Attorney Blog

Chronic Pain Treatment May Be Necessary After On the Job Injury

Fri, 18 May 2012 08:00:00 EST

When dealing with chronic pain after a work-related accident, there will likely be a long road to travel if you even have the ability to return to work. Many on the job injuries result in chronic pain that lasts for years or forever. The pain may be ongoing but not severe enough to put you out of work on permanent disability. You may be able to return to work on a lighter duty but the complications of chronic pain treatment can hamper your capabilities and put your employment in jeopardy.

If you have experiencing chronic pain following an accident at work, you may be referred to a pain management specialist who will be able to create a detailed plan for managing the pain and trying to live as normal a life as possible. Part of this treatment may involve medications or injections which leave you in a state where working isn’t possible and you have to call off. Ongoing medication treatments including opiates may pose a risk to the safety of everyone on the job if it compromises your ability to make decisions or perform your job.

While under a pain management specialist’s care, you may be limited to the tasks you can perform or be compromised by medications. It is wise speak with your management supervisor when you come under the care of a pain management specialist. The provider can better advise you as to limitations on the job you may have due to your chronic pain.

Work injuries can be devastating and recovery can be longer than you anticipated, especially when left to deal with the effects of chronic pain for an extended period of time or for the rest of your life. It is best to have the guidance of an experienced workers compensation attorney when navigating claims involving chronic pain inducing injuries. Contact our legal team toll free at 877-799-3918 or use our online contact form for more information.

Blatant Disregard of Disability Laws Will Cost You

Fri, 18 May 2012 08:00:00 EST

A recent story of a 53 year old woman who collected disability checks for six years claiming she was unable to work while she maintained a full-time job at a popular bagel shop is just another example of the increase in the likelihood you will get caught committing fraud if you attempt to cheat the system.

The woman is still awaiting a court’s decision in the fraud allegations but had collected over $143,000 in disability after leaving the US Postal Service claiming an injury. She knowingly cashed her substantial checks each month and kept on working as many as 10 hours a day. She was busted by investigators who not only saw her report to work on a daily basis wearing a t-shirt from the bagel shop but also videotaped her servicing customers and cooking without any of the supposed difficulties she claimed to have had.

Investigators are often watching those suspected of fraudulent claims for benefits in Social Security and workers compensation and will provide proof-positive evidence of the fraud in court, leaving little chance those committing the crimes will get away with it. The former postal worker could receive up to five years in prison and may have to repay the money back from the checks she cashed.

It is not worth the consequences to defraud they system. If you are unable to work and eligible to file claims for benefits, you have the right. But if you collect monies when you have no such disabilities and deceive the system, you also end up hurting those with real injuries who lack the ability to financially support themselves when unable to work.

If you have a legitimate Social Security disability benefits claim, it can help to have the guidance of a knowledgeable attorney on your case. Contact us toll free at 888-799-3918 or use our online contact form.

Be Wary of the Power of the Laser Beam

Fri, 18 May 2012 08:00:00 EST

Those who work in the medical industry, in research departments, or within industrial work places may be exposed to powerful laser lights which can pose a great risk to employees. OSHA has recently announced their partnership with the Laser Institute of America to highlight the dangers of working around beams and the potential consequences it may have.

Laser beam technology is used in a number of capacities in the medical field as well in industrial work and while it may well serve purposes for the advancement of the human race, their power can leave those who work around them with serious side effects. Laser lights are very strong and without the proper protective equipment such as special goggles or other eye protection, employees can eventually harm their eyesight or even lose it all together.

The power of a laser can also have a negative impact on human skin. The beams can cause burns or even lead to the development of skin cancer and other serious diseases. Again, protective gear is one way to protect yourself against the potentially hazard effects of a laser.

Training is also of utmost importance to ensure you and your fellow co-workers understand the dangers of working around lasers as well as the proper way to work around them or with them directly. It can only take a second for something to veer off course and cause serious damage to anyone within the workplace environment.

If you have been injured in a workplace accident which involved the use of lasers due to the lack of protective gear or due to another’s mistake, contact our legal team for information regarding your workers compensation claim. Call us toll free at 888-799-3918 or use our online contact form for more details.

Dirty Jobs Can Be Deadly Without Training

Fri, 18 May 2012 08:00:00 EST

Working in sanitation may appear to be a simple job but with the number of waste products collected every day, the amount of toxins and other hazards on the job make being a sanitation worker potentially dangerous. For this reason, it is important that anyone working in sanitation understand not only the risks involved but also how to protect themselves from such risks.

Consider the things you throw in the trash. Anything from broken glass to used needles can be disposed of in trash bags regardless of the laws so sanitation workers can be exposed to a number of problematic materials which can lead to serious illness or injury. Even slinging a trash bag can cause injuries to the back, arms, knees, or legs when bags are heavy or improperly lifted.

One of the worst dangers sanitation workers face is the potential for falling from a trash truck. These types of on the job falls have proven fatal to workers when their head sustains injuries after the fall. Without protective hard hats, injuries to the head can and have proven to be fatal. Jumping on and off a moving truck also puts workers at risk of being hit by other vehicles.

If you work in the sanitation injury and have suffered a work-related injury from a fall or from coming in contact with hazardous materials, you may have a claim for workers compensation benefits. Contact our experienced legal team for more information by calling toll free at 888-799-3918 or by using our online contact form.

OSHA Releases New Warnings to Protect Workers from Dangers of Lasers and Summer Heat

Thu, 17 May 2012 08:00:00 EST

The Occupational Safety and Health Administration has released two different warnings concerning worker safety. In one release, OSHA renewed its relationship with the Laser Institute of America to help prevent worker exposure to laser beams in industrial work environments, medical industries, and research.

The Alliance between the two organizations will provide information on safety standards and regulations for laser use, the effects of lasers on skin and eyes, and laser control measures. The Institute notes laser beams can cause damage to eyes and skin, including blindness and skin cancer. Fact sheets will also be available as part of the two year agreement.

OSHA has also release another partnership between their organization and the National Oceanic and Atmospheric Administration (NOAA) to encourage safety for workers who do their jobs in the outdoor heat of summer. A webpage constructed on OSHA’s website provides specific information about heat illness and training tools for employers at worksites when facing high outdoor temperatures. The site also features weather alerts to indicate when heat alerts are in effect.

Both workplace dangers are realities for workers in various industries. OSHA offers the free resources for workers and employers to utilize in the workplace on these topics as well as a number of other safety and hazardous risks.

Ex-Postal Worker Charged With Fraudulently Cashing Disability Checks

Wed, 16 May 2012 08:00:00 EST

A former letter carrier claimed she injured her back while working for the US Postal Service nearly six years ago. Now, Alice Brown is being accused of cashing $143,000 in Social Security disability checks all the while maintaining a full-time job at a Long Island bagel shop.

Brown, 53, has claimed for all these years that she is not working and is not able to work. However, an investigation revealed she has been working the counter at Strathmore’s Bagels in Shirley, LI for a number of years. Brown was taped in video surveillance wearing a company t-shirt, waiting on customers, and cooking without difficulties. She was also found to show up every day to work by the federal agents who had been watching her. During the month of February, Brown was recorded to have worked 10 hour days for two weeks in a row.

Co-workers at the bagel shop confirmed that Brown has been working full time for almost five years. During that time, investigators said Brown continued to cash her monthly disability check which she received at her Mastic home since September 2007. Neighbors also noted that Brown was seen weeding and planting in her garden, crouching down without a problem.

Brown was arrested and charged with mail fraud. She was released on $50,000 bail. Facing up to five years in prison for her charges, Brown may also be ordered to make a full restitution if convicted. Brown nor her bagel shop boss would comment on the charges.

Disability Claim Denial Needs Attorney Guidance

Mon, 14 May 2012 08:00:00 EST

The process of filing for Social Security disability benefits is not an easy one. This is especially true when you go through the whole process only to find your claim has been denied by the Social Security Administration. A claim denial is also frustrating as you likely need the benefits you are requesting in order to deal with your medical treatments and afford life as you live with a disability.

A Social Security disability benefits denial is not the end of the road. Although you can request an appeal, a process known as reconsideration, you stand a much stronger chance of having the initial decision reversed if you are working under the guidance of a qualified Social Security disability attorney who is familiar with the process of the appeal.

While many of the initial claims for disability is denied, as many as 80% of the claims which are appealed are also denied. Just 20% of the cases will see a reversal of the original decision where the claimant will be eligible to receive disability benefits. Most of these claimants filing for reconsideration have an attorney on their side.

The disability claims process can be confusing and if you provide incomplete information, no matter how simple, you could find your initial claim is denied. While denials are discouraging, they are not the end of the line if you need benefits assistance. Contact our experienced New York Social Security disability lawyers toll free at 877-799-3918 or use our online contact form for more information.

New York State Court Worker Stabbed by Colleague

Fri, 11 May 2012 08:00:00 EST

A New York State court officer suffered stab wounds to the neck when she was attacked by a male colleague during an apparent off-duty domestic situation. The incident occurred in Staten Island.

The female victim was taken to the hospital and was listed in stable condition. The male attacker which is also a state court officer was arrested by police after the incident which occurred on Moffett Street at four in the morning. Police believe the incident occurred between the two due to a broken relationship.

The attacker was identified as Eduardo Vias, 35, who allegedly engaged in a fight with his girlfriend, a 38-year old female court officer. The argument began to escalate and Vias attacked in with a knife to the neck. Paramedics responded to the scene and took the victim to Staten Island University. Her injuries were said to be serious despite her stable status. Vias was charged with assault, criminal possession of a weapon, and unlawful imprisonment. He was arraigned at Staten Island Criminal Court.

The Court off Administration, Vias’ employer, confirmed he had been on the job since 2004 and his girlfriend was also still employed as a court officer at Manhattan Supreme Court. A representative noted Vias has been required to relinquish his gun and will likely face suspension once he has been formally charged in the knife attack.

Spurned Ex's Can Cause Violence on the Job

Fri, 11 May 2012 08:00:00 EST

Being in a relationship with someone you work with certainly can have pros and cons. In some cases, the risk for problems is nipped in the bud by employers who forbid in-office relationships, including marriage. Making it against the rules to date your co-workers is meant to protect the job environment. In locations where dating and marriage is permitted in the workplace, there is the potential for spurned feelings to turn into violence.

Working near or with your significant other can be enjoyable as you get to spend a lot of time together. But should your relationship sour, you have to face the realities at work and still having to associate with someone who may not be higher on the list of people you like. There have been many situations across the country where violence has erupted on the job when relationships have gone bad.

While it is hard to navigate matters of the heart, it can be difficult to deal with people you are no longer in a relationship with. Facing them on the job day after day can be too difficult to deal with and if bitter feelings are in the air, other workers at the job site can also be in jeopardy.

Before entering into an on-the-job relationship, take the time to consider the ramifications should the relationship not work out. If you work around those who are involved in a relationship turned bad, be cautious about what is being said and any actions that could prove threatening. Report your concerns to a supervisor so management can monitor the situation and protect the other workers.

If you have been injured due to violence on the job, contact our legal team for guidance for your workers compensation claim. We can be reached toll free at 888-799-3918 or through our online contact form.

Beware of Infectious Diseases on the Job

Thu, 10 May 2012 08:00:00 EST

An infectious disease can be as simple as a common cold, a curable virus but one you should try preventing the spread of around the workplace. But an infectious disease can also be of the incurable variety that leaves you having to treat developing conditions for the rest of your life.

Those working in the medical field as well as other industries are susceptible to contracting such diseases when working around people already infected. For example, a medical first responder with fresh cuts on their hands or arms that comes in contact with a patient who is infected may contract the condition during emergency treatment. For this reason, it is important for emergency medical workers to be properly trained and wear the proper protective gear like gloves and sleeves when coming in contact with wounded patients.

While those in law enforcement and medical care that deal with the public should be aware of infectious disease risks, all other workers should also be aware of the risks they face should a co-worker get injured on the job. For instance, in a manufacturing environment a worker can suffer a serious cut. Other workers and management should be trained to handle emergency treatment to prevent additional injuries and passing along infections. Rubber gloves, medical kits, and other protective measures should be clearly understood by all workers.

