take great care to cross roads only after assuring the roads are clear. Too often pedestrians and drivers take unnecessary risks simply to keep moving but when vehicle accidents happen, someone will end up paying a serious price.

If you have been hit by another vehicle whether as a pedestrian or a driver, contact our office for a free consultation. We can be reached at 866-205-2415 or use our online contact form for more information.

Fatalities on Construction Sites Can Be Incredibly Cruel

Fri, 14 Oct 2011 08:00:00 EST

The story about the 82 year old New York man who was killed last week on a construction site was particularly cruel due to the man's age and the fact he was still working hard at the age where most people have gone into retirement. John Hanson was killed on-site when he was hit by construction heavy equipment and then run over by the same vehicle.

This is just another incident highlighting the importance of safety measures on a construction job site. While not many details have been released about the Hanson case, there have been many other reported fatalities all over the country when victims have been hit and killed by heavy equipment operators who could not see them from the location in the driver's seat.

Training is very important as is certification for all those operating heavy equipment vehicles around a work site. In some cases, accidents occur because inexperienced and unqualified drivers are found to be operating vehicles they are not equipped to handle. As a result, people on a job site get hurt and killed when a driver loses control or simple is not ready to handle the responsibilities that go along with the vehicle operation.

Workers not operating vehicles need to be equally trained to be proactive and cautious around equipment while still doing their construction jobs. For this reason, safety courses and proper training programs should be implemented regularly to new hires and long-term, experienced workers alike.

If you have been injured in a construction site accident or a loved one has died from injuries resulting from an on the job accident, it is imperative to speak with an attorney who can protect your rights and fight for your worker compensation or wrongful death claim. Simply call our office at 866-205-2415 to schedule an appointment or fill out our online contact form for more information.

Employers Who Play With Fire Get Burned

Thu, 13 Oct 2011 08:00:00 EST

The US Department of Labor released some frightening statistics recently that showed death by workplace fires cases have jumped considerably in the last few years. With more stringent guidelines by OSHA, it seems natural that employers would focus on basic health and safety standards and actually reduce the amount of deaths occurring from at work fires.

Sadly, fire victims suffering burns have a long road ahead of them. While they can recover benefits from workers compensation, the process of recovery can be excruciating. Not only do the victims suffer the after-effects of a fire injury, their entire family does as well. It can be an emotionally draining experience, especially if the burn injuries result in the death of a loved one.

Surviving burn victims typically must undergo painful surgeries, have multiple skin grafts, and will require physical therapy to resume some functionality. Mental health counseling may also play a role in a patient's recovery as well as in helping a family deal with the trauma the fire has caused.

Fires in the workplace are certainly on the list of the top fatal occupational injuries. Since fires can spring up virtually anywhere, employees in all industries need to be aware of the risks of fire in their work environment. They must all be sure to get the fire safety training they need in the event something does happen on the job. Those who work with fire hazards should be equipped with the right personal protective equipment and be skilled in their job duties to prevent fires from occurring.

If you or a loved one has been injured or killed due to a fire at work, it is essential that you know your rights for workers compensation and wrongful death benefits. Consult with our legal team for free by calling 866-205-2415 or using our online contact form for more information.

You Can Reduce Your Risk of Back Injuries on the Job

Wed, 12 Oct 2011 08:00:00 EST

Back injuries are very common among humans. However, many of the worst back injuries don't just happen, they evolve over time. People actually can help prevent many of the injuries plaguing their back. In fact, prevention is a much better idea than having to treat a problem once it has bee exacerbated.

Exercise is certainly an important part of the equation. Depending on the tasks you perform daily at work and at home, it is important to get in at least 20-30 minutes of exercise a day. This is especially important if you work sitting down for much of the week. Muscles begin to weaken and over time it will become more difficult for you to get around. Additionally, with weakening muscles, risks of back and other injuries are also increased.

Another thing to consider about exercise and your health is your weight. If you are overweight, you have additional pressure on your back and joints. This can also cause weakening of the muscles leaving you more susceptible to injury, especially on the job. Check in with your family physician about your weight and start eating better. You'll help prevent injuries and in general will also start feeling better as a result of a healthy diet and regular exercise.

Back problems can become chronic. When you begin to feel the pain, the damage has already been done. The effects of a back injury can put you put of work for many months, especially if your injuries dictate the need for surgeries. Being out of work with a back injury may also limit what you can do once you are ready to return to work.

If you have begun to experience back pain while on the job, it is important to consult with your physician as soon as possible. If you suspect the injury was related to your current job, you should contact our office toll free at 866-205-2415 to schedule an appointment. You can also use our online contact form.

Rheumatoid Arthritis Can Complicate Your Work Life

Wed, 12 Oct 2011 08:00:00 EST

Rheumatoid arthritis can be painful and difficult to deal with as a condition itself but add into the mix side effects of the treatment medication as well as the other health complications RA contributes to and you may be looking at some serious life-changing issues.

RA is treatable but dealing the pain and the associated symptoms of the condition can make it hard to maintain a functional lifestyle. Additionally, the other medical conditions related to RA can certainly start increasing your medical bills and prescription costs.

Because many who suffer from chronic RA pain and symptoms may not be able to work, income will become very important to cover the costs associated with care. Many job duties will not be able to be performed in an efficient and safe manner by some dealing with RA

Social security disability may be an option for those who are unable to work due to rheumatoid arthritis. In some cases, suffers can hardly get out of bed or walk without assistance. While treatment is available to help keep symptoms under control, many who suffer RA still battle chronic fatigue leaving them unemployable.

Statistics show that one in three RA sufferers will leave work. While this figure does sound high, it is important to note that compared to statistics of two decades ago the percentage of workers that leave now is nearly half of what it was back then thanks to medical advancement. There are many more effective drug treatments on the market today that allow people to function near what is normal for them. But no matter how beneficial medical science as become for RA sufferers, the fact remains that rheumatoid arthritis is still a very difficult condition to deal with while managing family life and a job.

If you have been diagnosed with rheumatoid arthritis and can no longer work, it is important to contact our office to learn about social security disability benefits as they apply to your situation. Contact us at 866-205-2415 or via our online contact form.

Construction Accident Have a Multitude of Dangers

Wed, 12 Oct 2011 08:00:00 EST

Working in construction brings about many potential safety dangers primarily because there is so much going on in one location. Mixing humans with heavy equipment also increases the risk that something will go wrong on a construction site.

Construction safety training must be adequate and up to date to ensure that the safety of all workers is accounted for and that in the event of an emergency everyone on-site will know just what to do. Many lives could potentially have been saved had the proper emergency response protocol been understood clearly.

While reading about auger accidents, there was a situation investigated by OSHA where an auger operator died from injuries sustained in what was a highly preventable accident. The man's death came about for a number of reasons, each of which might have been avoided if more attention to detail was paid by the operator and those around him on the job site.

The operator was putting in holes for posts on a construction site. All of the holes were dug but the final one which was also the only one to be dug on a previously landscaped area of the land. No one took the time to check out what lied beneath the mulch and when the auger operator started to drill, the auger became quickly entangled in fabric meant to prohibit weeds from growing in the area. As a result, the operator lost control of the machine and then lost his own footing. His legs were both amputated by the auger which continued to operate and he was not able to be saved in time, later dying from his injuries.

In addition to the dismissal of basic safety protocol in inspecting the area to be drilled, the operator was operating an auger that was to be mounted on platform to keep him off the area where the hole was being drilled. Had the operator been on the platform, he may not have lost his legs let alone his life.

It just shows how quickly things can go wrong on a construction site and why even basic safety instruction should be practiced and learned often. Construction work can be a lucrative, rewarding career but not worth risking your life over.

Drive Safely Work Week Important Reminder for All

Fri, 07 Oct 2011 08:00:00 EST

With people moving faster and faster each day, it is no wonder the roads are becoming more dangerous. When you earn a living on the road, the risks are much greater if you are involved in an accident, especially when distracted driving on your part has caused the accident.

If you work in a transportation capacity or as a delivery service provider, it can be difficult to stick to timely schedules thanks to the increased amount of traffic sharing the road. At the same time you are trying to focus on the road, you are probably responsible for following directions to locate delivery destination. At the same time, your vehicles radio or your cell phone is constantly on to keep you on schedule. All of these elements create a serious danger to your health and safety on the job. It also makes you a hazard to other drivers. For instance, postal workers who must drive the rural routes create a serious situation just doing their job. Other drivers not paying attention may not realize the mail vehicle is making sudden and frequent stops, causing a potentially deadly accident.

Other transportation-related jobs pose risks too. Transporting criminals, sick patients, or rushing to emergencies all can prove dangerous to those on the road. Distraction often is a part of the job for emergency workers, police officers, and firefighters and if other drivers are not following the speed limits and rules of the road at all time, there will be consequences.

If you have to get behind the wheel each day whether to drive to work or because it is your job duty, make a commitment to stay distraction free. It can take two seconds to pull off to the safe side of the road to answer a phone call. In the same two minutes your livelihood or your life can be taken from you.

If you have been injured in a vehicle accident on the job, contact our office to discuss your rights within workers compensation laws. You can reach us toll free at 866-205-2415 or use our online contact form.

NY Police Officer Proves Workers Fraud Hard to Get Away With

Thu, 06 Oct 2011 08:00:00 EST

A New Paltz police officer shows that no one is above the law when it comes to prosecuting for workers compensation fraud. The officer turned herself in on several felony charges related to filing false workers compensation benefits claims to the tune of $50,000.

Like many cases of workers compensation fraud, the perpetrators do not typically get away with committing these crimes without consequence. There are increased efforts by insurance companies and employers to stop these fraudulent claims as soon as possible.

More investigators are making a living by following around workers compensation recipients who have proven their employers need to be suspicious of their motives. This is especially true in light of the state of the nation's economy with more people struggling to make ends meet living paycheck to paycheck.

It may be tempting to think you can cheat the system. But in doing so you also cheat the honest workers who have been hurt on the job through no fault of their own. Additionally, the risks of being found guilty of committing workers compensation fraud only adds to your financial worries. The officer in New Paltz is being indicted on several felony charges stemming from one incident. Not only will she face the legal fees, she will also face living part of her life in jail.

Workers compensation fraud is increasing and for those who are honest about their injuries, it certainly can affect how they receive benefits. Intentionally defrauding the system will have much stiffer consequences than your inability to make monthly bill payments.

Zadroga Fund's Coffers Filled Once Again

Wed, 05 Oct 2011 08:00:00 EST

With a recent restart of the Zadroga 9/11 Health and Compensation Act, congress has set aside an additional $2.8 billion dollars in funding to compensate and treat the various medical conditions surrounding the terrorist attacks that occurred at the Twin Towers site in New York City on September 11, 2001.

For applicants that never got to take part in the original fund established by Congress that provided $6 billion in funds, this is the second opportunity to complete an application. The funding application process is open to all workers, residents, surviving victims, and rescuers on the scene who have subsequently been diagnosed with medical conditions after being exposed to toxins at Ground Zero.

This time around, applicants who were previously denied eligibility or who missed application deadlines now have the opportunity to seek compensation and funds to cover ongoing medical treatment.

Many of the residents and workers at Ground Zero in the months after the attacks are now being diagnosed with a variety of medical conditions and diseases, especially respiratory issues. World Trade Center dust clouds are believed to be responsible for workers developing asthma, sinus conditions, lung cancer, heart disease and post-traumatic stress disorders.

Because of the intensity and large-scale reach of the dust clouds stemming from the collapse of the towers, many residents of NYC were exposed to the harmful toxins that are believed to have led to the serious medical health problems and linked to the deaths of those associated with the September 11^th rescue efforts.

The special master of the fund will be releasing more details on when the applications will start being accepted. In the meantime, those who were injured or have been diagnosed with WTC-related illnesses can get the necessary information from the fund's website to prepare for the filing of the application.

If you have questions regarding your work at Ground Zero after the 9/11 attacks, contact our office to schedule a free consultation. You can reach us toll free at 866-205-2415 or use our online contact form.

Crush Syndrome Has Devastating Effects

Wed, 05 Oct 2011 08:00:00 EST

Working in a dangerous environment often puts workers on edge, especially when large equipment or big materials are being used on a job site. While situations that trigger crush syndrome are not typically common, any worker can be at risk throughout their work career.

There have been many national headlines involving people being trapped under equipment, under collapsed scaffolding, or crushed after a building collapse. When situations like this arise due to co-worker or employer negligence, a chaotic environment can quickly become reality. Co-workers need to know how to properly handle a trapped person situation in order to keep order on the site and save the victim's life.

When the body is being crushed, it is only a matter of time before damage becomes un-repairable and the victim succumbs to their injuries. It is for this reason that an action plan be established to ensure workers know how to react in order to keep themselves safe while at the same time providing assistance for the victim/victims.

For the same reason, employers need to take extreme care about establishing preventative safety plans to increase the chances that accidents will not occur on the jobsite and all workers will be safe. Training for proper equipment usage and safety procedures for handling large materials is key to keeping employees safe.

Being trapped and crushed under excessive weight is a horrible thing to endure. Physically the patient suffers immensely while his family and co-workers are left devastated by such a random, tragic accident.

If you have been injured at work after being trapped, or have a loved one whose life was taken due to a collapse on a jobsite, it is important to get the facts about workers compensation and wrongful death rights. You can contact our office for a free consultation by calling toll free at 866-205-2415 or using our online contact form.

Are You Just Too Darn Nice At Work?

Wed, 05 Oct 2011 08:00:00 EST

While our recent article about using manners on the job discusses several key issues about workplace etiquette, there are other factors involved with being too nice at work that should be noted. While the points covered in this post may not be directly relevant to health and safety concerns on the job, it is something for employees and employers to think about.

When a person is too nice at work, it can spell trouble for the entire environment, namely because this polite person may also have the propensity for being a pushover. This can trigger multiple consequences such as other people not doing their jobs simply because someone else will. The nice person may even become a scapegoat for workers who are not doing what they are supposed to do. When things go wrong, the finger of blame is often pointed at the too-nice person who is even too polite to defend themselves.

When the too-polite person is a supervisor or part of a management team, their extreme etiquette can become more dangerous. Workers who feel they can get away with things because their boss is not aggressive enough can create potential work hazards. Being too nice as a supervisor can mean that employees who should be disciplined are not receiving prompt attention when safety situations arise. Even something simple as horseplay on the work site can result in fatalities. Supervisors need to be able to speak up without fear of hurting people's feelings. Otherwise, they are putting the whole work force at risk.

Basic manners are absolutely necessary but there must be a line drawn between being polite and being a pushover. Using common words of praise, gratitude, and generosity can carry a lot of weight among employees, co-workers, and management teams - not to mention the fact that common courtesy and happy people make for a much more pleasant, coordinated work environment.

New York Disability and Cortisone Shots for Joint Pain

Sat, 01 Oct 2011 08:00:00 EST

If you are applying for Social Security disability in New York for chronic joint pain, your doctor may have you try cortisone shots to help relieve your pain. Few people really like needles, and I've heard a lot of clients express concern about the shots and how they work. Here's a little more information for those who are about to get their first cortisone shot for disabling joint pain.

What Happens During the Cortisone Shot?
You will be positioned so that the doctor can get to the joint that is bothering you; that area will be cleaned. The doctor will insert the needle directly into the joint and you may feel some pressure. The medication is delivered to the joint through the needle and the needle is then removed.

What Should I Expect After the Shot?
You may notice redness or a feeling of warmth in your chest or face after the shot. The site of the injection may be painful for a day or two, so be careful to protect it and take it easy on that joint. You can apply ice to the injection site to help relieve any pain.

If pain, redness, or swelling persists for more than 2 days, speak to your doctor immediately. It could be a sign of infection or other problem.

It's important to ask your doctor how to prepare for the appointment, as diabetics and patients taking blood thinners may need special instructions. If you have any questions about Social Security disability for chronic joint pain, contact a White Plains disability lawyer today at 1-866-205-2415 for a free legal consultation.

Are You Ready for the Fall Transition?

Fri, 30 Sep 2011 08:00:00 EST

Commuting to work each day requires a preparedness that is seasonally based. Now that fall is upon us, there are some considerations to make to ensure you are safe and ready for many of the different weather-related and seasonal events.

For the fall season, it is important to remember that the trees are losing their leaves and wet weather will be more frequent. This can be a danger to those who are driving on the roads as well as those who walk or bike to work. Wet leaves on the roadways can make for hazardous conditions. Leaf-covered roads can become quite slippery for shoes and tires alike, leading to vehicle accidents as well as pedestrian slip and falls. Be sure to get your vehicle's tires checked for tread depth to keep you safe on the road. Invest in weather-appropriate footwear for your walk to the office.

Another aspect of fall means it is the beginning of flu season. Being sick can put you out of work for several days and in some cases even land you in the hospital if the illness proves too much for you to handle. It is important to consult with your family physician about preventing the flu with appropriate shots and overall attention to your health. Missing too much work for colds and flu can jeopardize your job stability but it is also important for the safety and health of others on the job that you do not report back to work until you are no longer contagious. Be sure to wear weather-appropriate clothing to work and carry an umbrella. Treat illness symptoms under the advice of your doctor so you can avoid missing work as much as possible.

Fall is a beautiful time of the year in New York but it's wise to be prepared for the change of seasons in order to avoid injury and be healthy as possible.

Is Your Lack of Sleep Related to Underlying Medical Issues?

Thu, 29 Sep 2011 08:00:00 EST

There are a lot of employees around the country who have shown up to work a time or too more tired than they should be. But if you are showing up for work tired all the time due to your inability to sleep, it may be the result of other, more serious medical problems.

Insomnia and sleep disturbances are common, especially if you are a stressed out employee. Many of our clients have no idea how much damage stress on the job can do to their bodies and their overall health. It is only after they have been hurt on the job or suffered from medical issues triggered by stress that they truly realize the impact stress has been having.

Sleep disorders of another kind may also be the root of your inability to sleep. Sleep apnea and restless leg syndrome can cause you to remain awake all night long or wake up frequently during fits of sleep. Sleep disorders can range from mild to very serious and in some cases prove fatal if not treated promptly.

If you find you are often too tired to go to work or so fatigued that your performance on the job becomes a danger to others, it is important to get a proper medical diagnosis. Leaving a sleep issue untreated is not only going to be a danger in your workplace, it will also be a serious hazard to your health.

If you have been injured at work because of a co-worker's negligence, it is important to make sure that you have your rights to compensation protected. Consult with our legal experts by calling toll free at 866-205-2415 to set up an appointment. You can also use our confidential online contact form.

Falling Back in Time: The Affect of Time Change on Workers

Thu, 29 Sep 2011 08:00:00 EST

It is almost time to turn the clocks back again. Fall is the season when the temperatures begin to drop and the leave offer a spectacular visual. But it is also a time when the change of time can mess up a worker's internal clock. It can be confusing to the mind to wake up in the dark and come home from work in the dark so it is important to adjust your daily life to the changes to stay safe.

First, it is important to get enough sleep. When we ‘fall back' with our time, we do gain an hour's time but it is important to remain on a sleep schedule to ensure you are getting enough sleep each night. It will take your internal clock some time to get used to the time change but remain on a good sleep schedule and get the 8 or more hours you need to function well at work.

Secondly, the time change can be a hazard to drivers on the road when dusk comes during the rush hour traffic times. Be sure that you have the company vehicle checked for mechanical issues and to ensure the headlights and signals work properly. Most workers will be commuting during a dangerous time of the day, just as the sun is setting. This makes it difficult for drivers to see each other and pedestrians. Be sure to turn on your lights and pay close attention during your daily commute as it begins to get dark at an earlier time.

If you have been injured on the job or hurt in a vehicle accident during work hours, it is important to ensure your medical treatment costs are covered by the responsible party. Contact our office toll free at 866-205-2415 to schedule a free consultation.

Washington DC Crane Collapse Another Example of Construction Safety Issues

Wed, 28 Sep 2011 08:00:00 EST

Right before Washington DC's National Cathedral's commemoration of the events of 9/11's 10^th anniversary, a serious crane collapse landed a crane operator in the hospital and forced event coordinators to find alternate locations for the national events.

The National Cathedral was damaged after an earthquake rocked the east coast. The 100 year old structure sustained damage and was being repaired by construction workers. There was a crane on site to aid in repairing the damage which subsequently toppled while the crane operator was still in the cab. Due to the many 9/11 Anniversary events around the country, the crane collapse was not part of the news headlines. Luckily, the only injury reported was to the crane operator who was released the same day from a local hospital.

There are crane accidents occurring across the nation every day and much like the one at the National Cathedral, these incidents go largely unreported. In this case, the company responsible for operating the crane was previously cited on two occasions by OSHA for failing to follow health and safety regulations and thus putting construction site workers in jeopardy. While OSHA certainly takes these issues seriously, construction dangers often swept under the rug until something as serious as a crane collapse occurs. The additional injuries on the job site occurred when two workers where trying to take apart the toppled crane the day following the accident.

The Washington DC crane collapse highlights once again the need for strong safety regulations on construction sites as well as the need for vigilance among construction employees. Construction work is one of the most dangerous careers in the nation with one out of every 5 fatal work-related deaths occurring in the industry.

Workers that have been injured on a construction site need to protect their rights and ensure their medical needs will be met. For more information about workers compensation benefits for injured construction workers, contact our office toll free for a free consultation at 866-205-2415 or by using our online contact form.

Got Allergies? Get Medical Help

Tue, 27 Sep 2011 08:00:00 EST

The local drug store offers tons of options for curing your medical ailments. This is very true for sufferers of the flu, the common cold, and allergies. Unfortunately, many people will forgo an actual medical diagnosis and instead choose to pay a couple bucks for over the counter medications rather than miss a lot of work or spend money on their co-pay.

While OTC drugs can help in certain situations, those who are suffering from chronic medical issues including allergies need more than a drugstore visit to get to the root of the problem. Medical intervention should be the first step in treating a chronic problem no matter what it is. In some cases, more serious medical issues can be the cause of what ails you but their symptoms can mimic less dangerous issues. In other words, you may be self-treating what you think is a drawn out cold but in reality you have a serious respiratory infection that needs a doctor's care.

Another danger of not getting a medical diagnosis for health issues is mixing prescription medications you take for other reasons with over the counter medications. Since a pharmacist or doctor is not monitoring the mixture of drugs, you may be causing yourself more serious medical issues without even realizing what you are doing. Over time, this mix of medications can take a serious toll on your health.

Additionally, mixing medications without the supervision of a medical professional can prove to be dangerous for others. For instance, if you are taking OTC medications with prescription medications you can be putting your co-workers as well as yourself at great risk. If medication mixtures cause dizziness, drowsiness, or other complications that impact your job, you are putting yourself in the position of hurting yourself or others during every work day.

If you have been hurt on the job because of someone else's negligence, it is important to know and protect your rights. Call us toll free at 866-205-2415 or use our online contact form to schedule a free consultation.

Worker Stress is Affecting Too Many Employees

Fri, 23 Sep 2011 08:00:00 EST

Co-workers will often joke about the amount of stress they undergo on the job but now research is proving it is no laughing matter. Workers who are consistently under stress on the job have been found to face many more heath issues than others without unmanageable workloads.

Stress can lead to many medical issues and conditions. Too much stress can lead to fatal consequences and it is time that workers started to pay attention to how their job truly affects them. From back pain to migraines, from heart problems to strokes, individuals who show up to work every day but are not happy with the amount of stress in their workplace environment are susceptible to more sickness and even fatalities than other workers.

Studies indicate the strong need for proactive measures on the part of a company's management. For instance, instituting health and wellness programs can teach employees how to deal with job stress and live a healthier life. It will also be necessary for management teams to check in with the way job duties are structured to ensure employees are not overtaxed by too much work resulting in stress.

With more than one-fourth of the disability claims filed that are attributed to job stress, it is apparent that more attention needs to be paid to the affects of stress on a human's body. Employers need to be aware of the work environment they have created for workers and employees need to pay attention to the signals their own bodies are giving.

Consequences of too much stress can prove fatal and not just to older workers. Even younger generations of employees have been put out of work, in the hospital, or have passed away from medical conditions that are the direct result of stress.

If you need assistance filing a claim for disability contact our office for a free consultation at 866-205-2415 or use our online contact form for help.

Can a Hip Replacement Result in Workers' Compensation?

Wed, 21 Sep 2011 08:00:00 EST

Hip replacements are costly and generally take people awhile to fully recover. If you or a loved one has needed hip replacement surgery due to getting hurt at work, you should seek compensation for the injury. A workers' compensation claim is generally a good place to start for all work injuries - but hip related injuries may also result in your inability to return to work for a year or more in some cases. If your injury keeps you out of work, you may be entitled to Social Security Disability Benefits, too.

Hips bear much of the body's weight and healthy, pain-free hips are needed for movement and performance for most job duties. When you have pain in your hips or damaged hips, you will have a limited range of motion and in some cases an inability to complete your job responsibilities.

This type of work injury may cause permanent disability and ongoing loss of income. For some, having a hip replacement surgery can get them back on their feet and back to work; but for others, hip injuries with or without surgery will prevent them from ever getting back full range of movement or resuming their job duties.

Contact Us

If you need assistance getting the medical attention and financial recovery from your hip injury, contact us today. Markhoff & Mittman are experienced New York workers' compensation lawyers who have successfully handled New York workers disability and workers compensation claimsfor nearly seventy-five years.

Demolition Jobs Increase Construction Accident Risks

Wed, 21 Sep 2011 08:00:00 EST

There are a number of reasons why a building may need to be demolished - from faulty construction in the first place which makes the building unsafe, to storm or weather-related damages, to extreme situations such as the events of 9/11 on the World Trade Center in NYC. Construction companies are called in to take out the building on demolition jobs, which increase the potential for various construction accidents.

Asbestos & Toxins

Before demolition can begin on a building with asbestos, the contractor must ensure OSHA standards for demolition are met- including calling in qualified asbestos removal experts should be called in to remove the toxins so that they are not released into the air during building demolition. If you've been involved on a demolition job and exposed to asbestos that have lead to illnesses, you need to seek advice from a workers' compensation attorney. Other toxins found in older buildings should also be carefully removed by qualified technicians prior to demolition.

Unknown Demolition Hazards

Part of the problem with demolition jobs is the number of unknown hazards lying under the surface of the building materials. There could be approved or unapproved changes to a buildings design with materials hidden and unknown strength of certain materials. Hazards of demolition must be handled with safety precautions to avoid construction injuries and deaths in this dangerous job.

If you have been involved in a demolition construction accident, call NYC workers' compensation lawyers for a free consultation. If someone you love has been injured or killed on the job - we can help.

Lying for a Day Off? Better Plan for Unemployment

Wed, 21 Sep 2011 08:00:00 EST

While there are a ton of excuses employers have heard over the years from employees looking for a break, it is not wise to follow their lead if you plan to keep your job. Employers may not have control over what you do in your personal life but what you do in your personal life can reflect badly on your position at work.

It is never recommended that you show up drunk for work. First, you are a liability to your employer and second, you are hardly offering the professional image employer's wants. Situations where your personal life bleeds into your work life can have disastrous consequences, especially if you don't show up for work the next morning.

Poor excuses are not the only thing you need to avoid. With the social media frenzy a part of nearly everyone's life, what you say on Facebook (about your boss, co-workers, job duties) can be held against you. You may call in sick to work on Monday but if you posted every hour from that party on Sunday night, there could be repercussions.

The only way to deal with emergencies is to be honest and do what you can to respect your job and your employer. This does not include using lame excuses to get a ‘mental health' day. Preplan days off when you need them and if you do have a legitimate emergency, take the appropriate measures to be sure you are not leaving your job hanging in jeopardy.

With the high rate of unemployment, the chances are very strong that someone new is waiting in the wings to take over where you left off.

Accrued Leave And Workers' Compensation

Fri, 16 Sep 2011 08:00:00 EST

When a worker is hurt on the job, many assume workers' compensation will automatically "kick in" immediately. This is not how the system works and employees should understand that benefits are not available immediately. After sustaining an injury on the job, the injured worker must follow certain procedure to ensure benefits will be paid in a timely manner. This included immediately reporting the injury to the appropriate person at your place of employment and seeking treatment right away.

While these are two of the most important steps in properly handling a situation at work where you are hurt, they are not the only steps. Filing a claim and receiving benefits is not a process which happens instantly, therefore you must understand how you will get paid for time off until benefits kick in.

For those workers who have accrued leave such as sick days, vacation days and other paid absences, these benefits may be used as payment until workers' compensation benefits begin. The rules may vary depending on the state in which you live or specific agreements in your employment contract, however it is common for employers to require the use of accrued leave as payment until workers' compensation coverage begins.

For those who do not have any type of accrued leave or benefits, it may be up to the employer to either pay for time off as a sort of "good will" gesture or missed time may go unpaid until other benefits kick in. It is important to know how the law works in your state to ensure you are not missing out on benefits to which you are entitled.

Returning To Work After An Injury

Fri, 16 Sep 2011 08:00:00 EST

Going back to work after suffering a work related injury requires some degree of transition on the part of both the injured worker and their employer. Depending on the type of injury and how long the worker has been off duty, the return to work may require adjustments of job duties or reduced hours. Understanding how to transition back to work after an injury and what to expect with your workers' compensation claim are important to guarantee all benefits are received.

Before returning to work, the employee must first notify the workers' compensation board as well as their workers' compensation attorney. This will prevent any future problems in terms of benefits paid while receiving paid wages from your employer. Failure to notify the workers' compensation board may result in legal ramifications if the employee is receiving both full benefits as well as earning wages from their employer.

Returning to work after an injury does not automatically mean your benefits will stop. If you still need treatment for your injury you should continue to receive medical compensation for any doctors visit or treatments required.

The most important thing to remember before returning to work is making sure all parties are informed of any changes in your status. Your attorney can help you through this transition to ensure no laws are being broken while at the same time making sure any benefits to which you are entitled are not jeopardized. Always seek counsel if you are unsure about any situations arising from the return to work after suffering a work related injury.

Chronic Pain The Cause Of Increased Narcotic Use On The Job

Fri, 16 Sep 2011 08:00:00 EST

More and more employers are becoming concerned about the use of prescription drugs used to treat chronic pain in employees. Although legal, many prescription drugs used to deal with chronic pain resulting from work related injuries or other conditions have side effects which may in fact increase the chances of a worker getting injured on the job. This is especially true in occupations which require the operation of heavy machinery, vehicles or other duties where one mistake can result in serious injury.

It is important for any worker who takes prescription medicine to treat chronic paid to understand the side affects of their medication. Any employee who takes narcotics which may impact their ability to perform their job safely is a risk to both themselves and those around them.

In addition physicians must take the necessary steps to ensure patients receiving treatment for chronic pain do not abuse these medications. It is not uncommon for patients to become dependent on pain medication, often taking more than the recommended dose. When this occurs the side affects are even more severe, again increasing the likelihood of an accident.

Employers must be aware of the side effects and be on the lookout for any sign of abuse. If a worker is unable to perform their job safely, steps must be protect co-workers and the public from potential accidents or injuries.

Regardless of the reason behind the prescription of narcotics, all parties must take responsibility for the possible negative consequences resulting from the side affects. With this being said, individuals who suffer from chronic pain should not be restricted from gainful employment if they can manage the use of their medication without jeopardizing the safety of themselves or others in the process.

Commit A Crime And Get Workers Comp?

Fri, 16 Sep 2011 08:00:00 EST

There are many situations which may result in a workers' compensation claim. Workers who are hurt on the job are entitled to benefits if the injury is work related. As a general rule, workers' compensation laws are based on a "no fault" system meaning compensation should be available regardless of who was responsible for the accident. In unique situations however, fault can be a determining factor in whether or not a person is eligible for benefits.

In November 2007, an accident occurred in Illinois where a state trooper lost control of his vehicle while responding to a traffic emergency. The accident resulted in the death of two occupants of a car hit by the trooper's vehicle as well as injuries to the trooper himself. The tragedy may have been avoided had the trooper not been driving recklessly while talking on his cell phone.

The trooper filed a workers' compensation claim which triggered the passing of Senate Bill 1147 and subsequent laws similar in other states. As stated by Illinois Representative Dwight Kay,. "It's simply common sense that taxpayers and employers should not have to pay an employee for an injury that arises out of the commission of a felony while on the job."

This brings up an interesting yet often overlooked aspect of workers' compensation that is not usually considered. Employees must understand that despite laws which protect them and ensure coverage in the event of injury on the job, not all situations will result in benefits being paid.

Workers' Compensation: How To File A Claim

Fri, 16 Sep 2011 08:00:00 EST

There are specific steps which must be taken by an injured worker to ensure their workers' compensation case is handled properly. When these steps are not taken, the injured worker could very well set themselves up for a claim that is denied or a reduction in benefits paid. The New York Workers' Compensation Board provides detailed instructions for employees who have been hurt on the job, giving step by step guidance through the process.

Immediately after an accident on the job, the injured worker must seek medical treatment and notify their employer of the injury. This includes providing details about the accident and how the injury occurred. Written notification of the injury should be given to the employer, in not immediately within 30 days of the incident. A claim form should be filed as soon as possible; employees have up to two years following the accident to file a claim.

While the injured worker is taking the necessary steps on their end, other parties are also involved in the claims process. The doctor providing treatment will send a medical report to the workers' compensation district office within 48 hours of treatment.

This starts the rest of the claims process which includes review of the claim and determination of benefits. Since there are many things that can happen throughout the claims process that may result in the denial of benefits, injured workers are encouraged to speak to an experienced attorney about their case. Although workers' compensation is in place to guarantee coverage for workers injured on the job, the many loopholes and stipulations within the system often result in a loss of benefits. Having a person experienced with the system representing your rights will ensure you do not miss out on compensation for your injury.

What Happens If your Claim Has Been Denied?

Fri, 16 Sep 2011 08:00:00 EST

After dealing with the pain and suffering from an injury which occurred on the job, the last thing a worker should have to deal with is additional problems from a denied workers' compensation claim. Unfortunately this does occur and the reasons behind a denied claim can vary. Regardless of why your claim was denied, the result is the same, the loss of benefits which you should rightly receive to compensate for an on the job injury.

If you find your claim has been denied, it is important to know what steps to take next to get the benefits to which you are entitled. The first thing you must do when dealing with a denied workers' compensation claim is contact an experienced attorney to represent your case. Many injured workers make the mistake of taking on the appeals process on their own which will almost always result in the loss of benefits.

A workers' compensation attorney understands the rules and regulations governing the system as well as laws protecting injured workers. Dealing with insurance companies, doctors and the workers' compensation board is an overwhelming process, one which the average worker simply does not have the information or experience to handle.

When your claim is denied, you must take the appropriate steps to ensure medical expenses and lost wages are not adding to an already stressful situation created by a workplace accident. Discuss with your attorney any questions you may have and provide all information you have already received regarding your claim.

Workplace Safety: Do You Know The Policies Where You Work?

Fri, 16 Sep 2011 08:00:00 EST

In an ideal world, there would be no need to worry about your safety when you report to work each day. Unfortunately we do not live in world that is free of all danger, therefore it is important to know how to protect yourself as you go about your daily duties on the job. The best way to reduce the risk of accidents and prevent injuries on the job is understanding potential hazards and how to avoid them.

Employers are required to provide certain safety information to their workers to ensure all employees are aware of certain dangers. OSHA requires certain information to be disclosed regarding workplace hazards and individual companies have their own policies regarding workplace safety.

All workers are encouraged to seek out this information if it is not readily provided. Know and understand what situations at work which may be hazardous and what safety procedures to follow to avoid an accident.