If you have fresh cuts or work around people who are sick, you need to take precautions and protect yourself. While many people will come to work with colds and flu, you should take action to ensure you also do not get sick. Wash your hands frequently, keep your fingers out of your mouth and eyes, and speak up if you are working too closely with a sick person who may infect you with a virus.

If you have been injured on the job and have contracted an infectious disease as a result, contact our legal team toll free at 888-799-3918 or use our online contact form for more information.

When Genetic Conditions Leave You Disabled

Thu, 10 May 2012 08:00:00 EST

There is a long list of genetic conditions that can affect the human body. From color blindness to polycystic kidney disease, genetic disorders are a heredity condition usually passed through heredity. A medical geneticist is a specialist that may become involved with the diagnosis and treatment of your condition and its symptoms.

Not all people will have the same reaction to a genetic condition and varying levels of the symptoms of the conditions can be present. But many individuals born with genetic conditions and symptoms may be unable to function in a normal lifestyle. As conditions develop, it may eventually leave a person disabled to the point they can no longer work.

While medical advancements have been able to offer relief for a number of genetic conditions, not all are curable or even treatable. This may limit one’s earning potential and ability to financial support themselves and pay for their medical care for ongoing treatment.

Filing for Social Security disability can be a difficult process, especially when you are battling medical problems. Filing a claim for benefits does not guarantee you will be awarded disability payment and many applications are denied the first time they are submitted. For these reasons, you will need the experience of a legal team to walk you through the process. Just one mistake on a disability application can leave you denied for benefits you really need.

Contact our law office for legal guidance concerning your genetic condition and need for Social Security benefits. We can review your case and help you get the benefits you need to keep up with medical treatments. Call us toll free at 888-799-3918 or use our online contact form for more information.

Forklift Driver Mistakes Can Be Risky to Humans

Thu, 10 May 2012 08:00:00 EST

Forklift operators bear a lot of responsibility on the job. Not only do they need to be able to properly operate the piece of equipment, they also have to be able to maneuver the machine to perform work safely. When adding pedestrian workers into the mix, there is even greater risk and it is the human worker who often loses.

In a recent accident in Syracuse, a forklift operator attempted to remove pallets from the same shipping container as an employee was working in. The forklift attempted to remove pallets which toppled. Three of the pallets fell onto a worker and pinned him into a wall. Luckily the results were not fatal and the worker escaped with minor injuries. But not all employees are so lucky.

In busy work environments like manufacturing or construction, the fast-paced work schedule creates chaos and increased risks for safety. People are at risk from being run over or hit by forklifts going to fast or when drivers are not paying attention. Many times, accidents occur because a forklift operator is not properly trained to use the machinery. In other cases, the pedestrian worker got in the way.

When people and machines must work in unison on a job site, it is critical that updated training is conducted to ensure everyone is on the same page and accidents can be avoided. There should be specific safety rules in place to prevent people from being run over or otherwise injured by moving equipment on the job.

If you have suffered an on the job injury as the result of a forklift accident at work, contact our experienced legal team toll free at 888-799-3918 or by using our online contact form for more information.

Head Injuries on the Job Can Lead to Brain Damage Issues

Thu, 10 May 2012 08:00:00 EST

Hitting your head on the job, even if you think it’s just a minor bump, can lead to some pretty serious medical complications. For this reason, it is vital that any injury to your head no matter how minor be examined by a medical professional as soon as possible. While the bump on the head may not have seemed significant, hitting an area of your head in just the wrong way can lead to a multitude of brain-related injuries.

Because our heads are already so vulnerable in the workplace, it is important for employees to learn about safety awareness when on the job. For those working in environments where injuries to the head may occur such as in the construction industry, it is necessary to have access to reliable safety equipment including hardhats.

No matter how long you’ve been working on the job, it is important to receive regular training in regards to safety including the proper equipment that should be worn on the job site as well as emergency training in the event a coworker suffers an injury to the head. There should also be an overall emergency plan in place to deal with injured workers for the safety of all on the job site.

Head injuries should be examined by a doctor as soon as possible. In the event there has been an injury to the brain such as bleeding, time will be imperative to a successful recovery. Whether you bumped your head, have been hit in the head, or took a fall where you head made contact with a hard object, alert your supervisor immediately and get a ride to the hospital to ensure everything is okay. It is better to have medical assurance that all is well than to fall victim to a serious head or brain injury.

If you have suffered a head injury on the job, contact our legal team for assistance in filing your workers compensation claim. You can reach our office toll free at 888-799-3918 or use our online contact form for more details.

Syracuse Construction Worker Hurt in Pallet Fall

Wed, 09 May 2012 08:00:00 EST

A construction worker in Syracuse, NY was hurt last week when multiple pallets on a job site fell and partially pinned him against a wall at the Carousel Center Mall.

The worker, Michael Kauffman, was unloading pallets full of ceramic floor tiles. A forklift was also on the job removing pallets full of tiles from the same shipping container when three of the pallets fell onto Kauffman. Emergency crews were called to the mall and assisted with the incident. He was able to be freed and taken to Upstate University Hospital with minor injuries affecting his face and elbow. OSHA has launched an investigation after being notified of the accident and investigators arrived at the scene following the accident.

Construction work has long been a dangerous job and with the additional risk of working around moving vehicles such as the forklift, puts many workers’ safety at risk. There have been numerous fatalities in the construction injury following the improper use of machinery and lack of proper training.

The Carousel Center Mall is undergoing a large expansion with new high-end outlet stores, major entertainment venues, and chain restaurants being added to the super-mall. The name of the complex will also be changed to Destiny USA as part of a long-awaited rebranding project. The new center is expected to open in August of this year. Construction on the project has been ongoing since 2007 with many starts and stops due to court struggles and the national economy.

Cab Drivers May Be Allowed to Carry Licensed Guns on the Job

Fri, 04 May 2012 08:00:00 EST

A group called Livery Base Owners has approached the Taxi and Limousine Commission with a special request. The group wants to be allowed to protect themselves on the job from violent passengers or thieves by bringing licensed guns to work. The request comes at a time when the Taxi and Limousine Commission is working on a new plan for the five boroughs of New York concerning taxi rules.

It is expected that cab drivers will not be allowed to pack heat for protection but no final word has come down. The TLC has stated it is important for public safety to not allow weapons in taxicabs. But the trade group, which represents 128 bases that dispatch nearly 10,000 livery cars disagrees.

There is a big concern for safety of the drivers on the job and guns were not the only issue brought to the table by the group. In 2010, more than 400 taxi and livery cabs were robbed. One driver was fatally shot over a $12 cab far. In 2011, another driver was shot in the head during a Bronx robbery.

Senator Eric Adams (D-Brooklyn) along with the Transport Workers Union Local 100 wants to give transit workers the ability to carry Tasers to protect themselves from harm. Bus drivers and subway conductors would be trained to carry the devise in order to also protect passengers in the event of an attack.

No word on the state of the request by the cab drivers group.

City Cabs a Dangerous Place to Work

Fri, 04 May 2012 08:00:00 EST

There have been many headlines about cab drivers being fatally shot while doing their job. This type of driving job is one of the most dangerous industries to work in whether in a big city or smaller town. Currently, drivers in the city are not allowed to carry weapons to protect themselves from harm as a matter of general public safety. Recently, however, a group representing multiple cab dispatchers has asked for that law to change.

It is not likely that cab drivers, bus drivers or other public transportation employees will be allowed to arm themselves against violence. However, the increase in injuries and fatalities does prove that perhaps more job training is necessary in order for public transportation drivers to be safe on the streets and to protect innocent passengers from violence.

Cab drivers are often injured when riders want to get out of paying the fare they owe. As many drivers will attempt to secure their payment, they are often seriously wounded or even killed over a few dollars. It is important for all drivers to understand the proper way to protect themselves when such a dispute occurs. Otherwise, violent acts may result.

Drivers should also be trained for dealing with unruly passengers during a fare so as not to be distracted enough to get into a vehicle accident. These situations can occur in broad daylight or the dead of night and all drivers should know what to do so arrive safely as their destination.

If you are a public transportation provider and have been injured on the job due to a robbery or other form of violence, contact our law office for assistance on your workers compensation claim. You can reach us toll free at 888-799-3918 or by using our online contact form for more information.

Bill Ready to Restore Worker's Power to Choose Pharmacy

Thu, 03 May 2012 08:00:00 EST

The Workers Compensation Reform Bill from 2007 made several changes that proved to be significant to the workers compensation law. As part of these changes, the development of a pharmaceutical fee schedule was put into place in the hopes it would save the State of New York money.

However, after the legislation passed and was signed into law, the language in the law took away an employee’s ability to choose the pharmacy they would use for prescription medication. By having control over the pharmacy chosen, the employee can receive the best possible care and it takes away an employer or insurance carrier’s control over health care options of the employee.

The freedom to choose a pharmacy is allowed in most states in the country and now New York is looking at new legislation to restore employee rights over pharmacy choices as long as the pharmacy adheres to the fee schedule. If the bill passes, it will be effective immediately at repealing Section 99 of the Workers Compensation Law.

The provisions of the new bill would also allow a pharmacy to have a standing in a workers compensation claim that is being disputed. It also addresses the issue of initial prescription fills which cannot be for longer than 14 days within the first 72 hours of initial medical treatment.

Specialized Surgeon May Be Needed for Work-Related Injuries

Thu, 03 May 2012 08:00:00 EST

When you have suffered an injury on the job, you may need the assistance of a specialized surgeon in order to successfully heal your injury. There are special surgical procedures that are necessary to heal complex breaks and tears of various bones, ligaments, and tendons. It is important that you follow up with such specialists to ensure you get the care you need.

Orthopedic surgeons specialize in a number of different injuries, especially those related to on the job hand injuries, foot injuries, knee injuries, and shoulder injuries. The have been trained to provide surgical solutions for injuries sustained while you worked especially for complicated broken bones or disabling ligament tears.

Your primary physician will likely refer you to an orthopedic surgeon if your injury will require one or multiple surgeries. It is important to make an appointment and get a proper evaluation as soon as possible. If you let a broken bone heal improperly, you may not be able to use that particular injured body part correctly for the rest of your life.

Many times workers will dismiss hand or foot injuries on the job, preferring to keep working instead of reporting the incident. When torn tendons or broken bones are not tended to properly, they will not heal as they should giving you a lifetime of pain and maybe even leaving you partially or fully disabled.

If you have suffered an injury while on the job, it is important to get the proper medical care as soon as possible and continue through with treatments so you have a better chance of returning to a normal work schedule and a normal life as soon as possible. Contact our office toll free at 888-799-3918 or use our online contact form for more information.

Smashed Teeth Not an Uncommon Work—Related Injury

Thu, 03 May 2012 08:00:00 EST

There are many on the job accidents that can cause injuries to your mouth and potentially the subsequent loss of teeth. These mouth injuries can be caused by slips and falls, being hit directly in the face with materials or equipment, or due to another co-worker’s act of violence.

Mouth injuries, especially where lost or broken teeth are involved, require immediate medical attention. Emergency oral surgery may be necessary in order to save remaining teeth or to eliminate the pain caused by broken teeth. Follow up appointments with a dentist or oral surgeon may also be required in order to repair the damage or to replace lost teeth with implants if damage is too severe.

Oral surgeons specialize in pulling teeth and performing operations primary dentists do not do. They specialize in surgical procedures for tooth injuries or tooth-related medical conditions. It is important to seek treatment for your mouth injuries as many other health conditions can develop of infections in the mouth or those affecting gums and teeth are not treated properly.

If you have suffered a mouth injury at work, it is important to seek prompt medical care to preserve your teeth and gums. Follow up care should also be completed especially in the case of an infection where antibiotics and other medications are prescribed.

Work-related mouth injuries can require ongoing treatment so you will need to protect your rights to a workers compensation claim to ensure your medical costs are covered. Contact our legal team toll free at 888-799-3918 or use our online contact form for more information.