If you request information regarding safety procedures and any disclosures which notify workers of dangerous situations on the job and this request is denied, know that you have rights to this information. You should also understand that when this information is provided you must take responsibility for your own actions in either following or disregarding safety procedures. It is important for all workers to follow established safety rules to avoid injury to themselves, co-workers and any other parties with whom you may come in contact while performing job duties.

White Plains Disability Lawyers: When Cerebral Palsy Becomes Too Much

Tue, 13 Sep 2011 08:00:00 EST

Cerebral palsy (CP) does not have a cure. Doctors can help you manage symptoms and prevent some complications, but they cannot make it go away. The symptoms may vary, but many people with CP have continuing trouble completing daily tasks or holding employment. Despite this difficulty with income, it's been estimated that people with CP in the US end up spending about $921,000 on the disease.

If you or a loved one has CP, you already know how painful and disabling it can be - even for those who may only have involvement of one limb. Accompanying tendonitis or arthritis may have, over time, made CP less manageable for you and left you less able to provide for yourself and your family.

If you think it might be time to pursue Social Security disability for cerebral palsy in New York, contact one of our White Plains disability attorneys. We can help you learn more about the disability application process in a free consultation. Each situation is unique, and even if your particular issues are not covered in this article, there is a possibility that you could still receive disability payments - depending upon your circumstances.

In general, Social Security disability covers CP in which you experience one or more of the following:

An IQ of 70 or less;
Abnormal behavior, such as destructiveness or emotional instability;
Significant problems communicating due to speech, hearing, or visual problems;
Disorganization of motor function that persistently involves two extremities. This determination is based upon how much trouble you have walking and/or using your fingers, hands, and arms.

The Bronx disability attorneys with Markhoff & Mittman, P.C. know how overwhelming applying for disability can be, especially when you are already adapting to a worsening disease and juggling doctors and medical treatment.

We are experienced New York disability lawyers and we have the knowledge and resources to help ease your way. If you'd like to learn more about New York disability for cerebral palsy, we would like to offer you a free consultation. Give us a call at 914-946-1452 or 866-205-2415 today. We look forward to speaking with you.

Workers' Comp: Being Your Own Boss Isn't Always All It's Cracked Up To Be

Fri, 09 Sep 2011 08:00:00 EST

There are many benefits to being your own boss. While many of the benefits people hear about are in fact true, there are also plenty of drawbacks to being the person in charge of their own business. What many people do not realize is being your own boss sometimes comes at a cost, this is true in the case of insurance, taxes and other areas of business where the boss is not always afforded the same benefits as their employees.

How does being self-employed affect workers' compensation? Does the boss pay for their own insurance or is insurance even available for the business owner? To understand how being self-employed affects your workers' compensation coverage, consider the following.

Workers Compensation Insurance is required by law, unlike other benefits that you may pay to yourself or your employees. Sole-proprietors and other self-employed persons may not be required by law to provide coverage for themselves, however it may be part of a private agreement with a client to provide coverage for yourself.
Workers' compensation must be provided for part time employees, even those who are family members.
Your premiums will be based on the industry in which you operate for the first several years. After that point, workers' compensation premiums are determined by both the industry and your specific claims history.

If you choose to not have coverage through your companies workers' compensation policy, you may open yourself to medical expenses, lost wages and even legal issues should you get injured in the course of your work. Always discuss any questions you may have with your insurance provider as well as an experienced workers' compensation lawyer to ensure you have the coverage needed should the worst case scenario become a reality.

You've Been Hurt On The Job And Your Boss Doesn't Want To Pay

Fri, 09 Sep 2011 08:00:00 EST

After one hundred years of workers' compensation laws being on the books to protect workers, there are still those who must fight for the benefits to which they are entitled. Despite many advances in working conditions, there are employers out there who would rather save a few bucks than provide the coverage that is required by law. What happens to those workers who are injured on the job but have to deal with a boss who doesn't want to pay?

The first thing you must understand as an employee is the right to work in an environment free of hazards. Naturally certain industries pose a greater risk of injury or danger due to the type of work performed, however employers should take every step possible to eliminate or reduce hazards in the workplace. Secondly, with a few exceptions, all employers must pay for workers' compensation insurance to ensure their employees have coverage in the event of an accident in the workplace. If your employer does not have workers' compensation insurance and they are required by law to do so, you may be able to receive compensation from your employer themselves.

The most important thing you can know when dealing with a workplace injury is how to handle the moments, days, weeks and sometimes months that follow. Do not allow pressure in the workplace to prevent you from getting the treatment you need for a speedy recovery and long term good health. Even if your boss is not supportive of filing a claim, understand that what you do immediately after an accident in the workplace will determine whether or not you receive compensation in the long run. Always report your injury to your boss and seek medical attention if needed. If the accident is a result of negligence on the part of your employer, you may be entitled to additional compensation.

Injured Workers Dealing With Chronic Pain Not Covered By Workers' Comp Changes

Thu, 08 Sep 2011 08:00:00 EST

Unless you have suffered an injury at work, you may think of workers' compensation as a one time payment for an accident or injury. In reality, many workers who have been hurt on the job find themselves dealing with chronic pain as a result of their injury. Some injuries result in short or long term disabilities which make it impossible for the affected worker to perform their job duties or any job duties in the case of serious injuries.

What happens to these workers who are unable to return to work? When chronic pain from injuries results in lengthy periods of time off work, it becomes imperative for the injured worker to have some sort of compensation to help cover long term medical expenses as well as lost wages.

Unfortunately, changes made by the New York Workers' Compensation Board may limit the amount of time and the benefits injured workers are entitled to claim after suffering a serious injury resulting in chronic pain.

The change in policy came quietly with many injured workers not even aware of the situation until they were denied treatment or care from their doctors or long standing care givers. As stated in a recent post by the New York Daily News, "The agency now views itself as the protector of insurers and employers, " said Robert Grey, a lawyer who specialized in workers' compensation cases. "Clearly someone thinks cutting of medical treatment will save money for employers and insurance companies."

Whether you agree with the change or not, the fact remains that many people will need care long past the new limits set forth by these changes in workers' comp policies. If you find yourself in a situation where care is denied, consider discussing your case with an experienced workers' compensation attorney to find out what you can do to protect your benefits.

NY Cardiovascular Disability and Heart Attacks: Could You Save a Life?

Thu, 01 Sep 2011 08:00:00 EST

We recently talked about cardiovascular impairment and heart-related disability in New York, but we would now like to address something a little more personal.

Do you know what to do if a friend or family member is having a heart attack?

The heat and activity of summer can put extra strain on the heart, especially while you're traveling long distances for vacation or sitting outdoors in the heat at a friend's backyard barbecue. If you or a loved one is having a heart attack, everything depends on acting quickly and every minute counts.

Warning Signs of a Heart Attack
Chest pain or discomfort is a big sign, but many heart attack victims don't mention it, have atypical symptoms, or think that it's "no big deal." In this case, he or she may go into cardiac arrest without warning and:

Suddenly become unresponsive to voice or touch
Stop breathing
Stop moving or showing signs of circulation

What Can I Do?

You should CALL 911 IMMEDIATELY if you even suspect a heart attack. Don't wait!
Familiarize yourself with the signs of a heart attack now, so you can act quickly when it matters.
Start CPR immediately. If you don't know how, consider taking classes at your local Red Cross.
Do not try to transport the person to the hospital yourself unless there is no other option. The paramedics are specially trained and the ambulance has the equipment necessary to revive a patient whose heart has stopped.

If you have suffered a heart attack in New York and are now having trouble performing your normal daily activities, contact your White Plains disability lawyers today at 866-205-2415 or 914-946-1452 to talk about Social Security disability for your cardiovascular impairment.

Social Security Disability On The Verge Of Insolvency

Sat, 27 Aug 2011 08:00:00 EST

If something doesn't change soon, trustees who oversee the Social Security retirement and disability programs fear funds will run out. It is no secret that the Social Security system is at a crisis point, however with applications for benefits up 50% from the same period ten years ago, there is a real concern about funding.

As the baby boomers begin retiring in droves and millions of workers find themselves out of work, the number of applications for Social Security disability are on the rise. With the recent recession and economics crisis, close to 7 million jobs have been lost, many of which were performed by individuals with disabilities. For these individuals, finding a new job in the current economy may be difficult if not impossible. As a result, more and more individuals are turning toward government run programs for financial support.

Of course as more people turn to these programs and fewer people are working to fund the programs, the result will be a shortage of funds. It is estimated that the Social Security Disability program will run out of money by 2017 leaving many individuals in financial hot water as full benefits are no longer able to be paid.

There are proposed changes that can help slow the upcoming shortage of funds, however almost all proposed changes will negatively affect at least one segment of the population. A means test for wealthy retirees and reduced or limited benefits for those currently receiving disability benefits are two of the options available.

It remains to be seen what exactly will happen with these programs and how they are administered today and in the future, however one thing is certain. Without an influx of cash or a drop in benefits paid out, insolvency is almost inevitable.

Nearly $1 Billion Shortfall In NY Workers' Compensation Trust

Sat, 27 Aug 2011 08:00:00 EST

A ten page report from the NY state Workers' Compensation Board indicates the workers' compensation trusts are closing in on the billion dollar mark ...in the hole. This is an adjusted figure compared to last summer's estimate of approximately $600 million deficit. The report was required by Governor Cuomo whose administration inherited the problem. According to the latest audited financial statements, the workers' compensation deficit is not at $924.6 million.

So how did this happen when employers are required to pay into the trust to ensure their workers have the necessary coverage should they become injured as a result of an accident at work? It is alleged that the Compensation Risk Managers mismanaged or worse defrauded the employers paying into the trust resulting in the deficit.

Unfortunately these employers are now on the hook for the shortfall, despite being the very source of the funds in the first place. The state has sued the Poughkeepsie based company accused of mishandling the funds, however the proposed settlement will only result in a $41 million payout, with small business owners across the state left holding the bag for the remaining shortage.

As reported by BusinessInsurance.com, "The employers are appealing". Mark Teich, president of M&T Plumbing & Heating Co, "I paid a premium to cover my company and now they're coming back and saying (employers) owe $925 million, it's insane."

Most small business owners are required to provide workers' compensation insurance to guarantee their workers are covered in the event of an injury or accident. Workers' compensation insurance ensures an injured worker has compensation for lost wages and medical expenses resulting from an accident at work.

To pay insurance premiums with the understanding your workers are covered, only to find out the finances have been mismanaged is a blow to small business owners who struggle to provide the necessary coverage for their employees.

Could Your Benefits Be Affected By Administrative Error?

Sat, 27 Aug 2011 08:00:00 EST

There are many factors which can affect your workers' compensation or disability claim. To receive these benefits, individuals must follow a set procedure and qualify for benefits. Unfortunately, just as there are many reasons why a person may be denied benefits for legitimate reasons, there are also situations where claims are denied or erroneously processed due to an administrative mistake.

According to CNN Money, Each year, approximately 14,000 deaths are incorrectly recorded by the Social Security Administration. This means one in every 200 deaths are incorrectly entered, for individuals who are very much alive. How does this impact the lives of the living? The answer is significantly if they are receiving benefits such as Social Security or Social Security Disability.

According to the Inspector General, "Erroneous death entries can lead to benefit termination, cause severe financial hardship and distress to affected individuals, and result in the publication of living individuals' [personal identifying information] in the [Death Master File],"

Imagine what it is like for those individuals who rely on these benefits for all or most of their income. While this may seem like a problem with an easy fix, after all- the people declared dead are clearly alive to protest, it can take months for this "mistake" to be fixed.

The benefit recipients may also find bank accounts that are closed or other issues due to a false declaration of death. In addition, the publication of personal information can lead to problems with identity theft and other problems.

If you are wondering how this can happen and whether it can happen to you, the answer depends on the person entering the data into the system. Human error occurs in this field just as any other occupation, therefore it can happen to anyone at any time. One typo and you can find yourself facing a slew of problems that can affect your finances for weeks or months. To rectify the problem, you must find out who reported your "death", obtain a copy of your death certificate and fill out a form to amend the error.

Workers' Comp Documents: Keeping Private Information Private

Thu, 25 Aug 2011 08:00:00 EST

When an injured worker files a claim for workers' compensation benefits, the last thing they may be thinking about is security. After suffering an injury at work, most employees are more concerned over lost wages and covering medical expenses than they are the security procedures used by those processing their claim. Unfortunately just as identity theft and fraud are an issue anywhere private information is used, the same issues can occur when dealing with workers' compensation claims.

This is exactly what happened in California recently where identity theft prevention service provider, Identify finder discovered a breach in security. As reported by CMIO.net, "Identity Finder reportedly discovered that a website exposed documents containing hundreds of individuals' health information and database files containing approximately 300,000 names and Social Security numbers of California residents who applied for workers' compensation benefits." The report goes on to say, "Identity Finder notified the website's owners, Southern California Medical-Legal Consultants (SCMLC) of the breach in May, and SCMLC restricted access to all files within minutes of notification, according to Identity Finder of New York City."

Clearly you don't have to be an expert in identity theft to understand how this breach could affect the individuals whose private information is no longer private. Should this information fall into the wrong hands, the individuals in question could find themselves dealing with major problems beyond that of the injury originally suffered due to an accident at work.

In addition to Social Security numbers which were exposed on the website, confidential health records and other personal details were also accessible by unauthorized individuals. Again, a security breach of this magnitude shows just how vulnerable we are to having our information exposed online. Whenever personal information is requested or required by an agency or other institution, ask what security measures are in place to protect that information from falling in the wrong hands.

New York Arthritis Disability at Home: Taking Care of Yourself

Tue, 23 Aug 2011 08:00:00 EST

If you are living with an arthritis disability in New York, you probably already follow your doctors instructions and take your medication as prescribed. Seeing your physician as soon as you feel the first symptoms is always the best plan, but then what? You may not know that there are a few simple precautions you can take at home to help ease the pain and swelling associated with disabling arthritis.

Protecting Your Joints
Use proper lifting techniques and, if possible, assistive devices, such as jar openers, zipper pulls, or handrails. If you have a hobby, such as gardening, it may be helpful to also look into arthritis-friendly tools that can help you take it easy on your joints.

Get a Little More Exercise
Medical studies have shown that exercise can help lessen arthritis pain and increase your range of movement. Be sure to consult your physician before starting an exercise program.

Have a Glass of Orange Juice
Really! Studies have shown that vitamin C and other antioxidants can help reduce the progression of osteoarthritis.

Take a Warm Bath
Soaking in a warm bath can help relax your muscles and soothe aching joints. For extra relaxation, put on some soothing music or light a candle - bubble bath is optional!

If you are considering pursuing Social Security disability for arthritis in New York, contact the White Plains disability lawyers at Markhoff & Mittman, P.C. We are devoted to helping disabled and injured New York workers understand their rights and get the compensation they deserve.

Workers' Compensation For Workers Paid Off The Books

Fri, 19 Aug 2011 08:00:00 EST

There are laws in place which require employers to provide certain benefits to paid employees. One of these benefits most workers can expect when working is workers' compensation. Workers' compensation insurance is provided by employers to ensure any worker injured on the job has access to compensation in the form of paid medical expenses and lost wages. Despite laws requiring employers to provide this insurance coverage, many companies find ways around this cost by paying workers off the books.

When a worker receives cash payment for work performed, there is a good chance they are not being paid on the books. Some employers do this to avoid paying taxes and other costs that come with paying workers "on the books". By paying cash or other forms of compensation, the employer can save money on their end. Unfortunately, despite the fact that the worker also pays no taxes on wages earned, the employee is also usually not covered by any benefits as well.

A worker paid off the books most likely receives full compensation for their work, however extra money received by not paying taxes is rarely worth the trade off. Not only are your hours, months or years worked under the table not counted toward your future social security benefits, an employee not paying into other programs cannot receive the benefits of those programs should they be in need of them in the future.

Consider the worker who is paid under the table (off the books) who finds themselves injured on the job. If the employer has not bee paying workers' compensation insurance for that worker, there will be no recourse in terms of disability or medical payments. Although this practice is found in any industry, certain areas of work are more likely to pay their employees off the books. Construction workers, seasonal workers and many other industries routinely pay their workers off the books, effectively eliminating any chance those workers will receive the benefits to which they are legally entitled should an injury occur on the job.

Benefits At Risk For Workers' On Strike

Fri, 19 Aug 2011 08:00:00 EST

When workers decide to take their issues to the next level in the form of a strike, it is important they understand just what it is at risk. There are occasions when workers take to the picket lines to fight for certain rights, benefits or working conditions. By allowing their collective voices to be heard, many workers on strike are awarded what they wish, however in some situations the employer may play hard ball and actually deny future requests as well as current benefits.

This may be the case for Verizon workers on strike for the 11^th day. Workers are on strike while negotiating a new labor contract according to a recent published post on TheHill.com. As reported on the website, "Verizon said it plans to stop paying for striking workers' healthcare coverage if they fail to return to work at the end of the month as the work stoppage entered day 11 on Wednesday."

Candice Johnson, spokeswoman for Communications Workers of America has stated the union is preparing to pay for workers' coverage or provide alternatives to ensure all workers' needs as well as the needs of their families are met.

While talks continue between the two parties, this situation provides an excellent example of how a strike can affect the benefits of workers. Negotiating for better contracts or trying to preserve current benefits are clearly important issues for all workers, however it is also important to understand what might happen should the employer refuse to meet workers' demands.

There are certain benefits which may be provided regardless as they are required by law. With that being said, many benefits and perks to which employees become accustomed are in fact provided at the employers discretion. In the case of the Verizon strike, spokesman Ed McFadden had this statement for TheHill.com, "If our striking employees aren't serving our customers, our customers shouldn't be expected to pay their benefits. That's basically our philosophy on why we sent the letters out. It's our customers who pay their benefits."

Workers' Compensation Figures Reflect Unemployment Levels

Fri, 19 Aug 2011 08:00:00 EST

Workers and those who pay their wages have been hard hit by the Great Recession. Across the nation families continue to struggle with decimated savings, job loss and high debt levels. At the same time, businesses from small privately owed outfits to large corporations have been forced to reexamine how they do business. Cutting costs and reducing expenses are necessary for any business to survive tough economic times, unfortunately these actions often result in job loss for local workers.

The National Academy of Social Insurance (NASI) released a report on August 16^th titled "Workers' Compensation: Benefits, Coverage and Costs, 2009". According to a recently published article on EHSToday.com, the report reveals a drop in the number of employees covered by workers' compensation. This is not due to employers not paying their insurance premiums but rather a drop in the number of individuals employed in general.

As reported by EHSToday.com, "'As one might expect, when the Great Recession hit, employers paid less in workers' compensation costs because there were fewer workers' to cover' said John F. Burton Jr., chair of the panel that oversees the report."

The information provided by this report is important for both workers and those who are still seeking employment. As businesses continue to reorganize and come to terms with the reality of the new economy, many are considering ways to keep costs low. Hiring more workers, while good for the worker, their family and the local economy, may not be cost effective for the business.

Other data included in the report indicate an overall drop in all areas due to fewer individuals being employed. This includes a drop in benefits paid by workers' compensation, a decline in occupational fatalities and a decrease in occupational injuries or illnesses.

Workers' compensation benefits are still available for qualified employees, therefore any injuries or accidents which occur at work should be reported immediately to ensure the proper procedures are followed for claims.

Workers' Compensation Systems Vary From State-To-State

Fri, 19 Aug 2011 08:00:00 EST

Workers' compensation benefits have been available to workers for 100 years. As we acknowledge and celebrate a century of improved working conditions and protection for injured workers, it is important to recognize just how much work remains to be done. There is no denying that employees today have access to far more benefits and insurance coverage through workers' compensation than their ancestors 100 years ago. With that being said, the benefits, coverage and requirements vary from state-to-state making it difficult to understand exactly how workers' compensation works across the board.

In addition to varying workers' compensation programs, the type of work performed or industry in which you are employed plays an important factor in the benefits available. Employers in states with a large labor force such as Montana may find it is more expensive to provide workers' compensation insurance than other areas where the labor force is smaller. Using Montana as an example, consider the number of workers who are employed by oil drilling companies and mining operations. Both occupations are labor intensive, with workers' more likely to experience injuries and even fatalities on the job. Businesses in this state will pay more for coverage regardless of their industry simply because of the number of claims processed and paid out each year.

With so many factors affecting workers' compensation programs on the state level, it is not surprising that many states are considering reforms. In fact, several states have already adopted new workers' compensation systems, in some cases reducing or limiting benefits available to injured workers. Because of this, it is important for all states to pay close attention to the workers' compensation system in use, as well as any reforms which may be proposed. Unless and until a more organized system is in place, individual states must consider what is best for both their workers and the businesses which employ them.

Workers' Comp Lawyers Can Make or Break Your Case

Mon, 15 Aug 2011 08:00:00 EST

We often talk about the rules and regulations governing the workers' compensation as well as the importance of a good workers' compensation attorney. There is not denying the fact that in some situations, the only way to ensure you get the benefits to which you are entitled is by teaming up with a lawyer specializing in the industry. While this may be unavoidable in certain situations, it is also important to understand the role your attorney plays in the getting you what you deserve. Here we look at what happens when you don't pick the right workers' compensation attorney to represent your claim.

As reported by the New York Post, "Cancer-stricken Ground Zero worker Edgar Galvis has finally received a compensation check-- for zero dollars." This came as a major shock to Galvis and his family who anticipated a significant settlement for health problems resulting from his work at Ground Zero.

Galvis was employed by contractors hired to clear the dust and debis from the Merrill Lynch offices located next to Ground Zero. He was approached by a friend in 2005 who gave Galvis the business card from a law firm representing those who worked at Ground Zero. The New York Post states, "'The man told me that more than likely I will get sick and I would get 60 percent of whatever he won,' Galvis said. "He even mentioned the words 'millions of dollars'."

Last year in April of 2010, Galvis was contacted by the law firm and presented with an offer for $10,000. He was advised that after legal fees he would likely receive approximately half that amount -$5,000 or risk losing the offer if the case went to trial. Galvis claims the law firm warned that if the case was lost he would owe up to $100,000 in fees and expenses.

Galvis accepted the offer only to discover he has won nothing at all. After fees and expenses have been deducted from the settlement, Galvis has nothing to show for the injuries and health issues resulting from his work at Ground Zero.

Cases and claims from workers injured while working at Ground Zero add up to millions of dollars yet many of those entitled to settlement dollars are receiving little or none of the money awarded. Clearly with such a high profile situation, there are plenty of unscrupulous lawyers and other representatives looking to make a quick and easy buck. Sadly, it is not just those injured at Ground Zero who have to worry about the less reputable operators in the profession.

Finding the right attorney is imperative to ensure your best interest is represented. Always research any firm or attorney before entrusting them to provide the service and representation you deserve.

Workers' Comp Benefits For Survivors Of Suicide?

Sun, 14 Aug 2011 08:00:00 EST

When a person takes there own life, the effect on their family, friends and other loved ones is traumatic. Not only do these people lose the individual closest to their hearts but in many cases those dependent on the person who committed suicide lose out on any death benefits due to the nature of the death. Insurance policies and other death benefits are not usually paid out to survivors of people who take their own life, therefore a recent decision by a state appeals court is all the more surprising.

When the Workers' Compensation Board decided a former New York State Police forensic scientists death was not related to his employment, his widow was denied workers' compensation death benefits.

The case of Gary Veeder is unusual to say the least. While all jobs come with their fair share of work related "stress", Veeder's death is definitely unique. As stated on Thomas Reuters News and Insight, "Veeder was at the center of a 2008 scandal involving inaccurate or undocumented test results at the New York State Police Forensic Investigation Center, where his job involved analyzing fibers in connection with criminal cases."

It has been suggested that an internal work inquiry may have triggered Veeder's decision to take his own life. His wife claims his death was the direct result of "improper actions" taken by the police department while they were conducting their internal investigation.

This claim was not accepted by the Workers' Compensation Board which supported the decision of the workers' compensation judge who originally disallowed the claim. In a somewhat unexpected turn of events the Appallate Division reversed this decision allowing Veeder's widow to collect workers' compensation death benefits.

There are always unique cases and situations where presidents are made. If you have a workers' compensation issue and feel you are entitled to benefits, contact an experienced attorney to represent your case to ensure you are not missing out on benefits you deserve.

Too Depressed to Work?

Thu, 11 Aug 2011 08:00:00 EST

While Americans are known to tout the blahs of Mondays, there are some who feel like everyday is a Monday. They have no ambition, no motivation, and lack concentration on even the most basic matters. Depression is a serious medical condition that often has to be treated with medical therapy and medication.

Too often though depression goes without proper diagnosis and those who have it often do not realize their fatigue and sadness is an actual medical condition. Depression, if left untreated, can lead to other mental health concerns and serious concerns such as self-harm and suicide.

When you are feeling burnt out on the job and have no desire to even get out of bed most mornings, it can be more than just feeling blah. It is important to go to your physician and discuss your feelings. Allow the doctor to evaluate your symptoms and then follow their direction for treating the depression ailing you. It is especially important to take your medication as directed or risk incurring other medical issues.

Being too depressed to work can seriously work against you. Your lack of motivation and productivity can be viewed as something besides a medical condition. Failing in job performance can mean you stand at risk for losing your job. This situation can quickly spiral out of control and lead to bigger problems including a worsening of depressive episodes.

It is important for you to go to your doctor if you feel you are depressed. Depression needs to be accurately diagnosed and treated before it gets out of hand and becomes a risk to you and others on the job. For instance, extreme fatigue and lack of focus can cause serious injuries on the job.

If you have been injured or discriminated on the job due to your depressive medical issues, contact our office to schedule a free evaluation of your potential case. You can reach us toll free at 866-205-2415 or use our online contact form.

More Workers' Comp Claims In Summer Months

Wed, 10 Aug 2011 08:00:00 EST

Small business owners are advised to pay close attention to work conditions and employees during the summer months. According to Hartford operations, a New York property-casualty insurer, the peak months for workers' compensation claims are from June through September. During this time of year, small business owners will likely see more workers' compensation claims, with almost one-third of on the job injuries reported by workers 30 years or younger. Claims data from the insurer indicated back injuries including lower back strains as well as slips, falls and trips are the most commonly reported injuries.

As reported by HartfordBusiness.com, "Noting the 100^th anniversary of workers' comp insurance, Travelers says there are some things businesses can do to minimize on-the-job injuries and claims". They are as follows,

Proper employee training- One of the easiest ways to reduce injuries on the job and subsequently workers' compensation claims is by providing all employees with proper safety training. Each worker should receive an orientation and training session which includes emergency procedures, safe work practices, personal protective gear and how to deal with an accident on the job.
Employee supervision- Once employees receive safety training, it is important for supervisors to remain vigilant of employee behavior and practices. If workers are not following through with what they learned during orientation, supervisors must be actively involved in correcting the behavior.
Response to accidents- Despite all efforts to prevent accidents, it is impossible to guarantee a worker will never be hurt on the job. While proper training and supervision reduce the number of incidents which occur at work, there will be accidents that must be dealt with. Understanding the proper procedure to respond to accidents for both employers and employees is important to prevent additional injury and ensure medical attention is provided as needed.

These are just a few of the ways business owners can prevent or respond to accidents in the workplace. When the risk of injury to the employee is reduced, the number of workers' comp claims drop as well.

Seeking Work Support for Bipolar Disorder

Tue, 09 Aug 2011 08:00:00 EST

It can be quite a quandary about whether or not to admit your bipolar disorder at work. On one hand you want to build a comfortable support network for when you are experiencing bipolar symptoms but at the same time you don't want to place a stigma on yourself for having a mental health issue.

It can leave you in a difficult situation. By not admitting medical issues to your employer or co-workers, you risk being suspected of other issues that are not even relevant should you experience episodes on the job. For instance, many may mistake your irrational behavior is caused by drugs. These perceptions can cause problems on the job and potentially even jeopardize your relationships with coworkers.

If you choose to disclose your medical information with your employers, you are protected under the Americans with Disabilities Act and therefore you can not be discriminated by your employer for your medical history. If you choose to disclose your medical condition with co-workers, you stand a chance of being a target of unkind jokes or other harassment.

Unfortunately not all of society considers mental health disorders as actually illnesses. Many times harassment follows disclosure about personal issues by those who may not act with maturity and logic on the job.

If you feel you will receive the support you need on the job for dealing with the mental health condition, having a strong network of people around you can be beneficial if something does go wrong. Making the decision to let others at work know you suffer from bipolar disorder is ultimately your decision.

If you have been injured on the job due to someone else's medical issues or employer neglect of safety, contact our office for a free evaluation of your situation by calling toll free at 866-205-2415 or use our online contact form

Shoulder Injuries May Put You Out of Work for Long Haul

Tue, 09 Aug 2011 08:00:00 EST

An interesting thing about damaging your rotator cuff is that when the injuries are minor, you may actually not be able to heal the damage as effectively like when the injuries are severe. Medical treatment of small tears in the rotator cuff is not always an option which means you stand a good chance of getting hurt on the job again and again.

Because shoulder injuries are common in some trades especially construction, carpentry, and as a machinist where repetitive motions are often part of the day to day tasks, it is important to pay attention to the pain or weakness when you first experience a sign of rotator cuff damage. Without prompt and proper diagnosis, you run the risk of reinjuring your shoulder and permanently putting yourself out of work for good.

Treatments for shoulder injuries may be effective at eliminating some of the pain and weakness in the shoulder injury but not being able to continue in your job position can have a huge impact on your ability to earn income, especially in specialized trades. You don't have much of a future as a carpenter if you can no longer swing a hammer due to limited range of motion. Shoulder injuries often require surgery to repair damaged muscles. Surgery will put you out of work for a period of time but may give you the option of being able to return to work and the tasks at hand.

Shoulder injuries also are common results of employer neglect, specifically when safety measures are not being implemented and employees slip and fall. Reactionary injuries often affect the shoulder area as people try to prevent their fall and end up being hurt worse.

If you have suffered an injury to your rotator cuff due to the negligence of your employer or other coworker, it is important to have your case evaluated by a workers compensation expert. Contact our offices at 866-205-2415 for a free evaluation or use our online contact form for more information.

Big Changes to Medicare and Beyond

Fri, 05 Aug 2011 08:00:00 EST

There is a lot of skepticism directed at the federal government in light of the last-minute decision to reach a compromise on the debt ceiling issues. Just because President Obama signed into affect a temporary measure to ensure Social Security recipients and Veterans received their benefits checks in August does not mean things are moving forward in a positive light.

There is still a chance that some major spending cuts will affect those who rely on the government benefits the most. With Medicare, there may be cuts that increase how much the elderly will have to pay for their usual medical treatments. These higher expenses in light of the possibility of lower benefits are going to have a serious impact on the nation.

While there is not much time to really prepare adequately, those who receive benefits should get a plan in place to continue financial stability. Budgeting and savings priorities are of the utmost importance at this time so as to have the financial ability to survive the cuts. Many people are living paycheck to paycheck and any change can have serious repercussions on a lifestyle.

If you are unsure about where the future might leave you in light of possible benefit cuts or if you know you are eligible to receive benefits for Social Security but are not sure how to go about it, contact our office at 866-205-2415 for a free consultation and guidance. We can help you figure out how the changes affect you and what you can do to prepare for the future.

Report Sprains and Strains As Soon As They Happen

Tue, 02 Aug 2011 08:00:00 EST

When you are at work and feel something pull within your body, you need to report the incident right away no matter how minor you think it may be. Often with sprains and strains, it can be hard to tell at first how serious the injury is.

As a result, workers tend to overlook such injuries for several reasons. First, many workers dismiss seemingly small injuries because they don't want to admit they have been hurt to other people. The second reason is because some workers just don't realize they have suffered an injury since pain often gets worse as time goes on. Thirdly, some workers are afraid to ‘rock the boat', failing to report accidents out of fear of losing their job.

When it comes to sprains and strains on the job, it is vital that you report any incident where you feel something has been injured even if you think the injury will not turn worse. The reality is that with sprains and strains it may not become apparent that real damage has been done until hours or days later.

If your initial injury goes unreported and then evolves into something more serious requiring medical attention, you may jeopardize your potential workers compensation claim. Not reporting an incident can lead to costly medical expenses that you get no help paying.

Ignoring even minor injuries on the job can result in lost wages, lost time, and potentially a denied workers compensation claim. It is in your best interest to understand and then follow the protocol for reporting injuries and incidents that occur at work. Even if you think you suffered ‘just a sprain', that injury could result in medical treatment and extensive rehabilitation. Both costly and time-consuming activities required to get back to your healthy self.

If you have been hurt at work, please call our office for a free consultation and evaluation of your case. You can reach us toll free at 866-205-2415 or use our online contact form.

Hot New York Summers May Aggravate Disabling Asthma

Tue, 02 Aug 2011 08:00:00 EST

The summer heat and humidly can literally take your breath away if you suffer from disabling asthma. Although you should always follow your asthma action plan and contact your doctor immediately if you are having any difficulty breathing, here are some additional tips to help manage your asthma disability as the temperatures rise:

Don't wait to use your inhaler. Using your quick-relief inhaler at the first sign of symptoms may prevent a more serious asthma exacerbation and potential hospitalization.
Gets lots of water. Keeping hydrated helps mobilize secretions and keeps your lungs clear.
Stay inside during the hottest part of the day. Staying inside or in an air-conditioned area alleviates some hot weather asthma symptoms and may also help if you have outdoor allergies. Save any outdoor activities for mornings and evenings.
Pay attention for ozone and allergen alerts. You can find these alerts in your local news. If the air quality is bad or the allergen levels are high, it is best to plan to stay inside.
Use a grill with an electric starter and avoid fumes. We all love to grill during the summer, but fumes from lighter fluid can make breathing difficult for those with an asthma disability.

If you suffer from a potential asthma disability and are curious about applying for benefits, give the Bronx Social Security disability lawyers at Markhoff & Mittman a call today at 914-946-1452 or toll-free at 866-205-2415. We also recommend you look over our FREE book Quick Facts: Social Security Disability and the Stimulus Package.

No Jokes Here: Lightning Can Kill

Fri, 29 Jul 2011 08:00:00 EST

After a heat wave has passed, a thunderstorm is seen as a relief to many New Yorkers who are happy to say goodbye to the humidity and heat of long summer days. However, for workers who are outdoors during a thunderstorm, there is a serious urgency to seek shelter from the storm and protection from what could be deadly lightning.

Many workers who have tons of experience working in the outdoors may dismiss lightening as nothing to worry about. However, regardless of how strong or seasoned you think you are, lightening strikes can kill - and fast. It may not happen to you but it could happen to someone near you and you'll need to act correctly to protect yourself and your co-workers.

Lightening strikes can happen within the blink of an eye and if you are not seeking shelter when the storms start, you are putting yourself and the lives of your co-workers at great risk. For this reason, it is important to get the proper training from management for dealing with lightning incidents and a good understanding of the company's safety procedures concerning lightning storms.

Even if work has to be halted while you wait out the storm that is what is necessary for the protection of all on a work site. Heavy equipment, metal materials, and other objects can be a magnet for lightning strikes and as a result can leave you seriously injured or even prove fatal.

Working with other seasoned employees can give way to peer pressure and jokes about fearing lightning. But there are no jokes here - there can be serious consequences for those who do not seek shelter during dangerous lightning and thunderstorms.

If you have been struck by lightning or hurt on a job site due to lightning strikes, it is important to have your case evaluated for worker's compensation issues. You can contact our office toll free at 866-205-2415 or use our online contact form for more information.