Crane Safety Being Addressed by New York City

Thu, 03 May 2012 08:00:00 EST

Crane operators hoping to find work in New York City may soon find it easier to get the job now that licensing rules are changing in the city. The move is meant to make it safer for overall construction sites in the densely packed area of skyscrapers and pedestrians, requiring operators to take a national exam to ensure crane operators are properly trained.

The city has seen a large number of crane collapses on construction sites in recent years. Many of these accidents were due to employer neglect on the part of crane maintenance. Other accidents have been attributed to the improper operation of the crane while on a job site. Crane accidents and collapses have resulted in serious injuries and fatalities for construction workers, crane operators, and even bystanders who were nearby when the accident occurred.

On average, construction sites are one of the most hazardous workplace environments in the country due to the constant stream of activity and dangerous job tasks worker must perform. In a well-populated location like New York City, the risks increase because of the cramped work location and often due to the heights of the construction projects.

If you have been involved in a construction accident, it is important you receive the proper medical attention to treat your injury. If you need assistance in filing a workers compensation claim for your construction-related work injury, contact our legal team by calling us toll free at 888-799-3918 or by using our online contact form.

Prescription Medications Are Covered Under Workers Comp Laws

Thu, 03 May 2012 08:00:00 EST

When you have been injured on the job and part of your treatment and recovery involves prescription medication, know that you do not have to cover the costs of the pharmacy. By law, the insurance carrier for workers compensation is required to pay all reasonable charges associated with your work-related injury.

In addition to prescription medications, the insurance carrier must also pay the costs for hospital treatments, physician appointments, ambulance charges, any x-rays necessary, ambulatory accessories such as crutches or wheelchairs, and any physical therapy bills associated with injury treatment and recovery.

You will not have to pay any co-pays or insurance deductibles for work-related injuries including for pharmacy prescriptions. A change in the workers compensation law to be effective late May 2012 will allow injured workers to choose which pharmacy they want to get medications from rather than have that dictated to them.

You may also receive reimbursement for costs related to mileage going to medical appointments, physical therapy, or the pharmacy. As part of the workers compensation laws, doctors, therapists, and pharmacies cannot ask for payment directly from you as soon as they know the treatment is for a work-related injury.

If you have had difficulties with a workers compensation claim and need legal assistance, contact our team of workers compensation attorneys today toll free at 888-799-3918 to receive a free consultation. You can also fill out our online contact form for more information.

Attention Crane Operators: New Rules Going into Effect for NYC Workplace

Wed, 02 May 2012 08:00:00 EST

New York City’s Department of Buildings has published and released new rules on crane licensing which have been strongly opposed by the International Union of Operating Engineers Local 14. Despite the opposition, the new rules are going to be in effect as of May 26, 2012.

The union was looking to continue with its bargaining leverage with contractors by not allowing crane operators from other places outside of the city. However, according to the new rule, crane operators from other cities that hold a valid Class-A license can get licensed in New York provided they hold a similar license elsewhere for at least 10 years. They must also prove past work gave them 7 or more years of experience of ‘comparable urban density’.

Prior to the rule change, the operators coming from outside of the city needed to get experience before the license could be approved and the union controls much of the work in the city. Unions reps argue that the department and the Mayor has relinquished control of licensing in NYC, one of the most dangerous construction locations.

The upcoming crane licensing rule changes come on the heel of several crane collapse accidents in New York City. While safety is said to be the priority moving forwards, there is also a lot of issues concerning power and money as well. Some crane operators in the city are said to make as much as $500,000 in wages and benefits annually.

Developers feel that the impending rule change will help to break up the monopoly Local 14 currently has in training income crane operators for city work. They will be able to hire out of town workers who are still with the same union only a different local.

Co-Workers Accident Response Often Critical to Injured Workers

Fri, 27 Apr 2012 08:00:00 EST

In the recent story of the subway worker who was burned after an accident on the job when he caught on fire after an electrical mishap, there is proof positive that the reaction of the man’s co-worker helped save his life. The co-worker reacted immediately, calling for help when she witnessed her co-worker catch fire.

Not all situations have such an outcome, especially when employees are not properly trained how to handle different scenarios that can spring up on the job. Many industries including construction involve dangerous work that can lead to accidents that prove to be severe and even deadly to workers. It is often the co-workers who are closest to the situation at hand and critical to the outcome of the accident. They are working alongside those who may be injured and need to know what to do and how to stay in control of the situation.

While many people have the human nature to want to do whatever is necessary to help, many people will freeze up when something goes wrong and end up wasting time or not following protocol simply because they don’t know what to do. For this reason, safety training and education provided routinely is critical to all workers’ safety on the job.

Working with employees through actual scenarios can help take the edge of the situation. It can help teach people how to react and provide assistance rather than becoming immobilized by fear if something goes wrong on the job site. It is also important for workers to know how to communicate together so reaction can be efficient and effective instead of turning chaotic.

If you have been injured on the job, it is important to get the medical care you need for recovery and to protect your rights. Contact our experienced worker’s compensation attorneys for more information by calling 888-799-3918 or use our online contact form.

Construction Accident Leads to Concrete Flood in New York

Thu, 26 Apr 2012 08:00:00 EST

The popular Le Parker Meridien Hotel located in Midtown Manhattan suffered damage to its café, known as The Knave when a construction accident caused a flow of wet concrete to flood the floor.

Witnesses on the scene describe hearing a cracking sound that became louder. They say they got up to run out of the café. As the place cleared, the wall of the Knave café broke through and flooded the area with wet cement being used on the construction site next door. Authorities say that the debris and cement was contained within the café and no one was injured and the FDNY was called to the scene.

The construction accident occurred as workers were pouring concrete onto the fifth floor of the new building located next door to the hotel. The frame which was built to keep the concrete in place collapsed, sending the wet concrete down to the first floor which caused the wall of the café to break down.

The construction company working next to the hotel is Hunter Roberts Construction Group and they have not commented on the accident. As for the hotel itself, spokespeople for the Le Parker Meridien said the main lobby which encompasses from 56^th to 57^th street was not harmed by the concrete flood.

Construction and emergency workers had to react fast to the flood before the concrete completely hardened. In the hours following the flood, workers were still on site taking away pieces of concrete from the hotel lobby in wheelbarrows. The 57^th Street hotel entrance was closed during the cleanup.

Construction Work Difficult in Tight Spaces & Busy Places

Thu, 26 Apr 2012 08:00:00 EST

While it may have appeared somewhat comical, the concrete flooding which occurred at the Le Parker Meridien hotel was no laughing matter. Luckily no one was injured during the construction accident which flooded the hotel with wet cement but it does highlight the difficulties and the dangers construction workers face in tight spaces and busy places.

Construction workers in a city location face a number of dangers others in construction may not. For instance the public that must often walk in between the scaffolding set up on public sidewalks. pose a significant hazard as workers must be extra diligent in what they are doing so as not to injure passerbys or other co-workers.

In the incident in the hotel, the construction work is ongoing right next door which is also disruptive to the guests of the hotel. There had been a number of complaints filed with the hotel’s management where guest complained of noise while workers were doing their job. This irritation in a tight space can also lead to aggressive behavior perpetrated on workers.

Working in tight spaces and busy places poses a number of threats to the workers on constructions sites. For that reason, special training should address how construction workers must deal with the intricacies of working around the public and near active businesses such as in a city environment.

If you have been injured as the result of an accident on a construction site, it is important to protect your rights to workers compensation for your injuries. To contact one of our experienced workers compensation attorneys in New York, call toll free at 888-799-3918 or use our online contact form for more information.

NYS Workers Comp Board's Policy on Firearms and Other Weapons

Wed, 25 Apr 2012 08:00:00 EST

As a measure of safety and protection for workers on the job as well as members of the public, the Workers Compensation Board in the State of New York strictly prohibits the carrying or bearing of firearms and other dangerous weapons on the Board’s premises. This policy applies to all employees, legal representatives, witnesses, and any visitors who are on-site at the Board’s offices or hearing locations.

Anyone not following these policies concerning dangerous weapons will be subjected to disciplinary actions. The policies also include any law enforcement officers who are serving as a witness in a workers compensation hearing whether or not they are officially on duty. Officers’ weapons will be secured per regulations of their law enforcement agency. In the event a law enforcement officer cannot secure their weapons in a timely manner, their testimony will be rescheduled to another time. The only time law enforcement officers are allowed to bear firearms in the Board’s office is during special instances such as during their response to an emergency situation or when the Board’s Office of Security requests their appearance in special cases.

The New York State Workers Compensation Board requests that legal representatives including attorneys and insurance carriers inform all parties scheduled to appear at hearings in Board offices to not bring firearms or other weapons into the proceedings. If there is a violation of policy, there may be delays in the adjudication of the case. All claimants and other involved parties are giving written notification of firearms and weapons policies at the time they receive their notice of hearing.

Understanding New York's Position on Jurisdiction for Workers Comp

Wed, 25 Apr 2012 08:00:00 EST

A recent article we posted concerning a deceased worker’s estate losing the claim for workers compensation benefits in Connecticut due to the fact the estate could not establish a significant relationship of work conducted in Connecticut, the state where the worker resided. The Connecticut courts upheld the workers compensation claim denial due to the inability to prove such a relationship existed by the estate.

In New York State, the court has found that if the employment touches New York in some capacity then New York can have jurisdiction. Just because you fly over New York in a plane doesn’t mean you are an employee while in route. But if you are based out of a NY airport and are injured elsewhere, it is considered a New York claim. Likewise, living in Connecticut or New Jersey doesn’t matter if you are injured in New York while on the job. Also, you could even work in New Jersey or Connecticut and be found to be New York employee if you were hired out of New York, reported there and so on.

Workers compensation claims involving multiple states for residence and work duties can be confusing. It is in your best interest to consult with an experienced workers compensation attorney who can advise you on the specifics of dealing with multiple state questions. If your workers compensation claim has already been denied, contact our legal team toll free at 888-799-3918 or use our online contact form for more information.

Who Gets Bullied on the Job?

Wed, 25 Apr 2012 08:00:00 EST

It can be difficult to go to work each day but even impossible to go to work every day when you know that a lot of unpleasantness, even fear, awaits you at your job. Bullying is not an uncommon occurrence in the workplace but it does go unreported in many cases. People who are being harassed and bullied on the job are often resistant to complaining or filing an official report, despite what protocol is in place to protect workers. This is due to embarrassment or being afraid of losing their job or being retaliated against. It can be a very emotional, distressful situation that workers just don’t know how to deal with.

Bullying on the job is a form of aggressive behavior, a situation no employer should tolerate. Aggression, even in mild forms such as teasing, can spiral out of control and leave the workplace very unstable. Anyone can become the victim of bullying whether the bully is a co-worker or an employer. In some cases, standing up for oneself results in only harsher treatment and bigger problems.

At this point, laws dictate that bullying in general is not illegal. Only if the harassment is due to racial issues, religious issues, gender, disabilities, or sexual orientation can legal action take place. Employers need to step up to the plate and ensure their workplace and employees understand the zero tolerance for bullying and make reporting incidents of bullying a safe thing to do. Because fear dictates that many won’t report issues, employers need to create a safe environment to seek help and report bullying problems. Otherwise, workplace morale will suffer, productivity will suffer, and should the bullying result in violence, employers may be held liable for the injuries or fatalities on the job when victims lash out.

If you have been a victim of bullying at work and feel you have nowhere to turn, contact our legal team for guidance, especially if you have suffered physical injuries at the hands of a coworker. Contact us toll free at 888-799-3918 or use our online contact form for more information.

Pay Attention to Workers Comp Rules or Pay the Price

Wed, 25 Apr 2012 08:00:00 EST

The New York Worker’s Compensation Board has released its current policy on firearms and other weapons within its offices and hearing locations. Essentially, no one is permitted to carry any weapon on them while on the premises. This includes police officers who are appearing as part of the proceedings.

As an injured worker filing for a workers compensation claim, it is essential you not only obey the laws concerning what you can and can’t bring into a workers compensation hearing, you must also be familiar with the other regulations imposed by the Board. Your attorney can advise you on any questions or concerns about what to expect at a workers comp hearing and you should be sure you are clear on everything.

While it may appear to be common sense not to bring a gun, knife, or other perceived weapon into a compensation proceeding, not everyone understands the rules. As a result, getting caught with a banned weapon will likely have your claim delayed and you may even face legal repercussions for not following the rules.

Being involved on a workers compensation claim requires you to follow other rules in addition to the firearms policy. More insurance carriers are taking proactive measures to investigate claims and double-check for fraud. Be sure to speak with your legal representative if you have any questions about your claim so you can be sure you are doing what is necessary and what is required by law to deal with your job-related injury.

Workers compensation claims and proceedings can be confusing, especially as you work on healing from a physical injury. Contact our legal team for assistance by calling us toll free at 888-799-3918 or use our online contact form.

Standing Up for Your Safety Rights

Fri, 20 Apr 2012 08:00:00 EST

It’s a wonder that window washers even exist due to the dangerous nature of their everyday job. But with the many buildings in New York and across the nation, there are many windows to be washed and many individuals that need to be employed.

When working on a hazardous New York job site, such as the side of a 40 story skyscraper, it is the law that employers must provide the proper safety gear which also must be in excellent working condition. Unfortunately, there are still employers who are looking to cut costs and many times will cut corners in the area of personal safety equipment. Due to the risk of working at great heights, it is mandatory that properly secured ladders and scaffolding be used but it doesn’t always happen that way. Unsuspecting workers have been seriously injured and even died after falling from unstable structures. In some of those cases, the employee was aware of the lacking security measures but felt stuck between a rock and a hard place since they had a job to do, a boss to answer to, and a paycheck to earn.

In the State of New York, there are specific laws for those working at elevated heights, including construction workers and window washers. Employees have the right to refuse to work unless all safety measures are tended to properly. By law, performing job tasks knowing the safety equipment is not adequate is actually illegal and you are obligated to refuse to work. Unfortunately, many workers will not stand up and refuse to go to work for fear of being terminated.

If you have been terminated for refusing to work in unsafe conditions or have been injured after a fall from an elevated location while on the job, contact our office today for a free consultation. All you have to do is call us toll free at 888-799-3918 or use our online contact form for more information.

Substance Abuse Related Call-Offs Put Jobs in Jeopardy

Fri, 20 Apr 2012 08:00:00 EST

Missing work is not uncommon for addicts and in light of the dangers of working with someone who is impaired, it may actually be better for impaired individuals to stay far away from a job site as possible in the interest of other’s safety. There have been many on the job accidents which have resulted due to the negligence of a person under the influence. Individuals battling addictions are often the last to know just how serious their situation is.

While it may be safer to have an impaired worker stay home when under the influence of alcohol or drugs, management will likely not tolerate a large number of call offs. Many people struggling with addictions have lost their jobs due to missing work and as a result their addictions spiral much farther out of control. Some addicts are really good at covering up their behaviors but when things in their lives become out of control due to drugs and alcohol, jobs are often the first thing to go.

Unfortunately, those who are able to maintain some functionality while under the influence and report to work daily on time and ready to work, pose a serious threat to the safety of the workplace. Being under the influence of drugs and alcohol reduces one’s ability to make good judgment calls, think clearly, and perform tasks with total focus. This leads to accidents, injuries, and fatalities. Consider an employed driver reporting to work still high. It can only take a second for the employee to become involved in an accident, injuring or killing themselves and many innocent people who happen to be on the road that day.

Those facing a struggle with addiction are often unaware or completely stubborn about their abilities, with many living day to day in denial. That denial can be a danger to anyone they work with, including themselves. Their inability to realize they are not able to safely perform their job poses a safety threat to everyone else. In some cases, when confronted by co-workers or management, addicts have lost their tempers, resulting in an added threat – violence on the job.

If you have been injured on the job due to the negligence of an employee under the influence, it is best to protect your rights. Contact our legal team for a free consultation by calling toll free 888-799-3918 or by completing our online contact form for more information.

Sinking of the Titanic: Workers Comp of Epic Proportions

Fri, 20 Apr 2012 08:00:00 EST

As we look back at the hundred years which have passed since the sinking of the great Titanic ship, it brings to mind the reality of the situation for every worker employed on the doomed ship. There was an interesting article featured specifically on the band which was employed on the Titanic. In James Cameron’s famous version of the sinking ship tragedy, several band members left a lasting impression as they played on despite the large vessel going under and people running for their lives.

Back in 1912, the Titanic hired band members as non-seamen members of the ship’s crew and at the time, the White Star Line (owners of the ship) refused to pay union scale wages to the performers. According to the rules, the musicians were required to refuse to work if not being paid appropriately. As such, White Star Lines agreed to list the band members as second-class passengers. They were to be paid as independent contractors.

As the ship went down, the band indeed continued to play in order to retain some kind of calm within the storm. Finally, their performance was cut short due to the sinking of the ship yet not one of the band members sought out a lifeboat rescue, nor did any of the band members survive. When it came time to distribute compensation for the deceased crew’s remaining family, none of the band members were eligible for funds under the British Workers Compensation Act since they were working as independent contractors.

Of course no one venturing out on that fateful Titanic journey ever imagined what would come of the venture. At the time, the band likely didn’t consider such consequences when agreeing to the independent contractor compromise from White Star Lines. As with any on the job accident, no one ever expects to be injured or killed performing their daily job duties but the reality is that it does happen. For this reason, all employees should be mindful of their workplace, especially in regards to safety.

Employers need to step up their training and resources for employees in an effort to keep people safe but at the same time should ensure they are abiding by all laws including maintaining workers compensation insurance, regardless of budgetary concerns. In the event the unthinkable happens, employers need to be covered and employees need to protect their rights for recovery.

If you have been injured on the job and have concerns about your workers compensation claim, contact our office for a free consultation by calling toll free at 888-799-3918 or use our online contact form for more information.

Moving Vehicles Bring Great Risk for Workers

Fri, 20 Apr 2012 08:00:00 EST

Working on the back of a garbage truck can be a hazardous proposition, even for the most experienced worker. Riding on the sides or back of a trash truck leaves workers susceptible to slips and falls which can prove deadly in an instant.

The recent story of the Peekskill sanitation worker who ended up in the hospital in critical condition, brings to light the importance of focus and safety when working on or around moving vehicles. It is believed the worker fell backwards when the trash truck began moving forward after stopping at a traffic light. Without being strapped on to the truck or using other safety equipment, such workers can fall victim to a simple slip that ultimately ends their life.

Any moving vehicle is a hazard to the health of a worker. Whether you are operating the vehicle or are just an innocent bystander, moving vehicles can and do kill. Consider a busy warehouse environment where pallet jacks and forklifts are constantly in motion around pedestrian workers. At any time, a wrong move can have catastrophic results. Workers get injured being thrown off or run over moving vehicles while on the job and it is important for proper safety training to be implemented for all those working on or around moving vehicles.

If you have been injured on the job due to a moving vehicle accident, contact our experienced workers compensation lawyers today for a free consultation. Our toll free number is 888-799-3918 or use our online contact form for more information.

Driving For a Living Can Be a Hard, Dangerous Life

Fri, 20 Apr 2012 08:00:00 EST

Working in a transportation-related field poses many risks to your daily health and safety. There are many factors involved in the transportation industry that can be hazardous to both you and the people for whom your provide services. While many workers can somewhat conform to a schedule outside of the 9-5 realm, those working in different areas of transportation such as airlines, trucking companies, and taxi drivers face more irregular schedules.

According to a recent survey, many of those working in a driving capacity are at higher risk for being involved in an accident or making a mistake due to being sleep deprived. These transportation workers have to work varying shifts and as a result find it difficult to fall into a good sleep pattern. Consequently, workers who drive for a living also carry a lot of responsibility. One simple mistake can turn deadly in an instant.

The only logical approach would be for employers to adopt a different scheduling system which allows workers to get more downtime available for sleep but due to the nature of the transportation industry, that is not likely to happen any time soon. This puts additional risk not only on the workers operating vehicles and transportation systems but also on every passenger utilizing the services. In addition, all co-workers who are working with drivers, train operators, and pilots are at risk for serious injuries or death if sleep-deprived mistakes are made.

Commuters also need to pay attention to the amount of sleep they are getting. Riding back and forth to work, especially when working on swing or late shifts, also leaves you open to vehicle accidents occurring when you nod off. It can be helpful to have a car pool established where you share rides to work with others. It can help you stay awake and ensure you make it to work or back home safely.

If you have been injured while driving on the job, contact our attorneys for a free consultation of your workers compensation case. We can be reached toll free at 888-799-3918 or through our online contact form.

Sanitation Worker in Peekskill Injured from Truck Fall

Thu, 19 Apr 2012 08:00:00 EST

A Peekskill sanitation worker suffered serious head injuries after he took a fall from a garbage truck this week. Police did not identify the worker but said the accident occurred after 10:00am on North Division Street.

Law enforcement does not believe that any traffic incidents resulted in the accident. They are also unsure if the garbage truck was in motion at the time of the accident. In addition to the victim, there were two additional city workers present on the truck at the time of the incident. The driver and a passenger were present and several bystanders rushed to the aid of the man after watching him fall backwards from the truck.

The victim was described as having suffered a serious head injury and has still been listed in critical condition at the Westchester Medical Center. While no identification was released, it was mentioned that the worker was young and there was hope for a recovery.

There was a similar incident which occurred in 2005 caused the death of a Ossining sanitation worker. John-Paul Rodrigues fell from a moving garbage truck and died after sustaining severe head injuries. Rodrigues was 24 at the time of the accident.

New York State Workers' Comp Board Planning Modernization

Fri, 13 Apr 2012 08:00:00 EST

The NY State Workers’ Compensation Board has announced they are planning to modernize their operations. The Board released last week a RFP (Request for Proposal) concerning a re-engineering which will revolutionize the methods for processing and monitoring claims throughout the state. The new system will increase performance and efficiency by changing the way stakeholders interact with the Board and with each other.

The project involves leveraging business processes and their improvements and new technology to increase system efficiency within all areas of the Board and its functions. These improvements are expected to improve services to New York’s businesses and for injured New York workers.

In the press release offered by the Workers’ Compensation Board, the projects upgrades were said to:

Improve the timely payouts of indemnity benefits
Ensure faster delivery of appropriate medical care
Improve the process for reporting medical treatment and billing
Eliminate nearly all paper forms
Reduce waste, fraud and abuse within the system
Increase focus on dispute prevention

The Board announced earlier they intend to transition from a paper to an electronic employer report of injury system using a national reporting standard. Submissions start in 2013 will be required to be made electronically using the national standard, according to the NY State Workers’ Compensation Board’s recent press release.

When Grief Leads to Chronic Depression and Missed Work

Fri, 13 Apr 2012 08:00:00 EST

Sometimes the loss of a loved one becomes so disabling, we may feel as though we may never recover. Depending on the relationship you had with the one you lost, it can be devastating to resume a normal life. If your depression has become debilitating to a point where you can no longer function, you may need to seek legal advice concerning a potential claim for disability benefits.

Depression is a serious illness that needs to be taken seriously. Managing depression on your own can lead to unintended consequences. Depression, especially chronic depression will require medical intervention and a strong support system. In many cases, the individual suffering from the condition doesn’t even realize how much of a hold it has on their lives.

When a serious trauma occurs in an individual’s life, depression and sadness may seem like a natural course of the grieving process but if several months have passed and you are not feeling motivated or inclined to resume a normal life, you need to take action. In some cases, you may qualify for Social Security benefits when the situation has become debilitating. Regardless, you will need to ensure you see a doctor and continue on with the prescribed medications or other course of treatment so you can stabilize your health.

If you have been diagnosed with chronic depression or other mental illness that may influence your ability to work, you should seek the guidance of an experienced New York disability attorney to review your case and determine your eligibility for benefits if you are no longer unable to work.

Contact us toll free at 888-799-3918 or through our online contact form for more information.