How Prepared Are You For a Government Default?

Tue, 26 Jul 2011 08:00:00 EST

If the government can not work out an agreement on the debt ceiling issues facing the nation, there will be serious repercussions for families dependent on the financial assistance of the federal government who are still burdened by the shaky economy.

If you are one of the millions that receive federal aid in the form of food stamps or housing assistance or if you are a federal worker who is on the government payroll, understand there may not be enough money to send out checks as usual when August comes. The government is at a serious impasse and there is no specific outlook being predicted about what will happen to the nation if the Treasury can't send its checks.

But what about you? If you are receiving federal aid, have you considered what you would do if your debt ceiling came crashing down? It may be hard enough to make ends meet on the Social Security benefits you are receiving but without those benefits you may not even stretch your cash that far.

While there was not much notice about this particular event should it come to pass, it is not too late for American's dependent on government help to start planning for the worse. Since it is a national crisis, there may be options from creditors and other industries that have a back up plan in place to help people through a temporary financial crisis. It is important for you to stay in touch with your creditors rather than run from your obligations.

It is also important to cease unnecessary spending and deposit more into the savings account rather than into the merchant's pockets. There is no indication of how long this immediate crisis will last so it is best to plan for the long-term and build a financial security blanket to make your limited income work.

If you receive Social Security benefits and have questions about what this potential financial disaster might do to your situation, contact our experienced legal team toll free at 866-205-2415 or use our online contact form. The more you know, the better prepared you can be for the worst.

Sackets Harbor Construction Death Reminds of Need for Better Safety

Thu, 21 Jul 2011 08:00:00 EST

The death of a construction worker in Sackets Harbor, NY in June brings to light once again the seriousness of construction work. Kenneth Bush was operating an excavator when a tree standing 40 feet tall fell on the equipment and trapped the driver inside. While crews rescued Bush in minutes, he succumbed to his injuries before reaching the hospital.

This headline highlights the importance of construction site safety. No actual building had begun on the site. The ground was being cleared to prepare for construction. It took crews about 10 minutes to arrive on the scene and while there is no indication anything could have been done for the victim due to the nature of the accident, the construction workers still had to wait for hydraulic equipment to arrive before rescue attempts can be made.

Construction accidents are certainly not uncommon and many of them can turn deadly in an instant. Company training and regular monitoring of safety protocols is essential for safer work environments. Equipment operators especially need to be trained in safety protocol to prevent accidents as well as what to do when accidents do occur.

Those who work on foot on construction sites are just as high at risk for injuries and fatalities as those who operate the heavy equipment. There are more accident being reported that involve workers being pinned under or run over by heavy equipment.

If you are a construction worker and you feel your employer is not as aggressive with safety training and other measures to protect workers don't wait until something happens before speaking up. If you need the assistance of a legal professional to protect your rights, contact our office toll free at 866-205-2415 or use our online contact form to schedule a free and confidential consultation.

Proper Training Necessary To Protect Workers

Thu, 21 Jul 2011 08:00:00 EST

Employers need to take ever precaution to ensure their workers are able to perform their job with as few safety concerns as possible. There are of course some occupations which are inherently more dangerous than others, therefore whenever hazardous conditions can be eliminated they should. What many people do not realize is one of the more important steps employers can take is making sure their workers are properly trained.

In the case of a Brooklyn medical center, the importance of training employees cannot be stressed enough. The center recently received 14 violations of workplace safety and health standards as reported in an article published by AboutMesothelioma.net. The violations, as well as a proposed $48,000 fine are the result of a inspection from the federal Occupational Safety and Health Administration.

The violations are due to employees in contact with asbestos or materials which may contain asbestos not being properly trained to use safety precautions necessary to protect their health. A perfect example of why safety training is vital to prevent accidents and injuries on the job as well as health issues resulting from exposure to dangerous products. In the case of asbestos, exposure to it can be life threatening, making this a serious safety violation.

Employers must not only know how to keep their employees safe but also provide the proper training to ensure employees do not unknowingly expose themselves to health hazards. By doing so, both employee and employer are protected from the negative consequences of unsafe work environments.

Lack of Social Security Checks Means More Financial Difficulties

Tue, 19 Jul 2011 08:00:00 EST

There are over 70 million Americans dependent on the funds received monthly from the federal government. With the recent warning from President Obama that these checks may not be showing up in the mail come August 2, there is now plenty more financial worries facing Americans.

The Social Security Administration contends there is more than enough funds to cover the checks sent out each month despite the debt crisis facing the federal government. Because negotiations have stalled however, it is possible that Americans may still not receive those checks if there is other debt obligations that are considered a higher priority.

Some feel the threats are just that, used as a way to force negotiations and reach a deal. However, the White House has indicated that they are looking at the potential of cutting recipient's benefits using a new cost-of-living formula and considering a raise of the retirement age. Both measures would cut benefits for recipients over time.

For those who are dependent on receiving benefits, a cut in checks starting as early as next month can make living even more difficult. Since there is no concrete answer as to whether or not the checks will definitely be halted, those counting on benefit payments need to start planning and fast to ensure their financial obligations will be covered.

It is also important to note that those who are just filing for benefits, there may be a considerable delay in processing the application. If the changes do come as announced, the SSA may force layoffs and as a result have less staff to work on the application processing.

If you have questions about filing a new claim for Social Security benefits or have questions about what will happen to your current claim, contact our office today by calling us toll free at 866-205-2415 or using our online contact form.

What to Expect Before Your New York Anxiety-Related Disability Case

Sat, 16 Jul 2011 08:00:00 EST

If you are a New Yorker suffering from an anxiety-related disorder that is making it difficult to work and provide for your family, you may be considering a disability claim. If so, you will need to submit many sources of "evidence" to the Social Security Administration in order to "prove" your anxiety disorder. Unfortunately, the "proof" of your anxiety-related disability doesn't stop with your medical doctor's evaluation. You may be surprised by the amount of information that is taken into consideration.

What does the Social Security Administration consider "proof" of my anxiety disorder?

When evaluating your anxiety disorder, the Social Security Administration will generally take into account:

Medical information from a doctor
Information from other providers, such as your therapist or psychiatric social worker
Statements from you and your family, including your own report of your limitations
Information about how your anxiety-related limitations vary or change over time
Any evidence from previous attempts to work, including your behavior at work and why you were terminated
Results of psychological and intelligence testing

If you are considering pursuing a disability claim for an anxiety disorder, don't let the confusing process overwhelm you. Contact the experienced New York disability attorneys with Markhoff & Mittman today at 866-205-2415 for a completely free consultation. We look forward to answering your questions and assisting you with your needs.

Do You Have to Complain to Be Safe?

Fri, 15 Jul 2011 08:00:00 EST

As more employers say they are putting a new focus on safety to ensure that on the job injuries and work-related fatalities are reduced, some workers are arguing that too much safety responsibility is put on the staff and management often gets away with too much.

Safety is the workplace is increasingly becoming an issue. With more and more accidents and fatalities on the job being reported, employers have been told to step up their guidelines. As a result, many employers are pointing the finger at workers when in reality it is the employer who is getting a failing grade in safety.

Some of the primary reasons accidents happen at work is not related directly to co-workers. There are many companies that lack adequate or proper safety gear, provide limited training, or even have sufficient staff to get the job done safely. As a result, workers are getting hurt or killed just doing their jobs.

There have been reports of workers walking off their jobs in protest of safety violations. It's a curious thing to know how many people aren't walking out of work but still have full knowledge of their employer's lack of safety concern. Consider what you would do if you were aware of major infractions on the part of your employer. Would you protest? Would you report your employer to OSHA or other authority?

Unfortunately many employees will not go against their employer even when lives are at stake- including their own. Safety violations and obvious lack of proper management of the work environment is one of the leading reasons why workers are getting hurt and worker's compensation claims are being filed. Yet people keep their mouths shut to keep their jobs secure.

If the lives of you and all your coworkers were at risk on the job, what would you do? If you have been injured on the job due to the negligence of your employer, contact us to protect your rights. Call us toll free at 866-205-2415 or use our online form to schedule a free consultation.

Life Without Workers' Compensation

Thu, 14 Jul 2011 08:00:00 EST

It isn't difficult to find issues with the current workers' compensation system. Many injured workers find themselves facing an uphill battle to receive compensation to which they are entitled while fraudsters receive milk the system for benefits. Like any other system, workers' compensation is flawed, however it is important to remember just how fortunate we are to have a system in place to provide for injured workers.

This year marks the centennial celebration of workers' compensation, with 100 years of history to look back on. While no one will argue that improvements could be made, we must not take for granted the benefits that are available due to workers' compensation laws.

If we were to imagine a life without workers' compensation, regardless of the flaws in the system, it would be a much different work environment. Workers' compensation insurance premiums are paid by employers who risk higher premiums when workers are injured and file a claim. Although this does not always result in safer work conditions, as a general rule the environment in which we work is much safer as a result of workers' compensation laws.

In addition, without a system in place which provides workers with an option for medical benefits and compensation for lost wages, many families would be financially devastated if the main income earner were injured or disabled as a result of an accident at work.

Prior to workers' compensation laws, injured workers either received no compensation or were forced to seek compensation from their employer, often through the court. These precedings rarely ended in favor of the injured worker, leaving the employer off the hook for compensation due to injuries suffered at work.

As we celebrate the 100^th anniversary of the workers' compensation system, we can all look back and see how far we have come in the last century. Much work must still be done to improve the system, however today's workers can be thankful there is a system in place which looks out for the safety and well being of employees.

Should Volunteers Be Covered By Workers' Compensation?

Thu, 14 Jul 2011 08:00:00 EST

In what many consider a black and white issue, questions have been raised regarding workers' compensation benefits for volunteers. It would seem the phrase "workers' compensation" says it all; compensation available to employees injured while performing work-related duties.

The issue is not so clear when you begin to look at individuals such as volunteer firefighters or individuals working with a non-profit organization. Although these individuals may not qualify as "workers", should they be denied protection and coverage while performing duties others would be paid to do?

The laws are fairly clear regarding coverage for individuals who volunteer their services in the state of New York. Here we look at examples of when workers' compensation is available and situations where it is not required.

Any not-for-profit organization which does not provide compensation (wages, stipends, room and board, other benefits with monetary value) to volunteers in not required to obtain a workers' compensation policy. Individuals volunteering for these organizations would generally not be eligible for workers' compensation benefits.
A not-for-profit organization which provides compensation with monetary value to volunteers is required to obtain a workers' compensation policy with the exception of paid clergy members, individuals engaged in a teaching capacity for a religious, educational or charitable institution and persons engaged in a non-manual capacity for the same institutions. In some cases, organizations may choose to voluntarily provide workers' compensation coverage for individuals otherwise except.

Communities which rely on the services of volunteer firefighters have found high workers' compensation premiums are difficult to fit into the budget. Due to the nature of the "work" performed by these volunteers, injuries are common making it a necessary expense. Many communities turn to fund raisers and other forms of donations to provide the workers' compensation coverage needed to ensure their volunteers are covered.

Medicare Strike Force "Strikes" Again

Thu, 14 Jul 2011 08:00:00 EST

With the use of a nationwide computer system which points investigators in the direction of fraud "hot spots", the Medicare Strike Force has found it's latest target. As reported in a press release, "Leonard Langman, M.D., a neurologist who owned and operated a Brooklyn, N.Y., medical clinic pleaded guilty today for his role in a scheme to defraud Medicare; the U.S. Department of Labor, Office of Workers' Compensation Programs; the New York State Workers' Compensation Board; the New York State Insurance Fund and various private health insurance carriers." The announcement was made by the Departments of Justice and Health and Human Services.

Court documents provide information regarding false and fraudulent claims made by Dr. Langman during the period from January 2006 to December 2009. Langman is charged with submitting claims for services that were never performed, billing for services at a higher level than those performed, billing for services when the Langman was out of the country and double billing health care programs for the same service.

This is just the latest in a long list of fraudsters discovered by the Medicare Strike Force. Based in Miramar, Florida, the Strike Force was created to help investigators and other officials spot possible acts of fraud within the Medicare system. A recent article published by the LATimes.com states, "Just last month, strike force investigations led to charges against 21 suspected fraudsters accused of trying to bilk Medicare of more than $23 million."

According to the U.S. Attorney's Office in Miami, 102 defendants have been charged in South Florida for submitting fraudulent claims which total $441 million. Medicare and workers' compensation fraud are a major problem in the U.S. When fraudsters take advantage of these programs, benefits and compensation for those in need is often compromised. For this reason, each American should take acts of fraud very seriously and report fraudulent activity when suspected.

Health Care Fraud Hurts Us All

Tue, 12 Jul 2011 08:00:00 EST

In light of the recent news of the Brooklyn neurologist pleading guilty to fraudulent claims against Medicare and other health care insurance providers, it is important to remember that the illegal activities of medical professions like Dr. Langman hurt the rest of us.

Health care costs are already significantly high and for some, it is already unaffordable to receive even the basic health care necessary for long life. With the finding of yet another physician trying to get one over on the insurance industry and the federal agencies, it is no wonder more and more people have a hard time affording good health care. It becomes particularly frustrating when dealing with worker's compensation injuries.

Cases of fraud are not uncommon but it is doing a number on the health care and insurance industries. The United States government has even stepped up measures to ensure that scam artists are identified and prosecuted according to the law. The specialized task force has already found more than 1,000 criminals who have been bilking the system out of money. Imagine how many more are not getting caught.

Next time you are facing medical bills you can't afford to pay, blame the con artists and their fraudulent activities. But let it serve as a reminder to check your billing statements and make sure you are clear on what procedures are being done and what treatment is given before you also become a part of the increasing fraud crimes affecting the health care industry.

Evaluating Basic Safety Equipment: How Good Are Your Shoes?

Fri, 08 Jul 2011 08:00:00 EST

When we hear about personal protective equipment, usually what comes to mind is the safety gear like hard hats, helmets, goggles, and masks workers wear on the job to protect their bodies from work injuries. Safety gear not only entails the additional accessories required on a job site but also the basics.

Chronic pain is a common work-related injury that employees in many industries experience simply from doing their jobs and walking around the job site. Many leg, foot, and ankle injuries are caused by trips, falls, slips, and physically walking into objects on the work site.

One reason these injuries occur is because workers are not employing the right type of footwear when working in different environments and situations. There are some companies that do require steel-toed boots or other specified foot wear but for those who do not establish any guidelines, employees may be subjected to injury simply because they fail to wear the right shoes.

Consider what you do each day and if the footwear you choose is, in fact, going to be safe. Even for office jobs, it is important to have skid-resistant, slip-resistant shoes to prevent accidents while walking. When inclement weather hits, even if you don't work outside, you should be prepared with the proper footwear to prevent simple slip and fall work injuries.

It is these simple slips and falls due to insufficient footwear that cause workers lifelong pain and medical costs. If the wrong pair of shoes can put you out of work for the long-haul, you need to consider your options and practice your own personal safety checks even if your employer has nothing definitive.

Health is a Big Part of Safety

Thu, 07 Jul 2011 08:00:00 EST

Working at a manual labor job requires attention to detail and to safety measures in order to avoid workers compensation injuries and serious medical issues moving forward. But when employers cover the ‘health and safety' requirements in training seminars and in the employee handbook, many people fail to really consider how health plays into our jobs.

As more people need to put off retirement for another year or more to keep income coming in, many jobs that require demanding physical labor can put the health of employees at risk. If your body is not healthy to start with, you are putting yourself in harm's way when it comes to injuries on the job.

Many employers will require yearly physicals by the family or work physician to ensure their employees are in good enough shape to handle the tasks at hand. Those that do not require a physical should still remind employees about the importance of regular health check ups.

There are many stories of people dying on the job because they were not in shape enough to perform job tasks safely. Many people, especially those on the job for a long time, will resist the notion of seeing doctor when their normal aches and pains go to a new level. Heart attacks, heart failure, and other issues can be linked to pushing one's self too hard for too long. Manual labor jobs, especially for those older in age or already suffering other medical issues are putting people at risk.

While you may need the job to get the paycheck, remember to check in regularly with your own health and make sure you are capable of doing the job at hand. If your body gives out on the job or you suffer a work injury, you are jeopardizing your income anyway. Err on the side of caution and check in with your doctor whether your employer requires it or not.

Personal Health is a Big Part of Work Safety

Thu, 07 Jul 2011 08:00:00 EST

Prevent Musculoskeletal Injuries With Proper Training

Tue, 05 Jul 2011 08:00:00 EST

The musculoskeletal injuries incurred on the job are likely preventable in many cases. But it is up to both the employer and employee to ensure proper training and work techniques are utilized on the job all the time to keep up with the health and safety of all workers.

Musculoskeletal injuries are those often incurred by improper lifting techniques, work movements, repetitive motions, and even slips and falls. Injuring muscles in the neck, back, wrist, shoulders, and ankles are common on the job injuries that lead to workers compensation claims. While these injuries may be due to legitimate accidents, many are still due to the lack of proper training on the part of management or the lack of attention to safety on the part of workers.

If you pull your back muscles out because you failed to lift with your knees you either weren't paying attention to your job training or you were not provided with proper training. Unfortunately, many musculoskeletal injuries are preventable but at the same time, many of these injuries are extremely painful and can put you out of work for the foreseeable future.

The best thing you can do for yourself is pay attention to safety trainings and make sure you are performing job tasks as safely as you can. Too often people get comfortable on the job and fail to follow safety guidelines which can be as obvious as the right way to pick up a box. Employees can be quick to dismiss training seminars and sessions because they feel they know what they are doing and couldn't possibly learn any more.

But it is this regular attention to health and safety that may prevent you from being out of work due to a broken arm, painful slipped disc, or carpel tunnel syndrome side effects. By working to prevent injuries, especially those affecting the musculoskeletal system, it can save you both time and loss of income in your work life.