Loss of Work Time Due to Spastic Colon

Thu, 12 Apr 2012 08:00:00 EST

Experiencing the symptoms of a spastic colon, also known as irritable bowel syndrome, can cause a lot of distress and pain in your life. As a result, it can be difficult to go to work let alone perform your required daily work tasks. You may be inclined to call off from work due to the difficulties of a spastic colon but due to the frequency of symptoms, you may end up missing a lot of time from work.

Irritable bowel syndrome, or a spastic colon, brings on serious discomfort and the last thing you may want to do is get out of the bed when dealing with the pain. Due to the nature of irritable bowel syndrome, it can be difficult to deal with on the job. Feeling like you always need to use the bathroom can be highly distracting and even somewhat embarrassing.

It is in your best interest to seek medical attention for these issues especially if they are causing you to use sick time at work. You will likely need a doctor’s excuse from work for such a chronic condition so as not to put your job in jeopardy. Depending on the severity of your symptoms, you may miss out on several work days until the immediate situation can be resolved and you are no longer experiencing serious pain.

Missing work due to a chronic problem is a situation many workers are faced with. Discuss your issues with your doctor to find the best course of action for getting back to work as quickly as possible. Follow the doctor’s directives and make the appropriate changes to your diet to help speed up the recovery process after a bout of IBS.

If you have chronic medical conditions that cause you to miss work or no longer be able to perform your job duties, contact our experienced legal team for guidance by calling toll free at 888-799-3918 or by using our online contact form for more information.

Dealing with Death and Unsympathetic Employers

Wed, 11 Apr 2012 08:00:00 EST

When your parent, sibling, or spouse passes away, the last thing you likely want to deal with is your job. But if you wish to keep your job, it is essential you follow the rules of bereavement as they are set out in your employer’s handbook. No matter how difficult it is to deal with work-related issues while you are grieving for your family, it is a necessity so you will be assured to have a job when you are able to return.

While there are many employers who will be very sympathetic to your situation and offer any support you need during this difficult time, there will also be those who only focus on the job at hand and be critical of your time off from work. You may be forced to take the time off unpaid which can present additional problems for you financially in addition to the emotional toll you are experiencing.

If you have an employer who is not keen on offering sympathy or willing to extend your leave as you deal with your family situation, you must do you best to remain professional. You may need to meet with your supervisor and explain any extenuating circumstances like long-distance travel or funeral arrangements which require you take additional time off. It is in your best interest to make the arrangements upfront rather than storm out mad. You could be terminated for unexcused absences if you fail to take care of your work arrangements before leaving the office. Be sure to document the steps you have taken for requesting bereavement leave.

For those lucky enough to have a boss offering full support for your situation, be sure to still call into the office and keep your employer up to date on your status and your planned returned to work. While it is nice to have some freedoms during a difficult time, it is still important you respect your employer and your job if you wish to continue working with the company.

If you have lost a loved one due to an on the job accident, please contact our office to discuss your rights. We can be reached toll free at 888-799-3918 or use our online contact form.

Stand Up for Safety Neglect or Face Consequences

Wed, 11 Apr 2012 08:00:00 EST

A recent headline involving a New York crane operator who was involved in multiple on the job accidents where the crane he was operating collapsed, causing serious and fatal injuries to co-worker below highlights the importance of proper safety inspections as required by law.

The crane operator had to testify in two prior lawsuits about the incident and in both cases, the man admitted that safety protocol was not followed and inspections to the crane were rarely performed at all let alone every day before the crane was used.

These incidents may have been avoided if proper safety protocol was not neglected. If what the operator said is true then the city and state officials as well as the owners of the crane were at fault for the injuries and deaths occurring on the job site. The crane operator said in one incident that he operated the crane for three months and never saw anyone do an inspection. He also stated that he often overrode the crane’s safety system because he saw other workers doing the same thing.

While ultimately workers can only do so much, perhaps if someone working on and around the crane had addressed the issues of safety neglect, no workers would have been injured and no one would have lost their lives at work. There is no mention if the crane operator or other workers approached management about the safety issues involved in the accidents but it does appear from the deposition statements made by the crane operator that he just went and did his job as he was told.

Unfortunately that is often the case. People come to work and do the job they are told to do. It isn’t until an accident on the job launches an investigation and neglect of construction equipment is discovered. Worker safety is a team effort. Proper training as to the safety protocol is necessary, especially on construction sites which are known to be one of the most hazardous work environments. If you have not received the proper training or are concerned about the safety hazards on the job, approach management for direction as to how to handle the situation rather than proceeding ahead.

If you have been injured on the job because of safety protocol not being followed by co-workers or management, contact our office for a thorough analysis of your case. You need to protect your workers compensation rights to ensure your receive proper medical attention and are granted your worker rights. Contact us toll free at 888-799-3918 or use our online contact form for more information.

Does Your Job Keep You Out of Breath?

Wed, 11 Apr 2012 08:00:00 EST

If you work in an environment where you are susceptible to breathing in a variety of chemicals and other debris, it is important to protect yourself against such hazards that can develop into conditions such as bronchitis and more serious respiratory and lung diseases.

There are many jobs and industries where workers face breathing hazards on a daily basis. From co-workers that smoke to handling hazardous chemicals, your lungs may be susceptible to disease and chronic conditions simply by your breathing in your workplace environment. For this reason, it is important to follow all safety regulations and requirements by wearing protective equipment such face masks and breathing gear as necessary.

Some seasoned workers will refuse to wear the protective equipment mainly because it wasn’t required ‘back in the old days’ and management often neglects to enforce the safety regulations. Both situations can lead to the development of serious lung diseases and chronic coughs which can end up leaving a worker too disabled to work. Shortness of breath and chronic coughs can lead great difficulties in performing your job duties.

It is important to understand the hazardous materials you are working around and how they can affect your health in the short and long term. Developing chronic lung conditions and disease on the job is not uncommon and often is the result of poor training and improper protective gear being utilized on the job on a consistent basis.

If you have developed breathing conditions or lung disease on the job, it is important to protect your rights as an injured worker. Contact our legal team toll free at 888-799-3918 or through our online contact form for more information.

Operator of Collapsed Crane Had Accidents Before

Tue, 10 Apr 2012 08:00:00 EST

The crane operator who was working on a subway extension last week when a worker was killed has been found to be directly involved in at least two prior accidents. Lawrence Anderson, licensed by New York since 1996, was involved in lawsuits related to workers being injured during his time operating a crane.

Anderson testified in both work-related work lawsuits that the cranes he was operating were neglected in safety inspections. He also stated he was unsure of the safety of overriding the crane’s safety system and only did so after watching other workers do it.

The latest accident involved the 230 ton crane collapsing while Anderson was at the controls. The boom of the crane collapsed, causing debris to fall down on other co-workers. A laborer, Michael Sumermeyer was killed and other worker suffered serious injuries. The crane’s boom cable snapped and investigators are now working to find out why.

Anderson, 56, is now under close scrutiny as investigators try to explain the multiple accidents he has been involved in. He has been working in the construction industry since the mid-70’s and was licensed at the time of the accidents. Throughout the several depositions he’s been involved in, Anderson cited neglect by the crane owners for proper safety inspections. He stated in one case that in the three months Anderson had been working on a job site, he never say authorities from the city or the state come on-site to inspect the crane. Crane owners are required by law to inspect a crane each day before it is put in use.

Investigators are still looking into the most recent incident.

Painter Falls to His Death on Throgs Neck Bridge

Thu, 05 Apr 2012 08:00:00 EST

A construction worker was killed during a project on the Throgs Neck Bridge when he reportedly slipped off a platform and fell into the water below.

John Massas was on his second day of work where he was painting on the bridge. Around 8 am, Massas was on a platform underneath the roadway. He reportedly was either changing or adjusting his safety harness when he fell from the platform, traveling 130 feet to the water below.

The Coast Guard and local fire department were on the scene to search for the body in the water. By midafternoon, the body had yet to be recovered by authorities. OSHA, the Metropolitan Transportation Authority, the police department, and the Office of Emergency Management launched an investigation surrounding the incident.

Massas was employed with Nuco Painting Corporation of Islandia, NY. The company was subcontracted by El Sol Contracting and Construction. The bridge, which connects Queens and the Bronx, is the site of a $25 million steel rehabilitation project.

This is not the first time an employee of El Sol was injured on a bridge project. In 2007, a worker on a job site on the Verrazano-Narrows Bridge fell 70 feet and was fatally injured. Noco Painting has no incidents reported according to OSHA’s database.

John Massas was a married father of three. He was a resident of the Bronx and had been working in construction for the past three year. Family members said Massas enjoyed his work but his wife often expressed concern about his safety at work. Massas reportedly told her often that ‘I tie myself good’ in an effort to ease her concerns.

Factory Owner Violations Spells Danger for Injured Workers

Thu, 05 Apr 2012 08:00:00 EST

A Brooklyn tortilla factory owner’s arrest highlights the danger facing all employees. After a fatal accident sparked an investigation by OSHA and other authorities, it was discovered the factory owner was committing daily violations against employee rights.

Erasmo Ponce is the owner of the Tortilleria Chinanttla factory in Brooklyn and is now out on bail when authorities discovered he was running his factory without workers compensation insurance. Unfortunately, Ponce didn’t learn his lesson after the worker’s death caused by a fall into a giant mixing machine which crushed him to death because an investigation revealed Ponce failed to secure the machine after the accident putting other employees at risk for injuries or additional fatalities.

The investigations into the operation of the factory also revealed that Ponce was underpaying his workers. Essentially it appears Ponce was putting everyone on the job at risk and wasn’t even paying workers fairly. It was discovered Ponce failed to pay out compensation for employee overtime. Family members of the worker who was killed said Ponce ‘didn’t act like his death was important, like it mattered to him.’

Small businesses do face a lot of financial strain, especially in the current economy. As a result, owners will often make cuts in important places including insurance coverage, safety equipment, training, and other aspects of business. It is only when an incident occurs on the job are authorities and even employees alerted to the violations and the safety risks in the workplace.

If you are aware of safety violations and other budgetary cuts that affect employee safety, you know you are at risk. If you are injured due to an employer’s neglect of safety issues, you must protect your rights. Consult with one of our experienced attorneys who can provide the guidance you need to win your right to compensation.

Contact our office toll free at 888-799-3918 or use our online contact form to get more information.

Brooklyn Tortilla Factory Owner Facing Violations after Death of a Worker

Wed, 04 Apr 2012 08:00:00 EST

Workers compensation is seeing more changes ahead and is vastly different than it was a decade ago. Due to the rising costs of medical treatment and the impending Affordable Care Act, the third—largest writer of workers compensation is leaving he stand-alone market.

AIG has said one of the reasons it was exiting the stand-alone business was due to the Affordable Care Act, citing ‘increased vulnerability to the risk of further cost-shifting the excess workers compensation class of business in particular.’

The Affordable Care Act, nearly 33 million people will have health insurance coverage which will cost $1.1 trillion. This situation will spark an increased in medical attention demand with more people seeking out doctors and causing cost-shifting.

AIG is not the only insurance company looking to refocus. Many like Harford Financial said it will be looking to get out from the ‘multi’ aspect of their coverage and only focus on its mutual funds business, its property and casualty insurance, and group benefits. Many insurance experts agree that multiline insurance operations are facing challenges in the near future.

Workers Compensation in Line for More Changes With ACA

Tue, 03 Apr 2012 08:00:00 EST

$1 Million Awarded in Worker Injury Lawsuit for Metro Worker

Fri, 30 Mar 2012 08:00:00 EST

A Metro-North Railroad employee injured on the job was awarded more than a million dollars after he was disciplined by company management for reporting an injury at work.

Andy Barati was also awarded $50,000 by the jury for the pain, suffering, disfigurement, and lost wages after a railroad tie fell on to his foot and broke his big toe. Barati claimed he was fired after he reported the incident when a jack failed and led to the falling tie.

Under the Federal Rail Safety Act, employees are not allowed to be disciplined for reporting violations of laws or rules or for reporting an injury in the workplace.