Physical fitness is also something that can help keep you healthy on the job if you perform manual labor. Regular exercise and good sleeping habits can make a world of difference on the job to preventing musculoskeletal workers compensation injuries.

If you have questions about a worker's compensation claim, call us toll free 866-205-2415 for a free evaluation of your situation or use our online contact form.

Social Security Disability Claims May Depend on Preference of Judge

Tue, 05 Jul 2011 08:00:00 EST

Those who are looking to obtain Social Security benefits are beginning to realize that not all claims are decided equally. In the past, the Social Security Administration did not released information unless it was specifically requested. Now the agency regularly posts updates each month about how judges decide cases.

Since this release of information, new details are being discussed about the disparities in how claims are handled. The group with the most issues concerns those claimants who filed appeals because they felt their initial claim denial was unfair. The monthly data has shown that some judges will approve almost all claims while other judges will hardly approve a handful.

The Social Security Administration's inspector general has begun to look at the data and Congress has also stepped in but many, including SSA officials and disabled people advocates have made it clear they want to stay out of the judges' decisions.

Currently, the SSA reports approximately 8.4 million disabled workers are in the nation that get an average monthly Social Security benefit in the amount of $1,069. Another 8.1 million disabled, low-income citizens get approximately $500 a month in income from Supplemental Social Security. Figures for fiscal year 2010 were shown to be up more than 38% for disability worker benefits than in the previous five years.

Since the increase in cases, the Social Security Administration has added about 200 more judges and worked towards streamlining the claims review process. Wait times for approval or denial have since dropped from an average of 532 days in 2008 to 354 days in 2011.

Denial Ain't Just a River In Egypt

Tue, 05 Jul 2011 08:00:00 EST

When you apply for Social Security benefits and are denied your claim by a Social Security Administrative judge, you may be tempted to call it quits rather than face the system once again. But it is important for those who have legitimate claims to follow through and seek an appeal for the award of benefits.

As a recent news story suggest, different judges have different ways of looking at Social Security benefits claims and it may be necessary for you to get the outside assistance of a legal representative involved to handle your Social Security benefits appeal.

As attorneys who have been through the system more times than we can count, we know what it takes to make an appeal work so you can win your right to Social Security benefits you need. If you have only filed for a claim one time and were denied, it is important to seek help from someone with the experience necessary to win the appeal rather than give up your claim.

Being unable to work or bring income into your household will get old fast. Since the Social Security approval time can be a long process, it pays to know your options rather than just sit tight with the final decision of the judge on your case.

If you have presented your claim in front a judge with an historical track record of denying claims, you need the experience on your side to see your appeal case through to fruition. Because the complexities and legalities of filing and appealing Social Security benefits can get frustrating, don't give up on your denial.

Contact our office for a free evaluation of your Social Security benefits denial by calling toll free at 866-205-2415 or using our online contact form for more information.

How are skin disorders evaluated for disability in New York?

Sat, 02 Jul 2011 08:00:00 EST

Obtaining New York Social Security disability can be tricky for victims of skin disorders. Regardless of whether your skin disorder is due to disease, from a work-related accident, or hereditary, the way it is evaluated by the Social Security Administration follows a certain pattern. When you see your doctor, he or she will evaluate you for the specifics of your skin disorder, while collecting general information as well. The Social Security Administration will specifically be looking for information regarding:

Onset and history
Duration
Frequency of flare-ups
Appearance
Ability to function
Prognosis

Once this information has been gathered, your Social Security disability claim will be assessed for severity. This will take into account how often your skin disorder and symptoms interfere with your ability to function in daily life. How often you have flare-ups and how you react to treatment also will be taken into account.

If you are considering a Social Security disability claim, it is highly recommended that you speak with an experienced NY Social Security disability attorney. With Markhoff & Mittman, you can expect the help of a lawyer who is up-to-date on NY disability law and will carefully explain the process to you every step of the way. Give us a call at 1-866-205-2415 to schedule a FREE consultation. As special thanks for stopping by, we also will send you a copy of our book, 5 Deadly Sins That Can Derail Your New York Workers' Compensation Case, for free.

Why Social Media and Unauthorized Call Offs Don't Mix

Fri, 01 Jul 2011 08:00:00 EST

When you call off your job, especially during the summer months, you might be tempted to post your non-approved plans for the day. In other words if you take off work and it is an unauthorized absence, it's probably in your best interest to refrain from posting your actually whereabouts on social media.

More and more employers are using social media to see what employees are up to. So if you are telling your boss you are sick in bed with the flu and then post pictures on Facebook of you and your family relaxing at the beach, you may be creating a perfect situation for your boss to consider disciplinary actions or even termination, depending on the company's call-off policies.

Social media often paints pictures of individuals they would rather their boss or future boss not see. It is important to consider who your social media activity translates back to your career. Privacy is hard to maintain these days but if you want to ensure your job is secure and you are not gaining a reputation as an unreliable worker, pay attention to what you are putting out to the world.

Remember too that if you are taking ‘sick days' when you aren't sick, you can be jeopardizing your health and risking co-workers safety when you are too sick to work and can not call off. Missing work, especially now when jobs are hard to come by, can be a mistake that cost you income. Get better prepared at pre-scheduling your days off for summer time fun so you don't miss out on family time but can keep both your job and professional reputation.

Would You Tell Your Employer About Legal Drug Use?

Tue, 28 Jun 2011 08:00:00 EST

You have a right to privacy but when it comes to that privacy being a danger to others, you may feel stuck between a rock and a hard place. While some employers may be more than flexible if you have a medical issue requiring prescription drug use, other employees may not want anything to do with the liability and would rather fire you no questions ask.

If you were required to be on prescription medications but knew it would be a safety hazard to others on the job, what would you do? There have been many lawsuits involving employees who were fired after testing positive for drugs they were legally allowed to take for medical reasons. These employees fought back against the termination because they essentially had no guidelines to follow or medical leave to take when prescriptions medications were prescribed. They took their medications and went to work.

In the same breath, these employees under the influence of legal drugs did not always make the best choices when it came to the welfare of co-workers. While taking medications explicitly warning of the possibility of drowsiness and the danger of operating machinery, they still assumed their duties and ended up injuring others or themselves on the job.

Employees can be hard-pressed to decide what to do when the company offers no alternative course of action for such medical matters. Those who can not afford to miss work will still report for duty despite the danger it may pose. They fear losing their job for being unable to perform their duties. It can truly feel as if they are stuck between a rock and a hard place.

If you are required to take medication under the supervision of your doctor, you should follow the protocol in the employee handbook and if there is none, speak with a supervisor about what to do next. Getting back on the forklift without saying a word not only puts you at risk but everyone else on the job.

If you have questions about your rights in such a situation, speak with our legal experts. If you have been injured on the job because someone else was taking medication and caused your injury, contact our office to schedule a free evaluation of your case by dialing toll free 866-205-2415 or using our confidential online contact form.

Should Fraudsters Get Jail Time?

Fri, 24 Jun 2011 08:00:00 EST

Fraud is an ever growing problem within the workers' compensation system. There are endless accounts of individuals taking advantage of the system to claim benefits to which they are not entitled. Sometimes the person is legitimately injured when the claim is made, however fraud occurs when they continue to collect benefits or claim injury when there is none. When this happens, it costs everyone- including taxpayers who ultimately feel the effect of higher insurance premiums and tax funded programs which often provide care for these fraudsters.

Considering the high cost of these acts of fraud, one might wonder what an appropriate punishment should be for individuals found guilty of committing fraud. Costing billions of dollars annually, fraud is a problem each of us end up paying for at some point in time.

For those who are caught stealing from the system, jail time and restitution appears to be a fair punishment. In the case of Kelly Woods, 1-3 years in prison and almost $45,000 in restitution is the punishment for insurance and workers' compensation fraud.

If you think this is a severe punishment for something many consider a minor infraction, consider how much money would have been paid out to Woods had she not been caught -$591,762.

With over half a million dollars on the line for one person, it is easy to see how fraud can add up to billions in lost benefits and money. Woods claimed to have a serious neck injury allegedly as the result of work at a New York construction firm. After video footage disproved her claim, Woods fled the state and had to be extradited to receive sentencing for her fraudulent acts.

Reasons Why You May Need A Workers' Comp Attorney

Thu, 23 Jun 2011 08:00:00 EST

In an ideal world, there would be no need for an injured worker to seek the help of a workers' compensation attorney. If you are injured at work, compensation should be available to you to offset medical expenses and time off the job. Unfortunately things do not always work out as they should, leaving many injured workers short on cash and other benefits to which they are entitled. To ensure you are not at risk of losing important benefits, consult an experienced workers' compensation attorney if you notice any of the following scenarios.

Failure To Respond

If you have been injured on the job and your employer fails to respond in an appropriate manner, you may feel as if your injury is of no real concern to your boss. When a worker is injured at work, the first thing an employer should do when notified of the injury is seek medical care for the injured worker. Should this not happen immediately, the worker should consider contacting a workers' compensation attorney to ensure the claim is handled properly.

Failure To Report

In some cases the employer will provide the medical care necessary, however the actual reporting of the claim may end up on the back burner. Employees hurt while performing job related duties should know their case has been reported by their boss in a timely manner. When an injured worker goes days or even weeks without hearing from a workers' compensation representative, the general consensus is that the employer is not terribly concerned with the processing of the claim.

Failure to Adjust Work Duties

You received medical care at the time of your injury and your claim was reported in a timely manner, however your boss is willing or pushing for a return to work before the doctor says it is okay. Should your employer pressure a return to work before it is medically safe to do so, representation by a workers' compensation attorney may be necessary to protect your rights and health.

Workers' Compensation Guidelines Reduce Medical Treatment

Thu, 23 Jun 2011 08:00:00 EST

When the Workers' Compensation Board adopted new guidelines at the end of 2010, many workers were unaware how these changes would impact their benefits. The new Medical Treatment Guidelines were implemented on December 1, 2010 and since that time injured workers have discovered medical treatment has either been reduced or denied.

Workers' injured prior to the new guidelines are finding it difficult to receive the medical treatment needed as a result of the changes. Doctors must comply with a complex set of regulations that hinder the ability to receive necessary treatment, regardless of when the injury occurred.

Supporters of the new guidelines believe they are beneficial in that a uniform standard of care is available across the board. The guidelines should help medical providers follow up on patient care to determine if the quality of care that is needed is being provided as well as whether or not treatments are actually helping injured workers' recover.

On the other side of the argument are the injured workers themselves and their advocates. They claim the new guidelines have interfered with ongoing care of workers' injured prior to the implementation of guidelines which have caused confusion among those in the medical profession.

Due to the ongoing debate over how these new rules have affected the medical care of injured workers, consideration is being given to the altering of these guidelines by state lawmakers. The standard of care for injured workers depends on the reaction of lawmakers. If the guidelines are upheld, all workers injured on the job will be treated the same way regardless of when the injury occurred. If legislation is passed to alter the guidelines, only workers who have been injured since the implementation of the new rules will be affected by them.

How Much Is That Text Worth?

Wed, 22 Jun 2011 08:00:00 EST

Society often points the finger at teen drivers as being the root cause of texting-related accidents on the road but the truth is more adults, especially those working from the road, may be the bigger concern. Rushing from sales call to sales call or trying to race to the airport to catch a business flight often means a person has a cell phone attached to their ear and their attention is far from the road.

When you make phone calls or compose texts while on the road, you are not only placing yourself and other drivers in harms way, you may also be altering your entire future. Being injured in a car crash caused by one simple text can strip you of your paycheck, now and in the future. Permanent injuries can mean you'll never work on the road again.

One text can jeopardize the financial stability of your family and cost you thousands of dollars in medical expenses. Being at fault in a text-related driving accident can also jeopardize your chance at getting assistance from worker's compensation.

One text or one phone call is not worth the consequences. Consider what you are putting in harms way before pulling out the cell phone on the Interstate. Make it a habit to pull over into a parking lot or a safe spot on the side of the road if you must tend to business while driving. Your good choices and common sense can save you a lot of hassles and frustrations and financial difficulties.

If you have been injured due to the negligence of someone else on the road, you need the guidance of experienced attorneys. We can provide a free consultation and all you need to do is schedule an appointment by calling us toll free at 866-205-2415 or use our online contact form to tell us about your situation.

Speak Up for Worker's Compensation Rights

Tue, 21 Jun 2011 08:00:00 EST

Just because you are assigned a worker's compensation adjuster does not mean that person is competent or even cares about your specific case. Most adjusters with a good reputation do take the time to get to know you and make sure all of the details of your claim have been addressed so that you feel comfortable with the work being done.

Unfortunately there are also adjusters working for a paycheck who do not do what is necessary to ensure your worker's compensation claim is handled correctly. If you are working with an adjuster who proves to be difficult or is not handling your paperwork in a timely manner, it can ultimately hurt your case.

Being injured on the job is no one's idea of fun and having an adjuster who is slow and inefficient is not going to help matters in the least. A worker's compensation claim needs attention to detail and you, as the injured party, need to have your concerns addressed. If you feel your compensation adjuster is not doing their job correctly, you have a right to request another adjuster be assigned to the claim.

If you find that you face brick walls with your worker's compensation claim every time you turn around, it may be time to get the legal help you need to prevent your worker's compensation claim from going the wrong way. We can evaluate your case for free and give you the legal advice necessary to repair mistakes caused by a inefficient claims adjuster.

Contact our office toll free 866-205-2415 for more information about scheduling an appointment to discuss your worker's compensation case. You can also use our confidential online form to reach us. Don't let a bad adjuster ruin your day or your worker's compensation claim.

Injured At Work? Good Luck Getting Benefits!

Fri, 17 Jun 2011 08:00:00 EST

The need for change has been the topic of conversation within the workers' compensation system for years. Billions of dollars are lost every year to fraud. Workers, employers and even those in the medical profession have been caught taking advantage of a system designed to provide benefits to injured workers. With each instance of fraud or misuse of benefits, the harder it becomes for employees who are legitimately entitled to benefits to receive compensation.

States across the nation are considering workers' compensation reforms, many of which strip workers of their benefits while making it easier for the insurance company to deny claims. By saving money on one hand, these changes will most likely shift the responsibility from the insurance company to other programs funded by taxpayers dollars.

Another change which may alter the way workers' compensation claims are handled is the increasingly mobile world in which we live. Employers are taking advantage of technology and reducing costs by allowing workers to telecommute or work from home. The traditional line dividing work space and time and personal space and time has now become blurred, making it difficult if not impossible to determine if an injury occurred "at the workplace".

If you are fortunate enough to prove the accident occurred at work, qualifying for benefits may still be an elusive endeavor. Alabama news WAFF.com reports, "The Alabama supreme court ruled for the first time on a workers' comp case. It was regarding a woman who fell at work and broke her wrist. The injured worker could not prove it happened because of the work she was assigned to do, and in turn the supreme court said the company would not be held responsible."

Changes taking place within the workers' compensation system will likely limit the number of claims that are paid out by insurance companies. This will lower premiums for employers however who will pay the ultimate price? Have we reached the point where decades of fraud, misuse and abuse of the system have now resulted in changes which make it even more difficult for the worker legitimately suffering from a workplace injury to receive compensation? If you are injured at work, what are the chances you will receive the compensation you deserve?

Summer Planning Key to Job Stability

Thu, 16 Jun 2011 08:00:00 EST

With summer just on the horizon, it can be tempting to call in sick to work even when you are perfectly healthy. But calling off for non-legitimate reasons can eventually jeopardize your job status with your present employer.

While there are many valid reasons to call of work during the summer including illnesses, broken bones, or even serious sunburns, taking a vacation without any time left can put you in the hot seat and potentially cost you your job.

It is in your best interest to understand clearly the requirements for earning vacation time and then plan to use that time wisely. Don't use vacation days when you just don't feel like going to work during the cold, winter months. Doing so may bring regret when the weather gets warmer.

Sick time is also something you should monitor. In addition to the summer illness that can bed workers, many summer time jobs or outdoor job tasks can subject workers to injuries while on the job. Working outside in the summer heat may bring about several medical situations that require extended time off for recovery. While you may be entitled to worker's compensation benefits, you may still need your sick days to earn a proper income.

Don't jeopardize your job because you want some summer fun. Instead, plan ahead and schedule time off using the proper protocol as directed by management. Not only will you be able to enjoy your time off guilt-free, you will also be able rely on your job security.

If you have a legitimate on-the-job injury from summer duties to recover from, it is also important to secure your rights to worker's compensation. Contact our office toll free at 866-205-2415 or use our online contact form to schedule an appointment so we can evaluate your case.

Insurance Companies Allowed To Designate "Employee" Status

Thu, 16 Jun 2011 08:00:00 EST

Workers' compensation premiums are determined based on several factors. Employees pay different premiums for coverage depending on the number of employees as well as the type of work performed. As mentioned in previous articles, a construction company will pay higher insurance rates for workers' compensation than that of a small business employing a handful of office workers.

What if every business had to include independent contractors or third parties in their list of "employees" to be covered by workers' comp? For example, should a small business owner be required to list the UPS delivery driver or independent computer technician on the "list" of employees to be covered? If every business were required to include "every" person with whom they did business, insurance premiums would sky rocket.

This is exactly what New York's horsemen in the harness industry have been dealing with for years. For years owners and trainers in the industry have paid workers' compensation premiums for independent contractors and service providers that cannot legally be listed as employees (and rightly so). Despite being charged for these individuals, no real coverage is available as these individuals are not in fact employees. So who exactly benefits from increased insurance premiums for coverage that can never be collected on? It would seem the insurance companies are the only party that stands to benefit from this practice.

As a result, Bill #A8287 which was introduced in the NYS Legislature would change the way insurance companies designate "employees" and in turn reduce the amount of workers' compensation insurance premiums paid by members of the harness industry. This would be an obvious relief for members of that industry as well as the independent contractors and service providers who may or may not see the trickle down affect of reduced capital as a result of paying high insurance premiums.

Should insurance companies have the right to designate who qualifies as an "employee" despite the fact that those same individuals would be denied benefits if filing a workers' compensation claim?

How to Prevent a New York Rotator Cuff Injury

Wed, 15 Jun 2011 08:00:00 EST

If you've suffered a rotator cuff tear while on the job in Westchester County, you know how painful it can be. Worse still, a severe rotator cuff injury can continue to cause arm and shoulder problems even long after a surgical repair. If you have to work overhead or lift heavy loads as part of your job, learning how to prevent a rotator cuff injury can ultimately mean preventing expensive hospital bills and time away from work.

Although some rotator cuff injuries are due to acute trauma, most are the result of years of hard work that slowly erode the stability of your shoulder. To prevent a shoulder injury, and all of the problems that go along with it, you should:

Use gentle stretches to keep the shoulder flexible and relieve strain.
Exercise the shoulder using lower resistance weight training paired with higher repetition to build shoulder strength without strain.
Warm up before heavy lifting or other shoulder-stressing work to prevent tears.
Schedule a regular massage, which can increase blood flow and soothe tired muscles.
Take short breaks between straining tasks to allow your muscles to recover.

Remember to treat your shoulders well, and they will work for you for years to come. However, if you have already suffered a rotator cuff tear on a NY worksite, we'd like to hear from you and answer your questions. As White Plains workers' compensation attorneys, we are devoted to helping injured New York workers get the compensation they deserve. Give us a call at 1-866-205-2415 or 1-914-946-1452 today. We'd also like to send you a FREE copy of our book, 5 Deadly Sins That Can Derail Your New York Workers' Compensation Case, which we believe you will find very helpful. Thanks for stopping by!

Avoiding Fall Out of Co-Worker Comp Fraud

Tue, 14 Jun 2011 08:00:00 EST

Worker's compensation fraud is not uncommon but what you know can hurt you too. Oftentimes, co-workers will know that an on the job injury of another is not exactly what it seems. Many co-workers will not blow the whistle on someone they like simply due to the code of friendship.

But what you know about another's workers compensation fraud can be hazardous to your job. It can be difficult to stand up and report fraudulent claims to your supervisors but if you don't, you can end up losing your job too.

Companies fork over hundreds of thousands of dollars in workers compensation claims that turn out to be false. The more money companies lose, the more likely they are to start downsizing, risking the jobs of all other staff.

Check out your company's policy on reporting workers compensation fraud. It is advisable that you have solid evidence of the fraud rather than just going off hearsay of others. Supervisors should be notified of the possibility of fraud by another co-worker and management will need to go through the protocol of investigating your claims.

If you sit quiet while another collects money they are not entitled to, you could face the potential consequences in the short and long term, resulting in the loss of your job. If management finds out co-workers were aware of the fraud being committed, those in the know may also be terminated for not telling.

Don't let someone else's disobedience of the law affect your life. Know what you need to do if you suspect worker's compensation fraud. Confidentiality should be protected on the part of the employer and you will not have to carry around the burden or the stress of someone else's fraud.

Working With the Public Has It's Dangers

Tue, 14 Jun 2011 08:00:00 EST

People who work directly with the general public need to have special characteristics that allow them to face just about anything. Unfortunately, just as working with the public can be extremely gratifying but at the same time it can be dangerous.

Consider those working in the various bars and clubs with intoxicated patrons. Waitresses and bartenders are often hit on by patrons who can turn aggressive with their advances and sexual harassment tendencies. Not only are their safety issues to deal with while still on the job, some workers have been accosted while leaving their shift. Assaults are not uncommon on workers serving the public. It is a huge worker's compensation risk that many people do not address.

Working with strangers leaves you open to just about anything happening. It is very important to take any threats seriously and report incidents, even minor ones, to appropriate management personnel. It may be your only defense should something physical happen that causes injuries.

Being employed in a job that deals with the public also requires training for safety. Make sure your employer has regular safety seminars to train all employees how to deal with situations that get out of hand. Often your co-workers are your first defense from something happening to you at work.

In these days of increased violence and heightened safety concerns, it is important to take all threats or incidents seriously the first time. Don't wait until something more serious happens before reporting what is happening to management.

If you have been the victim of physical violence and suffered injuries while working on the job, you may have the right to collect worker's compensation benefits. Losing time at work to recover means lost wages and if you rely on tips for you income you may not be able to meet your medical expenses. Contact our office toll free at 866-205-2415 to schedule an appointment to discuss your case. Don't let anyone ruin your financial stability.

Equipment More Cost Effective Investment Than Workers

Fri, 10 Jun 2011 08:00:00 EST

The recession has changed the way companies are doing business. As small businesses fold and bigger businesses downsize, the need to cut costs wherever possible is strong. For some companies the best way to reduce expenses is by reducing the number of live bodies performing job duties.

This move to replace laborers with machines is likely to the fact that equipment prices have dropped almost 2.5 percent during the recovery period while labor costs increased by almost 7 percent. Not only is it more cost effective to invest in equipment or software, the actual cost of production is lower as well. Unlike the original purchase price of a piece of equipment, employee require long term investments. This may include wages, health benefits, insurance costs and ongoing training.

Workers' compensation insurance premiums are calculated by the number of employees and the the type of work they perform. A company employing three office workers will pay lower premiums than a contracting company with fifty construction workers. If a business can purchase and use equipment or computer software to perform the same tasks, it becomes less cost effective to hire workers to do the same job.

Of course this strategy does not bode well for job seekers, however in the long term technological advances may lead to better jobs. Employees must be willing to invest in themselves and receive the training and education needed to compete in a constantly evolving world of technology.

In the meantime economists believe businesses might be more inclined to invest in employees if the same tax incentives for equipment investments were made available for hiring.

Domestic Workers Continue Fight For Basic Workplace Protections

Fri, 10 Jun 2011 08:00:00 EST

When New York passed the Domestic Workers' Bill of Rights, domestic workers in other states began the push for equal and fair labor laws. While several states are considering similar bills, California is ready to go before the Senate next week with The California Domestic Workers' Bill of Rights. If successful the passage of this bill will provide basic workplace protections for California's 200,000 domestic workers, many of whom are female immigrants.

These protections are vital to workers who often work in private homes versus in the public view. Lacking legislation to regulate and govern employers of domestic workers, many are forced to work in unsafe conditions. Workplace injuries are common, however compensation is not. Workers who cannot perform job duties risk losing their only source of income, therefore many continue to work in spite of injuries or harsh conditions.

Domestic workers have been vulnerable to exploitation since the 1930's when they were excluded from basic labor protection laws. The United States is home to 10 million domestic workers. Immigrants often hold these positions and in some cases immigrants are undocumented. The immigration status of domestic workers should not determine if a domestic worker is abused or forced to work conditions which are unsafe.

Across the globe there are over 50 million people employed as domestic workers. To provide all workers with basic rights, the International Labor Organization will vote on global standards on June 17.

In the meantime, Americans must question why all states haven't passed bills similar to that of New York and California? Depriving workers of basic rights is not only unfair, in some cases it is inhumane. If you can't find safe work conditions and a fair wage in the United States, where can you find them?

Additional Compensation For Workers Injured Due To Gross Negligence

Thu, 09 Jun 2011 08:00:00 EST

Workers' compensation laws allow for injured workers to receive compensation and benefits without suing their employers. This was and remains the way the system works since laws were first written a century ago. As a general rule workers injured on the job waive the right to sue their employers when they receive compensation through the system.

As stated in a recently published Reuters article, "New York state law allows employees to sue for additional compensation if they can prove their employer engaged in 'gross negligence.' But courts have held that gross negligence must include intentional misconduct on the part of the employer, and this is a high bar for a plaintiff to clear. 'In order to show gross negligence, you need to show that the employer participated in the assault,' said labour attorney Philip Berkowitz, of Littler Mendelson."

The arrest of Dominique Strauss-Kahn for alleged sexual assault of a hotel maid has brought this issue to the forefront in the hospitality industry. As Strauss-Kahn pleaded not guilty to the alleged charges, hotel workers protested outside the New York Supreme Court. According to workers, past incidents when guests assaulted hotel staff were "swept under the rug".

Failure to involve police or report incidents of assault does not necessarily equal gross negligence under New York law. Nevertheless, those in the hospitality industry are paying attention and changing the way staff complaints are handled. Hotel employees should be able to report to work and feel safe while performing their job duties. Proposed legislation would require panic buttons for all housekeeping staff. Security procedures and safety training are being reevaluated in the wake of this assault. These changes within the industry should improve safety and reduce the chances of staff being injured on the job.

Getting a Divorce Requires Attention to Detail

Wed, 08 Jun 2011 08:00:00 EST

As a divorcee, you have the right to collect Social Security benefits from an ex-spouse provided you have been married for 10 years or more. This resource for collecting Social Security income from an ex is often overlooked to the detriment of many. But it is critical that those who are going through the process of divorce pay attention to the details of a divorce settlement.

Our firm has helped many people get Social Security benefits even when they have been denied. However, one particular story is always easy to remember that we heard from another attorney outside our practice. It involved a woman who sought a divorce from her husband and finalized the divorce settlement papers before realizing that the divorce was made final just a few days shy of celebrating their ten-year anniversary. As a result, the wife was not eligible to receive her ex-husband's Social Security benefits. Unfortunately, the attorney on the job should have paid close attention to such details.\

Divorce proceedings can be complicated but a few days and a few details can make a big difference to your future. For those who have reached the full age of retirement, the maximum benefits paid out can make a big difference in your Golden years. By not paying close attention to such details or even not knowing you are eligible for such benefits, you can struggle during retirement or may find yourself working longer than you planned after a divorce.

Social security benefits can make a difference. You should make certain that if you are planning a divorce from a spouse you have a qualified legal representative to ensure all i's are dotted and t's are crossed. If you need help with Social Security benefits within a divorce or after one, it is important to have legal advice especially if you are disabled.

Contact our office to discuss your Social Security concerns at (866) 205-2415 or use our confidential online contact form to get help.

Is Your Job Worth Losing Over Recreational Drugs?

Tue, 07 Jun 2011 08:00:00 EST

Our economy in America is still pretty shaky and the job market is not doing much better. If you are taking recreational drugs in your spare time, it can still cost you the job you have and make it harder to find new employment.

Most employers today require upfront drug testing when considering candidates for hire. If you fail the test, you likely will not be offered employment. If you already have a job and experience an injury while at work, you are risking that much more by taking recreational drugs. Most employers will require a drug test immediately after the accident took place. They will either issue the test in-house or require the worker's compensation doctor to perform the test. If recreational drugs are found in your system and may have been a factor in causing your work injury, you will likely lose your benefits from worker's compensation. You may also be risking your position as you could be fired for violating the company's drug use policy.

You may think that recreational drug use after-hours has nothing to do with your job. But if something goes wrong and you get hurt, that recreational drug use off company time could end up getting you terminated. If you plan to seek a new job in the near future to make ends continue to meet financially, you may once again fail a drug test affecting your employment potential due to your recreational drug usage.

It seems that using drugs for recreational purposes has a serious impact on your immediate future as well as your income potential. Now is really not the time to take your job (or your health for that matter) for granted. Accidents on the job can happen at any time and even if the drugs detected in your system are not a factor in the injury, you still risk losing it all and then some.

Emergency Preparedness And Evacuation Plans Needed For New York Theaters

Fri, 03 Jun 2011 08:00:00 EST

New York's theater district has been put on alert of future requirements during inspections from OSHA. Sixty-three theaters in New York received notice in the form of an April 15^th letter from the U.S. Occupational Safety and Health Administration. As reported by the Wall Street Journal, "Recent events, such as last summer's attempted car bomb in Times Square, have highlighted the need for increased vigilance and ongoing emergency preparedness". This statement refers to an incident which occurred in May 2010 when several theaters had to be evacuated in response to a smoldering car found in the area.

The letter which reportedly does not target specific theaters but rather the entire theater district was issued in response to December 2010 report which pointed out the need for improved plans to aid workers in the event of an emergency. The report which was prepared by New York state Assembly subcommittee on workplace safety was initiated by concerned employees of the theater district over current plans and procedures in place. A reexamination of present plans is believed to be needed to ensure workers have the information needed to safely evacuate should a natural or man made disaster occur.

Since individual theaters were not named in the letter, it has been recommended that OSHA, "issue clearer guidance on which theaters are required to establish Emergency Action Plans". Although this might make it easier for individual theaters to be in compliance during inspections, emergency preparedness and evacuation plans should be a priority for every business, regardless of OSHA "requirements". To reduce the risk of injury or death to workers and the public at large, every employer should have a plan of action in the event of an emergency. This should not only include evacuation plans but also a detailed description of which employees are responsible for various evacuation actions. Should assistance be required by other workers or the public, employees must be made aware of their responsibility before disaster strikes.

Mobile Technology Changing The Definition of "Workplace" Injuries

Thu, 02 Jun 2011 08:00:00 EST

It has been 100 years since workers' compensation laws changed the way workers were compensated for injuries sustained at the workplace. When lawmakers considered legislation which provided benefits for injured workers, the definition of "work-related" injuries was fairly clear. Workers reported to a specific location where they performed specific job duties for a specific period of time. The mobile society in which we live today is vastly different from the social and work environments of a century ago.

As stated in an article published by InsuranceJournal.com, "In 2009, there were 17.2 million people working from home. That number is expected to double by 2012." Telecommuting has changed what was traditionally considered the "workplace". As a result the line separating workplace injuries versus injuries sustained outside of the workplace.

Advances in technology allow workers to perform work-related tasks from just about any location imaginable. Smart phones make it possible for workers to send and receive email on the go, or participate in conference calls while on vacation. Wireless Internet and laptops make it possible for employees to log hours of work from coffee shops, airports or a neighborhood park. Employees have the ability to not only work from any location but also at any time. As long as deadlines are met and work is completed as required, many employees enjoy the freedom of working hours outside of the traditional 9-5.

While this new and less restricted work environment has been credited with increased productivity and less stress for employees, insurers question how this environment affects workers' compensation claims. Flexible hours and work locations make it difficult to determine whether or not an accident resulting in injury occurred as a result of work-related activities or personal activities.

It is unclear how these situations will be handled in the future. As mobile technology continues to change the way business is conducted, adjustments will have to be made to address the new and evolving "workplace" of American employees.

What should I look for in a New York workers' compensation attorney?

Wed, 01 Jun 2011 08:00:00 EST

Unless you've actually been injured while at work in New York, you probably don't spend a lot of time thinking about workers' compensation or how to navigate the system. If you do get injured on the job, though, you may struggle with all of the common myths about workers' compensation. Also, you probably will be overwhelmed by all of the choices and paperwork. You will need to at least talk to an attorney, but who can you trust to handle your individual case?

Not every NY workers' compensation lawyer is the same. As a general rule, you should look for an attorney who:

Understands the law and how it affects your particular case: State laws vary, and each workers' compensation case is unique. Workers' compensation law can be very confusing, often involving multiple authorizations, hearings, and payments. Avoid lawyers who boast tons of specialties. Choose a lawyer who is based in New York and focuses specifically on New York worker injuries.
Is experienced, especially with actually trying cases: Most attorneys find workers' compensation law extremely overwhelming. When you choose an experienced New York workers' compensation attorney, you are choosing someone who deals with this system every single day and knows exactly what to expect.

At Markhoff & Mittman, we have been committed to helping injured workers since 1933. We are based in White Plains and serve the entire New York area. If you have questions about your case, we'd really like to hear from you. Call us toll-free at (866) 205-2415, or use our confidential online contact form.

Summer Work Should Be More Than a Paycheck

Wed, 01 Jun 2011 08:00:00 EST

Teenage workers new to the workforce may only have one focus - the money they will earn for the things they want. Summer jobs are often available in the middle of May when college semesters are ending and young people are looking for work. Employers often have additional tasks to complete during the summer months when more work can be completed outside. Additionally, a lot of seasonal businesses that are only open during the summer, like amusement parks, require full staff for just a few months of the year.

While job availability for part time, temporary jobs is usually high many of the jobs come with a health and safety risk. Since many summer workers are on the job for the first time, there is an increased risk for accidents and injuries with the younger staff. In some cases, the full time workers may pass on the less than desirable work to the newbies but fail to offer the proper safety training before expecting the job to be done.

This can be very hazardous to the health and wellbeing of young workers. If a serious injury should occur, it can potentially risk the future work capacity of the teen. Even minor slips and falls can lead to spinal injuries, head injuries, or paralysis. Injuries this serious are often seen with teens working part time in construction, on road crews, tree trimming jobs, and even when working at a local pool. They also are more common for those working with or around heavy equipment.

Training may seem ‘boring' to first-time workers but it an essential component for the proper health and safety of the teen workers as well as all those working around them. As first-time workers may be nervous about their foray into the workforce, they may be subjected more easily to injuries caused by their own mistakes.

Parents of teen workers should help their child to understand the responsibilities of taking on employment outside of being on time. A brief overview of the different aspects of human resources can help point a young worker in the right direction and encourage more attention to safety while on the job.

If you are a teen worker or the parent of a teen worker, contact our office for professional legal assistance with your workers compensation benefits. You can reach us toll free at (866) 205-2415 or by using our confidential online contact form.

Forgetfulness Can Be More than Old-Age Humor

Wed, 01 Jun 2011 08:00:00 EST

The older we get, the funnier it seems to others when we forget things. While it can be somewhat humorous to watch your co-worker look for the eyeglasses sitting on top of his head, things get a lot more serious when your forgetfulness causes your coworkers injuries on the job because you forgot to do something.

Brain deterioration is a natural part of the aging process. While some people may begin to suffer memory problems during their last years of life, others will develop signs and symptoms before they have even reached the age of retirement. This can be a tremendous safety issue for others in the working environment.