Metro-North, Barati’s employer, is one of the most traveled commuter railway in the nation. Travelers commute from New York City to its suburbs in New York State and neighboring states Connecticut and New Jersey. Barati was injured while working at NYC’s Grand Central Terminal in 2008. The 48 year old was fired and then rehired, having his termination reduced down to a suspension.

Metro-North alleged that Barati lowed a rail and block tie without first checking for foot clearance. His foot then became trapped under the block tire. The termination then came with Barati supposedly violating company policy for not checking his foot placement. OSHA then launched an investigation and found reasonable cause that Metro-North was guilty of violating the railroad safety laws. A foreman on the job site said the work area was not properly lit. Additional investigation found that Barati was not properly trained to operate a manual track jack other than for a few minutes during his orientation.

Violation of Safety Laws Not Uncommon for Employers

Fri, 30 Mar 2012 08:00:00 EST

The recent $1 million plus award to an injured Connecticut worker highlights the importance of protecting your workers compensation rights after an injury on the job.

A Metro-North employee was fired after he reported the incident in which a railroad jack failed causing a railroad tie to fall on his foot, breaking his big toe. After the worker reported the accident, he was fired for what his employer said was violating company policy and essentially causing his own accident. However, an investigation by OSHA revealed it was not the worker’s fault. It was the employer who was found guilty of violating railroad safety laws.

While there are not many million dollar workers compensation awards handed down from a jury, there are many employers who are willing to violate work safety laws in order to cut costs or corners. Many times employees who were hurt in the job were accused of wrong-doing by employers and had no idea what to do. Some dropped their case and dealt with the consequences on their own.

There is no reason for you to back away from a legitimate workers compensation claim. If you received an injury on the job, you have a right to report it with worry of being disciplined or terminated. While that is an employee’s right, there are companies that will ignore those rights and attempt to get rid of the problem rather than face facts.

If you are hurt on the job and fear retribution if you report your injury, it is time to get counsel from an experienced workers compensation lawyer. Contact our legal team today at 888-799-3918 or use our online contact form for more information.

Don't Rely on Social Security Disability Benefits Right Away

Thu, 29 Mar 2012 08:00:00 EST

If you are counting on Social Security disability benefits immediately after filing your first claim, you may need to step back and take a reality check. According to reports, the 2011 amount of denied claims for disability were at a record high and as a result, the Social Security Administration is now filled with a backlog of appeals and new applications. This can mean your claim will take some time – in some cases years – to come to a conclusion.

The best way to ensure your claim for disability benefits is approved the first time, you should considering hiring an experience legal team that understands the laws of disability benefits and will work alongside you through the entire benefits application process. If you try to file on your own, you stand a great chance for being denied and having to face an appeal.

Our legal team will make sure you have the proper medical proof and documentation you need to back up your claim for disability benefits. We will also confirm your application is filled out completely so you can have the peace of mind a denial will not come due to simple mistakes or missed information.

Social Security benefits may become critical to your situation so it is in your best interest to get things done the right way the first time with one of our experienced Social Security lawyers by your side. You can contact our office toll-free 877-799-3918 for a free consultation about your disability claim. You can also get more information using our online contact form.

Your Doctor Can Make the Difference in Your Disability Claim

Thu, 29 Mar 2012 08:00:00 EST

As experienced Social Security disability attorneys in New York, our legal team is well aware of what it takes to win your claim for disability benefits with your initial application. Along with filing out the forms correctly, you also need to ensure you are submitting the proper medical documentation that supports your medical conditions and physical or mental limitations due to your disability.

Your primary care physician and the medical doctors treating you for your disability issues will often be your strongest piece of evidence which supports your inability to return to your normal job duties. When your application is being reviewed by the Social Security Administration, the information provided by your physician will weigh strongly in support of your claim.

For this reason, it is vital that you follow through with your doctor’s appointments, treatments, and recommended care of your health conditions. If you never go to the doctor and follow up on your health, you will not have much medical evidence to support your claim for disability benefits. You may end up losing your initial claim and subsequent appeals. Your doctor’s word is not just good enough either. Your claim will need to be backed up with sufficient laboratory reports and diagnostic evidence that proves performing other tasks would not be possible given your medical conditions.

Social Security disability benefits are getting denied by the thousands due to insufficient medical information and missing application form information. The process of applying for Social Security disability benefits can often be complicated and having an experienced disability attorney on your side to assist with the process can be invaluable to securing your benefits with the first application.

If you have to file for Social Security benefits due to a medical impairment, you should contact our office toll free at 888-799-3918 to schedule a free evaluation of your case. You can also contact us via our online contact form.

Family Members Hit Hard With On the Job Accidents

Thu, 29 Mar 2012 08:00:00 EST

There have been many family members who have suffered along with workers injured on the job. It is the family members who are left to cope with the medical problems and other consequences that arise after work-related injuries and accidents occur. In some cases, it is the family members left to stand alone when a work-related fatality occurs.

A recent headline involving the death of a demolition worker on-site at a Columbia University construction site has prompted the victim’s family to take legal action in a public manner. The Harlem building collapse that killed Juan Riuz and seriously injured two of his fellow workers should not have happened according to family members. They plan to fill a lawsuit, taking the case public to prevent other construction deaths from occurring to other families. The injured workers’ families may do the same in time.

Family members are often left to pick up the pieces after a wrongful death on the job or work-related injury. For this reason, it is important to consider your options and protect your rights in a workers compensation claim. You will need to be able to support your family when you are unable to work after an injury.

If you have been hurt on the job or have lost a loved one to a work-related fatality, contact our office toll free at 888-799-3918 or through our online contact form to receive a free evaluation of your case. You need to ensure you are protected financially and legally when dealing with a workplace injury or death.

Construction Workers Death in Harlem Prompts Family to File Suit

Wed, 28 Mar 2012 08:00:00 EST

The death of a construction worker at a Harlem construction site has forced his family to file a lawsuit. Juan Ruiz, age 69, was killed when a warehouse was being demolished as part of the renovation project occurring at Columbia University.

The warehouse demolition went awry, causing the building to collapse on top of Ruiz and subsequently killing him. The family of the victim had to go to the medical examiner’s office to identify the body of their beloved and now want answers as to who is accountable for the deadly accident.

To date, it is reported that Columbia University has already incurred more approximately 59 code violations on their construction site. The project itself has been stopped forcibly 13 times in the two years since it started.

During the workplace building collapse that claimed Ruiz’s life, two other workers were injured, including 60-year old King Range and 30 year old Sakim Kirby. Kirby was said to still be hospitalized but in stable condition at St. Luke’s Hospital. Kirby’s family has also hired an attorney but so far the family is only concerned about the injured worker’s health and said that legal decisions will be made at another time.

The victims in the collapse worked for the demolition company. The sustained injuries after piles of concrete collapsed on top of them, trapping all three men in the rubble until help could pull them out. Juan Ruiz was set to retire soon and his family, including his wife, grown children, and grandchildren want justice to be served publicly to prevent others from dying in similar incidents.

Elbow Injury Halts Work Career for Cincinnati Red Ryan Madson

Wed, 28 Mar 2012 08:00:00 EST

Injured baseball player has been benched by an elbow injury before he even had the opportunity to pitch in a game for the season. The elbow injury was an ongoing problem for Madson who had elbow irritation issues when working with the Phillies. The team’s medical director did not consider the injury to be serious.

Madson had been making progress as a pitcher and had signed a contract for one year with the Red’s that was worth $8.5 million with $6 million being paid for this upcoming season. Madson has passed a recent physical successfully before the contract was made official. The Cincinnatti Reds did not take out any insurance on the contract due to the club’s policy for not insuring one year contracts. The Red’s acquisition of Madson was considered to be a ‘prized’ one in hopes of reaching the 2012 playoffs.

Madson was said to be disappointed and ‘feels terrible’ about the situation. The Reds team also held closed-door meetings where other players were encouraged to stay positive and were assured that a solution would come.

Madson was diagnosed with a torn ligament that will need reconstructive surgery to repair. The 31-year old had previously spent a 9 year career in Philadelphia with the Phillies before moving to the Red’s.

Sports Injuries for Pros Hurt the Bottom Line

Wed, 28 Mar 2012 08:00:00 EST

While professional sports players may get a lot of attention and fame for their talents on the field or the court, the reality is for the most part professional sports players are doing a job. When they get injured on the job and are no longer able to move like they are known to do, they are also at risk for losing their income and financial stability.

Professional athletes are at a higher risk of serious injury each time they attend practice and games. Repetitive motion injuries are common in these players and many will end a career with an injury that takes them down. Head injuries, back injuries, and blown out knees are common injuries among basketball players, baseball players, football players, and so on.

The physicality of their jobs can cost them greatly. One minute they are the greatest thing since sliced bread and the next they have few options to earn the living they used to earn when healthy. Additionally it becomes more difficult to keep public adoration when you can no longer do anything for your team. It can difficult to be injured and ostracized at your job.

It is not only pro athletes that face these issues when hurt on the job. People that work regular 9-5 jobs are often bullied by management and harassed by co-workers when they are hurt at work. It can be a difficult situation to navigate in addition to getting the proper medical treatment, facing income loss, and trying to return to normal life.

Workers compensation cases can be tricky for anybody. It can help to have the support and guidance of an experienced workers compensation attorney by your side. You can receive a free evaluation of your case by scheduling an appointment with our legal team today. Contact us toll-free at 888-799-3918 or use our online contact form for more information.

Worker's Compensation Benefits Can Get Complicated

Fri, 23 Mar 2012 08:00:00 EST

When you are injured at work, you can be devastated to learn you have been denied receiving any kind of compensation benefits. Benefits denial for on the job injuries are not uncommon. It can be due to incomplete paperwork or do to a decision on the part of the insurance company. In either case, it is wise to go directly to an experienced workers compensation attorney for help.

Because you already have so much on your mind when dealing with an injury and medical treatments, it can be easy to get taken advantage of at this time. Being denied for benefits you deserve and need is a serious matter and one we can help you work through during this difficult time.

The good news is just because you have been denied doesn’t mean you can’t file an appeal. There can be simple reasons your claim has been denied and you should never just take that denial and walk away. We can help protect your rights to recover benefits to ensure you can pay your personal bills, your medical bills, and allow you to recoup lost wages due to your on the job injury. Without proper legal guidance, you may continue to be taken advantage of in your time of need, especially if you anticipate a lengthy recovery time.

Contact our office today and well review your workers compensation case for free. We can be reached toll free at 888-799-3918 or through our online contact form for more information on your workers compensation claim.

Are You Doing the Right Math in Workers Compensation?

Fri, 23 Mar 2012 08:00:00 EST

When it comes to calculating the variety of numbers involved in a workers compensation case, it can be really confusing for people to understand exactly what they are entitled to receive.

Workers compensation benefits can be vital when you out of work and trying to recover from a work-related injury. You are not earning an income but still have financial responsibilities to maintain. If you are unable to earn income for a long period of time, you must be sure you rights to benefits are protected and that you are getting the right amount of benefits you deserve.

There are many situations where people are not treated fairly after an accident at work. Their claims for benefits can be denied or provided in amounts that are not accurate. For these reasons you will need an experienced attorney to help you sort through the different factors involved in your specific situation, depending on what you typically earn.

The rules of workers compensation benefits can be unfair so if you don’t know what you are facing, it is best to get help. We can help decipher the amount of benefits you should be receiving during the duration of your recovery time based on your regular wage and your injuries and how long it will take you to return to work.

If you have been hurt on the job, be sure to contact our experienced legal team after you have received medical attention. We can perform a free evaluation of your case and help you through the process. You can reach us toll free at 888-799-3918 or through our online contact form.

Work-Related Injuries Can Spring Internal

Fri, 23 Mar 2012 08:00:00 EST

There are a number of work-related injuries and medical conditions that can result in conditions affecting the internal organs of the body which require ongoing medical treatment by specialists known as urologists.

One common injury while working is due to accidents involving motor vehicles. Internal injuries are common in such incidents and may result in long-lasting medical conditions such as incontinence after injury. A urologist is specially trained to diagnose and treat such conditions.