Human errors are a chief factor in worker's compensation-related injuries. Having to work with someone who is slowing losing their brain functionality not only is a sad situation in general, it can also be a dangerous one for everybody involved. Those who have seen a significant decrease in their mental capacity may need to consider disability and early retirement.

Making a mistake because you forgot something puts others at risk and if you are working near others who have trouble processing information or are potential declining in their mental capacity, you have to worry about your own safety as well. There is no definitive age or stage of life that identifies decreased brain functioning and even young workers can still be susceptible to health issues surrounding the brain. It can be beneficial to keep health brains active by doing regular physical exercises, mental exercises, and ensuring a proper diet but it doesn't guarantee a problem can be fixed.

If you feel your memory has gone beyond ‘what it used to be', it may be time to check in with your primary physician for a proper diagnosis. Your medical provider should be able to recommend a course of treatment, preventative maintenance, and perhaps even the suggestion to submit to an early retirement rather than risk personal injury or the injury of other co-workers. Contact our office today for more information about Social Security disability. You can call us toll free at (866) 205-2415 or use our confidential online contact form to discuss your potential disability claim.

Workplace Safety Needs Updating for High Risk Jobs

Wed, 01 Jun 2011 08:00:00 EST

Workplace safety is a necessity in all jobs but with the constant risk police officers face each day, the specialized training is even more critical. Employees of other industries need to constantly promote workplace health and safety initiative much like the Police Department does, with upgraded safety training and employee protection programs. But it is a team effort to ensure the wellbeing of all on the job.

In a recent news story, two New York Police Officers were shot at close range by suspects involved in a crime. While both officers are on the road to recovery and have been recently promoted to rank of detective, the shootings certainly have changed their perspective of going to work everyday.

Unfortunately, in many job situations the health and safety of workers often gets placed on the backburner by both staff and management until something does go wrong. Only then will safety protocols be updated and training increased. For the workers involved in the incident, it may already be too late.

Workplace accidents, even minor ones, can result in extended time off for workers who must collect worker's compensation benefits. More serious cases may result in the long-term disability or permanent disability of the worker who may have to end the working life too early.

Workplace safety requirements and protocol should be clear to all workers and management to ensure the safety of others. While police officers face risks many other workers do not, any incident or accident can be life-changing and financially disastrous to those involved.

If you have been hurt on the job because safety practices were not being followed, it is important for you to protect your rights in a worker's compensation or possible disability claim. Contact our office for a free evaluation of your potential case by calling us toll free at (866) 205-2415 or using our confidential online form.

Cervical Spine Injuries May Not Allow for Light Duty Tasks

Fri, 27 May 2011 08:00:00 EST

If you have suffered a work-related cervical spine injury, it may not be simple for you to return to your job, even on light duty assignment. Injuries of any type to the spine can pose serious risks if you return to ‘normal' activities too soon. Cervical spine injuries can require long-term physical therapy for proper rehabilitation. Since many jobs have repetitive motion requirements, workers may not be able to return to work for some time even to a lighter duty job.

Being out of work and facing large medical bills as well as treatment costs can be a scary proposition. It is in the worker's best interest to explore their rights for a worker's compensation claim. Many times, workers with neck/spine injuries will have limited use of their hands and arms or severe pain associated with even small movements, making it difficult to do any work, potentially for an extended period of time. Arm pain, neck pain, and headaches are often side effects of a cervical spine injury that limit your range of motion at work and at home. Additionally, those suffering from such a condition may find it hard to sleep well and normal functioning is often hampered due to the pain.

Cervical spine injuries may take a long recovery or rehabilitation time. Not everyone can return to work with in a few days or even a few weeks. Imagine life over the course of several months without steady income. Debts will no doubt begin to mount simple for the medical side of your work-related neck injury. This is the reason it is so important to find out your rights as far as a worker's compensation claim goes, even if you are eligible to return to work on light duty.

Call our office for a free review of your potential worker's compensation claim due to a cervical spine injury. It is crucial you not only get the prompt medical attention you need to care for your injury, you also need accurate legal advice to ensure your income is not interrupted during such a precarious time. Call us toll free (866) 205-2415 or use our convenient online form for more information.

Sweating Through Summer Work Can Be Dangerous to Your Health

Wed, 25 May 2011 08:00:00 EST

Working on a hot, sunny job site can be more dangerous than many workers realize even ‘seasoned' professionals. Summer time work in an outdoor environment poses many potential hazards people ignore, including employers. Since many of the people working outdoors on construction sites and road work projects are expected to be tough, complaining of health concerns on the job is often considered to be weak.

Unfortunately a person's fear of speaking up when feeling ill under hot conditions leads to the lack of proper medical attention and can result in worst-case scenario health problems that can lead to long-term, chronic illnesses and conditions. Heat stroke can lead to comas or even brain damage as the body gets too hot to function properly.

Not reporting heat-related work injuries or getting the proper medical attention is very common but it is to your own detriment. Working outdoors in extreme temperatures requires special safety trainings and precautions. If employers are not providing this special training, injuries and serious health conditions can result. Employers who are solely focused on getting the job done as soon as possible often fail to take into account summer safety issues.

Tolerating the heat of summer needs active safety participation, lots of fluids, and frequent breaks. Even when safety measures are in place, it is still possible to fall victim to the hot sun. If you have suffered heat stroke or other related conditions during work, you need to discuss your potential worker's compensation claim with a legal professional. Contact our office toll free (866) 205-2415 for a free consultation or use our confidential online form.

Putting A Price Tag On Disability

Wed, 25 May 2011 08:00:00 EST

If you are an able-bodied worker in good health, you probably never think about what would happen if you were suddenly injured or disabled due to a work related injury. In fact, few people realize how quickly an accident can change their life forever. When an accident at work results in an injury which causes a short or long term disability, performing day-to-day tasks may become impossible.

Workers' compensation and Social Security Disability benefits are available to most workers injured on the job. Claiming these benefits however may not be as simple as you might think. Insurance companies are notorious for wanting to pay out as little money as possible, regardless of the legitimacy of the claim. Another problem plaguing these programs is fraud which makes it harder for those who are truly in need of benefits. Finally, in a situation where a person becomes disabled, benefits received are rarely considered "compensation" for a life changing incident.

Adjusting to life with a disability is challenging enough, without the additional financial burden of not being able to work. Depending on the injury, some workers will be able to go back to work in the future, while others find themselves limited in the type of work they can perform. Serious injuries or disabilities often render a person unable to work at all, for the remainder of their life.

With so many possible scenarios, how are disability benefits determined? Who decides how much your disability is "worth". Do you receive more money for the loss of a limb or the loss of use? There is a system in place which puts a value on different injuries or disabilities. This is how your benefits are determined. How much and how long benefits will be paid is based on whatever value has been assigned to your disability.

Unfortunately the compensation for a disability is never enough. When an injury permanently alters the way in which you live your life, no about of money will change the situation. Sadly many workers who are injured or disabled on the job find themselves fighting an uphill battle to get the compensation to which they are entitled. With many states considering legislation which limits the benefits of injured workers, it may become even harder for individuals with disabilities to receive even the minimum compensation they deserve.

Summertime Job Injuries Are Often Preventable

Tue, 24 May 2011 08:00:00 EST

Summer brings about new concerns in the workplace because risks of seasonally-specific injuries are increased. Summer is a time when many industries tackled work and projects that are not typical. For instance, road crews traditionally working inside heavy equipment and vehicles are put out in the busy roadways with traffic dangers and equipment hazards. The summer season requires more safety diligence and protective measures to prevent injury to workers.

One of the biggest threats workers face in an outdoor environment comes from the heat and the sun. Manual laborers are often subjected to extreme temperatures they are not accustomed to and many fail to drink enough water to stay properly hydrated. Failure to drink enough fluids leads to complicated medical conditions that require immediate attention and can pose safety risks to co-workers on the project. Dehydration is preventable and employers should ensure staff has enough liquid and allows for enough breaks during the hottest days of summer, especially if personal protective equipment must be worn that prevents the body from cooling off properly.

The other danger posed by the sun is the effect it has on human skin. Workers often fail to wear proper protection from the sun. The dangerous effects of failure to protect skin can pop up immediately in the form of a sunburn or sun poisoning but many employees will fail to consider the long-term effects of working outdoors until they are later diagnosed with skin cancer.

Working outdoors during the sunny summer days requires preparation on behalf of the workers and the supervisory staff. Training should be provided that gives insight to the initial signs of heat-related conditions as well as how to help co-workers who fall ill from working in the sun. Summer safety programs that cover non-typical protocol are necessary for everyone's safety. Proper signage and equipment need to be utilized correctly for summer work on the roads to protect the public as well as the workers.

If you have suffered injuries during the summer months that could have been prevented by employer's diligence to safety, it is important to have your case evaluated by a legal professional. You can schedule a free consultation at our office by calling toll-free (866) 205-2415 or using our online contact form.

Driver Safety A Requirement of Warehouse Workers

Fri, 20 May 2011 08:00:00 EST

Working in a busy warehouse environment amidst shelves chock full of stock can get chaotic even during the slow times. A warehouse proves a particularly hazardous job environment due to all of the elements going on at once.

Warehouses typically have workers moving on foot at the same time forklift operators and truck drivers are all trying to get the job done. Unfortunately, as many people get comfortable in the work place, they often neglect basic safety rules.

Warehouse worker's compensation cases involve a number of things: vehicle-on-vehicle crashes, employee injuries from being run over or trapped between a vehicle, driver injury from falls exiting the vehicle, and other vehicle-related accidents. Many of the cases are due to driver or pedestrian negligence to safety regulations but many are also due to mechanical failings of the motorized vehicles they are operating.

Busy warehouses require alertness at all times. Unfortunately because many warehouse workers are employed on shifts, fatigue will often be a root of the accident's cause. Driving heavy equipment while drowsy can injure the driver as well as anyone on the work floor. In addition to fatigue, basic safety measures are often ignored because employees are not trained properly or if they are receiving training, they don't take it seriously enough.

If you work in a busy warehouse, you can't tolerate an employer that doesn't make safety a priority. If you have already suffered an injury due to the improper operation of a vehicle, you need to protect your worker's comp rights. Contact our office toll free at (866) 205-2415 or use our online form to schedule a free evaluation of your potential compensation claim.

US Postal Service Fined For Recurring Hazards

Thu, 19 May 2011 08:00:00 EST

The Occupational Safety and Health Administration is part of the U.S. Department of Labor. As such, one might jump to the conclusion that other government agencies would be given special treatment from OSHA. As a recent press release points out, this assumption would be wrong.

A May 13, 2011 press release provides details in regarding proposed fines for the U.S. Postal Service after an OSHA inspection turned up repeat violations of safety standards. The reported citations are the result of inspection at the Morgan Processing and Distribution Center located in Manhattan.

All businesses have access to safety standards and information which OSHA is in charge of regulating and enforcing. This ensures each company is aware of what is required to provide safe work conditions for employees. Without safety standards, employee injuries resulting from workplace accidents would be much higher than the current rate.

Unfortunately, not all places of employment adhere to the safety standards in place. This could be the result of ignorance or negligence, however the outcome is the same: increased hazards to workers.

Some might believe the US Postal Service should be held to a slightly higher standard due to the fact that it is run by the government. In this situation, the inspection turned up multiple safety violations which had been cited on a prior occasion. As such, proposed fines of $93,500 may be a reality for the distribution center.

Included in the list of offenses are blocked exit routes, fire extinguishers not mounted or available for ready use and failure to provide required refresher training for an employee. Having already been cited for these violations previously, the Postal Service is required to take the necessary steps to eliminate hazards in order to prevent possible injury to employees.

Did a Co-Worker's Mistake Cause You Harm?

Wed, 18 May 2011 08:00:00 EST

In an ideal world, all co-workers would function like a well-oiled machine. But in the real world, it can be tough for supervisors to gain the upper hand and get all employees to work as a team. This leaves opportunity for workers to make mistakes that can hurt the others working on the job.

In some scenarios, co-workers can not always stay on top of what the other is doing but there is a trust factor involved, such as on construction jobs, where everyone is hopeful that other workers have their backs if something goes wrong. On the other hand, there are times when coworkers are aware of mistakes being made but due to loyalty or stupidity, the mistakes go unreported and eventually can lead to painful injuries being inflicted on unsuspecting co-workers.

If you have been injured on the job due to another person's negligence, you may be faced with some tough choices such as how to pay for medical care and what to do if you can't return to work. It can be infuriating to find your accident was caused by another person's dumb mistake but even more aggravating to find out someone else knew mistakes were being made.

It should be part of the safety protocol of the company you work for to report human errors, whether the mistake was intentional or not. Unfortunately, many workers will fail to report mistakes either because they feel disloyal to their friends or because they are afraid of retaliation for ‘tattling'. It is due to this fear or guilt that mistakes go unreported time and again and many of these mistakes end up leading to workplace accidents and on the job injuries.

If you have been hurt at work and aren't sure what to do next, you need the guidance of a worker's compensation attorney. We offer a free consultation to discuss your case. You can call us to schedule your consultation at (866) 205-2415 or use our confidential online form to tell us what medical issues you are facing due to someone else's mistake.

How Flexible is Your Job As a Parent?

Tue, 17 May 2011 08:00:00 EST

Working parents typically have a full day put in before they even start work for the day. Getting kids up and ready to head to school or the sitters can seem like a full-time job in itself and for many, the struggles and stressors don't end there.

Often sick kids will cause parents to miss work and too many issues can pose a problem at your job. Parents who frequently have to miss vital hours of the day on the job may end up suffering job loss if the absences are too frequent or too disruptive. For chronic medical concerns and other caretaker obligations, parents can explore the Family and Medical Leave Act which is a federal regulation that allows eligible employees to take unpaid leave for specific amount of time without the risk of losing their jobs.

However, most parents battle more minor incidents that still need their attention at home, meaning more lost work hours that may not qualify as excused absences. While some working parents do have the ability to have other family members step in, those that do not face tough choices, especially single parents.

While many employers are becoming more open-minded about flexible working hours and placing a priority on family, there are still some with strict rules about lost work time. It may be worth your while to review your company's policy on unexcused absences or leaving early to tend to child care matters. What you don't know may be putting your job in jeopardy.

Should You Accept A Workers' Compensation Settlement?

Tue, 17 May 2011 08:00:00 EST

When a worker is injured while performing job related tasks, there are several things that happen. The employee may find themselves suffering from a short or long term disability which renders them unable to earn a living. There may also be medical expenses which threaten the financial stability of the worker and their family. To compensate for these additional burdens resulting from a workplace injury, workers' compensation provided benefits for eligible claims.

Unfortunately not all workers' compensation claims are black and white. In many situations, the insurance company responsible for paying out these benefits attempts to limit the amount of money paid to the injured worker. For employees who are have a legitimate claim, this can be a frustrating experience.

Going to battle with insurance companies can be a long and often overwhelming experience for the average worker. For this reason it is recommended that each person filing a claim for workers' compensation consider the option of professional representation from a workers' compensation attorney.

An experienced attorney working on your behalf can navigate the legalities of the situation without risking the loss of your benefits. When injured workers begin to feel the financial strain of not earning an income plus the addition of medical expenses, accepting a lesser settlement amount may be tempting. Unfortunately in doing so, you may be setting yourself up for long term financial problems should you be unable to return to work as expected. Let an experienced lawyer deal with the insurance companies to ensure you get the benefits you deserve.

Is Your Time Off Jeopardizing Your Job?

Thu, 12 May 2011 08:00:00 EST

In this economy, people are paying more attention to hanging on to their jobs due to the fact jobs are hard to come by. But there will always be the occasional call off from work for a variety of reasons that range from acceptable to inexcusable. Employers will handle time off from work in various ways. Some have unbendable rules about absence while others are more willing to work with employees on a personal basis.

Ideally, you never want to miss work without ensuring you are not breaking any of the regulations. Your missed time not only translates to reduced pay if you are non-salaried, you may also be jeopardizing your position with the company. Instead of random days off, get into the habit of scheduling days off when you need a break.

For those missing work for legitimate reasons such as illness or injury, discuss your issues with HR or your supervisor and let them know where you stand if you have to take multiple days off. A notification from your doctor will likely be required. Most employers don't want you to come to work sick or injured as you may be a bigger liability if you get others sick or you get more injured while performing your job tasks.

Taking your attendance at work seriously is a big part of being a good employee. You stand to hurt your prospects at your job if you call off too frequently without legitimate excuses. Make sure you stay on task with your employer and follow the handbook guidelines for the attendance policy before you make up your next day off excuse.

If you are missing work due to injuries sustained on the job, your time off from work may be extended. Contact our office to discuss a possible worker's compensation claim by calling toll free at (866) 205-2415 or use our confidential online form.

New York Workers' Comp Lawyers' Overview of Fracture Treatment

Thu, 12 May 2011 08:00:00 EST

It is not uncommon to see workers' compensation cases for broken bones here in Westchester County. Although fractures are very common and rarely life-threatening, the real problem comes with the long, expensive recovery time. You may think that if you break a bone at work a simple cast will fix everything, but that isn't always the case.

How are work-related fractures treated?

A broken bone is usually treated in one of two ways: immobilization or surgery. How your work-related fracture is treated depends on the location, severity, and type of break. A broken heel will most likely require surgery, while a broken finger may just require a splint.

Immobilization: You are probably familiar with casts or splints used to help keep bones in alignment while they heal. However, traction (a system of weights and pulleys) may also be necessary to push the bones into proper alignment. In some cases, such as with a broken tailbone, a cast is impractical and the fracture will be left alone to heal while you keep weight off the area.
Surgery: Sometimes surgery becomes necessary to realign the bone. Internal screws and plates also may be used to keep the bone in place once it has been aligned.

If you have suffered a fracture while on the job in New York, it is important that you receive proper treatment to avoid permanent damage. If you believe that you may be due compensation for issues relating to a fracture, give Markhoff & Mittman a call any time at (866) 205-2415.