Internal injuries incurred on the job can be hard to diagnose and can prove fatal to sufferers that may not even know these injuries exist. If you are involved in any accident at work where trauma occurs, it is always recommended you seek medical treatment. People with no outward signs of injury have died because of internal injuries they were unaware they had. Ignoring pain early after an accident can lead to much larger issues in the future and more costly consequences. Leaving problems go untreated can mean you may never return to work or live a normal life again.

There are other accidents that can occur on the job that may cause embarrassment if they were to be reported. But injury your private areas can be devastating to your health and ability to work your normal duties. No matter the severity of the injury or how the injury occurred, it is vital to your welfare that you report the injury to your supervisor and seek a medical intervention.

If you have suffered an injury on the job, it can help to have the guidance of an experienced attorney on your side to help you through your case. You can reach our legal team by calling us toll free at 888-799-3918 or contact us via our online contact form.

Intimidation of Injured Workers Doesn't Fly With OSHA

Fri, 23 Mar 2012 08:00:00 EST

A recent story about an injured railroad employee sheds light on the unfair treatment of workers still going on today but also shows that employers are not getting away with it in every case.

The situation involved an employee of Metro-North Commuter Railroad Company who suffered an injury to his finger on the job and was medically excused from working until his finger had healed and the sutures were removed. Despite the doctor’s orders, management from the railroad company essentially cheated the system and had the injured man listed instead as restricted duty. The man was also forced to perform specific tasks directly prohibited by his doctor.

OSHA became involved in the case and as a result, the injured man was awarded $10,000 in punitive damage. There was no word on how much other damage the man incurred by being forced to work but it shows that some employers are not above intimidating injured workers to get the job done.

OSHA’s regional director stated that the actions of Metro-North were ‘unacceptable’ and essentially was a warning to other employees against reporting on the job injuries. OSHA reps also went on to say that railroad employees must be free to report their work-related injuries without being afraid of intimidation, harassment, and forced working conditions.

If you have been injured on the job and your employee has tried to talk you into doing things you’d rather not do, including skipping out on medical treatment, you have rights to protect. Contact our law firm today to discuss your case and your options. You should not have to worry about being harassed over your work-related injury. Reach us toll free at 888-799-3918 or by our online contact form for more information.

Lack of City Safety Measures Threaten Everyone's Safety

Fri, 23 Mar 2012 08:00:00 EST

There are growing concerns about the workload of those responsible for the safety of buildings and structures on New York City. It is being reported that the employees working for the Department of Buildings have a lot of responsibilities in inspecting various properties and a rash of fatal accidents may be related to the lack of workforce in the area of safety.

The most recent headline involving the New York executive that was killed in an elevator accident is just one example of what the lack of attention to safety matters can do. The consequences are serious and a potential danger to the public at large. Currently it is estimated that 317 inspectors are responsible for monitoring 975,000 properties in the city. These inspections include the elevators like the one involved in the fatal executive’s accident.

Building safety is very important, especially to the people who are commissioned to work on them. Construction accidents are already on the map for being a leading cause of work-related accidents and due to the lack of safety measures, it is vital the workers take extra precautions on the job to ensure their safety and the safety of their co-workers.

Anyone can be injured in an unsafe building –whether it is the workers that show up for their jobs, pedestrians in the street, or people who live in the unsafe buildings, it is important to always be concerned with safety especially when working in a hazardous job.

If you have been injured in the workplace, you need to protect your rights and ensure your workers compensation claim is handled properly. You can contact us toll free for a case evaluation at 888-799-3918 or through our online contact form.

The most recent headline involving the New York executive that was killed in an elevator accident is just one example of what the lack of attention to safety matters can do. The consequences are serious and a potential danger to the public at large. Currently it is estimated that 317 inspectors are responsible for monitoring 975,000 properties in the city. These inspections include the elevators like the one involved in the fatal executive’s accident.

Building safety is very important, especially to the people who are commissioned to work on them. Construction accidents are already on the map for being a leading cause of work-related accidents and due to the lack of safety measures, it is vital the workers take extra precautions on the job to ensure their safety and the safety of their co-workers.

Anyone can be injured in an unsafe building –whether it is the workers that show up for their jobs, pedestrians in the street, or people who live in the unsafe buildings, it is important to always be concerned with safety especially when working in a hazardous job.

If you have been injured in the workplace, you need to protect your rights and ensure your workers compensation claim is handled properly. You can contact us toll free for a case evaluation at 888-799-3918 or through our online contact form.

Does NYC DOH Really Worry About Safety?

Thu, 22 Mar 2012 08:00:00 EST

The New York Department of Health was recently lauded by Mayor Bloomberg for its forward movement in protecting the safety of the public. Specifically the mayor cited the tiny decrease in salmonella cases after a restaurant-inspection frenzy that took place around the city but it appears that not everything is as it seems when it comes to safety in the city.

The Department of Health provides one inspector for roughly every 160 restaurants. Conversely, the Department of Buildings which monitors the safety of locations and properties has only one inspector for every 3,075 properties under its watch. While food poisoning cases may be on the slight decline, it appears that bigger issues are at stake, especially when it comes to elevator inspections throughout the city.

The tragic death of a Midtown advertising executive is a recent example of what the understaffing at the Department of Buildings means to New York. There are not enough inspectors to deal with the properties they oversee. There have been a rash of injuries and deaths in the city stemming from sidewalk bridges and buildings collapsing on top of passerbys. Construction cranes are also a concern such as when heavy loads during the building phase has fallen stories below onto city streets and construction sites.

There is a lot of criticism of the priorities of City Hall when people are dying because of faulty elevators and falling buildings but there seems to be a greater focus on the many restaurants in the city and whether or not they are up to inspection. Some cite the massive fines collected from health code violations as the reason for the keen focus on salmonella cases throughout New York City.

Railroad to Pay $18K for Interference in Workers Comp Treatment

Wed, 21 Mar 2012 08:00:00 EST

OSHA has ordered a commuter railroad company to pay $18,830 after violating physician orders and requiring an injured employee work while still under medical care. Metro-North Commuter Railroad Company was found to have retaliated against one of its employees in their Croton-on-Hudson, NY Harmon Diesel Shop who filed a workers compensation claim after a finger injury in 2009.

The injured worker was a laborer and reported his finger injury to management in June 2009. At the time, management personnel tried to talk the employee out of seeking medical help but ultimately treatment was sought at a nearby hospital and the worker received stitches. He was also given orders by the medical staff to not use his hand until the sutures had time to heal. His hand was also to be kept clean and dry.

The occupational health service at the railroad company made the determination that the injury prevented the worker from his duty but it was found the facilities director of the diesel shop convinced the health service to change the status of the injured worker to ‘restricted duty’ instead despite the worker’s physician providing written notice for being excused from work.

The injured man was then forced to return to work and complete job tasks specifically forbidden by the doctor including working with chemicals and lifting heavy objects. As a result, OSHA has required the railroad company to pay $10,000 in punitive damages for the workers plus another $8,830 in legal fees. They were also required to expunge any negative information that went into the employee’s files.

Doing the Math Not Always Easy

Fri, 16 Mar 2012 08:00:00 EST

When it comes to figuring out how much money you are entitled to receive in the event of a work-related injury, it is not as simple as doing a math calculation. You are better served to seek the advice of an experienced workers compensation attorney such as a one of our legal team members. The reason you may need more help than you realized is because workers compensation can be complicated.

If you do not do the correct calculations for figuring out your benefits amount, you may end up receiving less money than you should. This can become a crucial matter when you are out of work, struggling to make ends meet while you try to recover from your injuries. An attorney with workers compensation can not only help you figure out the financial aspects, we can help guide you through the different aspects related to your work injury.

Being injured on the job can be devastating to your normal life. You may find it difficult to deal with not only being out of work but having to cope with the medical aspects as well, especially when you are in need of treatment for the foreseeable future. For this reason, having someone to walk you through the different aspects of your situation will become more important.

If you have been hurt at work and are having difficulties keeping up with bills, your medical treatments, and your workers compensation case, do not delay in getting the legal guidance you need to protect your rights. You can contact us toll free at 888-799-3918 for a free consultation. You can also use our online contact form for more information.

Are You Entitled to the Maximum in Workers Compensation Benefits?

Fri, 16 Mar 2012 08:00:00 EST

If you are injured on the job, you may have no clue as to what steps you need to follow when it comes to filing for workers compensation benefits. Since the law changes in 2007, those injured on the job can now receive up to the maximum benefit which is calculated using two-thirds of your average weekly wage. This is a tax-free benefit that is meant to help you survive financially as you recover from your work-related injury.
Workers compensation benefits can be complicated by various issues, especially if you are compensated with tips, bonuses, commission earnings, and other common payment scenarios. If you are hurt on the job while you are earning wages with other factors involved, it is important to know where you stand financially and an experienced attorney can help you decipher the process and assist you in making the right financial determinations.

Being hurt on the job can bring about several complications in your life because of the affect injury can have on you and your entire family. While your benefits may be enough to keep your ends meeting, you have other factors to consider including your ongoing medical treatments and their costs. It is important to speak with an experienced attorney on our staff so you will have the right expectations for what happens next.

Contact our legal team for a free consultation on your workers compensation case by calling us toll free at 888-799-3918 or by using our online contact form for more information. It is essential you protect yourself and your family during a claim for workers compensation benefits. Call us today.

Healthcare and Emergency Workers Prone to Infectious Diseases

Fri, 16 Mar 2012 08:00:00 EST

There are many healthcare workers that wind up on the receiving end of medical treatment after being exposed to an infectious disease. Any time a patient that carries an infectious disease, they can expose it to unsuspecting medical workers especially in times of emergency treatment when the diseases are not properly disclosed.

Ambulance personnel and other emergency medical workers are prone to being stuck with needles that are infected by accident or when patients become violent. These workers will then need to be tested at length and perhaps for a long period of time for evidence of infectious disease like hepatitis and HIV.

Most in the healthcare industry take the proper precautions to prevent such incidents and employers need to stay on top of the important safety standards to protect workers. Vaccinations and protocol for emergency situations are crucial to workers’ safety. There must be precautions taken to prevent the unnecessary spread of disease in the healthcare workplace including protective equipment, proper training of staff, and follow up care for when events do occur.

Infectious diseases can have a serious long-term impact on your life, especially as some of the conditions currently do not have a cure. Your regular physician may not be able to provide that long-term care and you may be referred to a specialty doctor, a medical microbiologist, for further evaluation, testing, diagnosis, and treatment.

If you have been infected while on the job, it is urgent you get medical attention. You will also need the guidance of a professional attorney experienced in the complexities of workers compensation. Call our office for a free consultation at 888-799-3918 or use our online form for more information.

Feeling Depressed? Your Workplace Should Help

Fri, 16 Mar 2012 08:00:00 EST

There are a multitude of reasons why people become clinically depressed. Events happening in their personal life or their workplace can trigger long-lasting feelings of sadness and a total lack of interest in life. These feelings can be dangerous not only to the person who suffers the feelings but also for the entire work environment.
Many working people with depression fail to seek help from their employer for fear of losing their job or fear of having others think less of them for their condition. Many also remain silent about their depression or other mental illness because they feel they do not have the means to get medical help. However many employers offer help for mental illnesses including depression. In fact, more than half of the medical plan payments are made in regards to mental health conditions.

Dealing with employees who may be depressed can be a dangerous position for management. Confronting someone about possible depression can trigger feelings of resentment especially when employees feel as though they are unsupported or being singled out. Many with depression do not realize the extent of their condition and will not be open to advice from anyone else.

But it is important to prevent potential acts of workplace violence and protect the entire workforce and it is also important for those struggling with depression to get help. Depression is a common illness and can be exacerbated by work stress. It can be a costly illness for the employee and their employer alike.

If you have been injured at work during an incident of workplace violence, it is important to seek medical attention and speak to our experienced legal team about your rights to workers compensation. Contact us for a free evaluation at 888-799-3918 or through our online contact form for more information.

Following Worker's Compensation Guidelines Essential for Claim

Fri, 16 Mar 2012 08:00:00 EST

If you have been injured at work, it is important to follow the protocol for seeking medical treatment following the injury and then seeking a consultation with a workers compensation attorney to protect your rights.

When you get hurt on the job, the first thing you will need to do is report to your supervisor detailing the situation, unless there is an emergency medical situation where you are incapable of giving a report. You should consult with an authorized health care provider for a proper diagnosis and treatment that is necessary. You should inform the doctor you visit the specific details of how your injury occurred. You will specifically be asked if you incurred your injury while on the job. Be sure you follow the instructions provided by the doctor, including any referral appointments to specialists.

After treatment has been provided and you understand where you are medically, you should contact your employer with the update. Some employers will require a drug test after any on the job injury so you will need to comply with those requirements if a drug test was not already administered by the medical provider during your visit. You will need to comply with these requirements to ensure your claim for workers compensation is not compromised.

Your employer will need to provide the costs to cover medical care necessary to treat your injury with the aim of getting you back to work as soon as possible. They will also need to complete a report about the accident where you were injured. Not all employers will follow the rules as they should regarding your workers compensation case. For this reason it is wise to employ the services of a qualified attorney to ensure your case is handled appropriately and in a timely manner. If you are out of work for an extended period of time, you will need to be sure you receive the benefits so you can recover without worrying about your income.

If you have been hurt at work, contact our law office for a free consultation by calling toll free at 888-799-3918 or by using our online contact form for more information.

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Workers Comp Medical Treatment Guidelines Shown to Have Failed

Thu, 15 Mar 2012 08:00:00 EST

The New York Worker’s Compensation Board’s quest to retro-activate Medical Treatment guidelines may now need to be rethought. The Workers Compensation Board now is admitting that their ideas may not be valid as nearly a quarter of a million requests have come in during the first year to deviate from the guidelines currently in place.

The Board has rejected about 28% of the requests which total about 50,000 applications. Another 165,000 applications were the subject of almost 20,000 hearings, with 2,000 hearings scheduled each month. It is estimated that the processes and paperwork costs nearly $60 million to employers each year. This amount of cost is much higher than the cost of the treatment being denied to workers injured on the job.

The passage of S3741 would stop the New York Workers Compensation Board from staying with the former treatment guidelines. The new data shows that costs will be reduced for employers and medical treatment would be more available for workers injured on the job. There is hope that the Legislature will pass S3741 to make it beneficial for everyone involved in the worker’s compensation system.

Crohn's Disease May Equal Loss of Work Hours

Sat, 10 Mar 2012 08:00:00 EST

Common illnesses are the most popular reason why people call off from their job. Crohn’s disease may be the one of the reasons you have had to miss another day of work. The symptoms of Crohn’s disease cannot only cause chronic pain and discomfort, its effect on your bowels can make it hard to leave the privacy of your home until symptoms have subsided.
Crohn’s disease may also entail developing symptoms that are similar to other medical problems or conditions so it is wise to know what you are dealing with if symptoms become recurrent. Symptoms of the disease can be off and on over time and some people will experience chronic flare ups that leave you unable to leave the bathroom let alone make it to work.
It is a wise idea to bring proof of your medical condition to your supervisor if you hope to keep your job. Since there are many companies keeping a no tolerance policy for call offs or missed days, your Crohn’s disease can cost you your job and source of income. Depending on your diagnosis and your job duties, it may be not be possible for you to work as usual, prompting you to find other job tasks with your employer.
If your symptoms of Crohn’s disease are severe, it may be time to check into disability payments for your medical condition. Many cases are denied without an experienced attorney’s involvement so a free consultation with our legal experts may be your starting place.
You can contact our office toll free at 888-799-3918 or by using our online contact form for more information.

Bile Reflux Disease and Your Job

Sat, 10 Mar 2012 08:00:00 EST

Bile reflux disease is a common disease occurring when bile flows upward from your small intestine into your stomach and esophagus. Acid reflux, the backflow of stomach acids into your esophagus, usually occurs along with bile reflux. Bile reflux and acid reflux together do not make a good combination. Both conditions can cause inflammation of the lining of your esophagus and increase your chances of getting esophageal cancer. It can also cause inflammation in your stomach and bring on pain.
Bile reflux disease will need to be managed through surgery or medications. It can be difficult to work through the pain and chronic symptoms of this persistent condition and as a result, you may spend a lot of time out of work. The good news is that when properly controlled, you may be able to return to normal work activities.
If the symptoms you experience do not get better through treatment or cause other medical problems, you may find you are unable to return to work, especially when you must perform physical job tasks every day. At some point, you may need to consider filing for Social Security benefits if you feel you are no longer able to work and you have a proper diagnosis from your medical provider.
If you are struggling with the symptoms of bile reflux or acid reflux disease, you may need to have your medical records reviewed by an experienced Social Security benefits attorney. We can provide you with a free consultation about your case and help you get approved for benefits.
Contact us by calling toll free at 888-799-3918 or through our online contact form.

Find Your Trigger for Indigestion

Sat, 10 Mar 2012 08:00:00 EST

Indigestion is a common illness that many people experience on a daily basis. Many choose to ignore the symptoms especially when they are used to the feelings of discomfort. Indigestion that is chronic can lead to an increased amount of work call-offs when individuals feel too uncomfortable with nausea or bloating to work properly. They will attribute their symptoms to other conditions and fail to seek medical attention.
While those experiencing dyspepsia often continue to work and live a functional life, the amount of call-offs from work can tarnish their work reputation. While indigestion may allow you to work and do what you do while living with the uncomfortable symptoms, it is important to receive a proper diagnosis in the event there is a more serious underlying cause of the upset stomach, bloating, and nausea.
These underlying conditions can be serious and produce severe consequences if left untreated or treated improperly. Psychiatric illnesses, gallstones, gastrointestinal disease, and dairy intolerance are just some of the conditions that would trigger dyspepsia and would require further treatment outside of treating indigestion.
If you suffer from chronic indigestion, it is best to get a proper diagnosis. It may be necessary to provide medical proof of your frequent absences on the job or you may be terminated for too much missed work.
If you suffer from a debilitating disease that triggers chronic dyspepsia, you may need to file for Social Security benefits. You can consult for free with our experienced legal team by calling 888-799-3918 or use our online contact form for more information.

Preventing Human Mistakes Still Key in Safer Construction Work

Sat, 10 Mar 2012 08:00:00 EST

Our legal team is well aware of the dangers and consequences of a construction job gone wrong. Not only do we interact with the injured construction workers regular, we also have to face the headlines when another fatal construction accident occurs.
It does appear recent changes in the safety requirements for New York construction sites are having a positive effect on the industry. Education and prevention techniques are helping workers keep construction sites safer than in the past. This is obviously good news for all involved as it truly is a team effort to keep New York Construction sites safe.
It is interesting the decision to ban smoking on construction sites has been thrown into the mix but it appears it is just another layer of safety being added to the sites. Non-smokers will benefit from not being exposed to the second-hand smoke concerns and smokers may even be forced to cut down on how much they smoke throughout a work day.
In order for the continued safety measures to be effective, everyone in the industry will need to be taught their responsibilities and its importance related to safety in the workplace. A good morale on the construction site will be necessary to keep workers watching out for their peers. Management will need to be sure they are not cutting corners when it comes to safety standards and where it concerns the workers’ satisfaction with their jobs.
Construction accidents often occur due to human errors. If you have been injured in a construction site accident, speak to our legal team about a workers compensation claim to help you recover from your injuries. You can contact us toll free at 888-799-3918 or use our online contact form for more information.

Maintenance Workers Blamed for Fatal NYC Elevator Accident

Fri, 09 Mar 2012 08:00:00 EST

NYC maintenance workers are now being blamed for an accident that happened in a Manhattan office building this past December. On December 14, 2011 Suzanne Hart, a 41 year old business woman, was walking onto the elevator in her Madison Avenue workplace when it began to go up. Hart was not all the way on the elevator when it began to move upwards with the doors open, leaving Hart lodged between the elevator and the shaft wall. The woman was dragged 20 feet upwards before the elevator came to a stop. Hart was pronounced dead at the scene.
Reports have shown through investigations done by the city’s Department of Investigation and the Department of Buildings, worked performed by the maintenance workers on the elevator earlier that day was to blame for the accident. The investigation concluded maintenance on the elevator resulted in the safety circuit being shut down while work was being performed. The safety feature prevented the elevator from rising up with the doors still open but was overridden by the maintenance team.
The district attorney will receive the results of the investigation. Possible prosecution against the workers will be considered for Hart’s death. Transel Elevator, Inc was the employer of the maintenance workers at the time of the accident.

Efforts Working to Make It Safer for NY Construction Workers

Fri, 09 Mar 2012 08:00:00 EST

Construction sites around NYC are now increasingly becoming safer for the workers due to the new safety rules that were put into effect in 2008 by the New York City Department of Buildings. There has been an 18 percent drop in construction accidents in New York City in 2011 from 2010 according to Mayor Bloomberg. The accidents decreased from 157 to 128 in one year. The number of injuries also dropped from 165 to 152 from 2010 to 2011 as well.
Many people may think this decrease is due to construction contracts decreasing but doesn’t appear to be the case. In fact the amount of construction jobs and permits have increased 7.7 percent in 2011. In 2010 a total of 80,675 construction permits were doled out. In 2011 there were 86,895 construction permits made available.
Mayor Bloomberg said the people involved have done a great job making construction sites safer for the workers while making it easier for businesses to create jobs and get projects. This is a great accomplishment for the city but there must be a continued focus on the security and safety of the construction workers.
In a continued effort to keep construction sites safe for all workers, the Department of Buildings is requiring smoking be banned from construction sites. A construction site team was created to inspect sites all around the city, and a safety campaign was launched to teach construction workers how to use safety equipment properly at all times. All parties involved in the safety awareness campaign are hopeful the number of accidents and fatalities on construction sites in New York will continue to decline.

Many Fatal Accidents Still Due to Human Error

Fri, 09 Mar 2012 08:00:00 EST

According to the Consumer Product Safety Commission and the U.S. Bureau of Labor Statistics’ elevators injure about 17,000 people and kill about 30 people every year. It may seem like a far-fetched chance it could happen to you but anyone riding in an elevator is susceptible to accidents and injury.
In the case of Suzanne Hart, who was killed right before Christmas while boarding a recently repaired elevator in her work building, it was those on the job found to be at fault. She unknowingly stepped into an elevator where the safety mechanism to prevent accidents was essentially switched off and led to Hart’s tragic death as soon as she tried to board the elevator.
The maintenance staff, which had repaired the elevator that day, was found to be the cause of the fatal elevator accident. Whether they made a genuine mistake or where not paying attention to the job at hand, the maintenance crew failed to reactivate a vital safety mechanism which was turned off for work to be performed. The investigation did not reveal detailed events in the case but ultimately it was decided the workers were at fault.
This is an ideal reminder to all employees, especially those charged with the task of keeping the public at large safe. Had the maintenance workers reactivated the safety mechanism, Ms. Hart would not have been fatally dragged by the elevator. Every day there are incidents related to workers not paying attention on the job, showing up to work under the influence, or perhaps some that just don’t care enough to do their job correctly. Of course it is possible the incident was an accident, an oversight. But the case highlights the importance of doing your job correctly.
If you have been injured on the job due to the mistakes of others, contact our office about your possible claim for workers compensation. You can reach us toll free at 888-799-3918 or through our online contact form.

Is Your Employer Protecting Your Lungs?

Sat, 03 Mar 2012 08:00:00 EST

When you work in an environment that contains dust and allergens that are potentially toxic to your health, you may not even realize the health consequences that will show up down the road. This is especially true if your employer is neglecting the responsibility to provide the proper equipment to keep you from breathing in such hazardous dust and debris.

Many jobs that involved direct contact with dust such as in the building industry also requires workers are protected with breathing masks and properly ventilated areas. If employers are ignoring the health risks of contaminated dust, you may pay the ultimate price. Lung disease is a common development for those working in and around hazardous materials when the dust and fumes are inhaled regularly such as the case with coal miners and black lung.

While many employers are very careful about toxic dusts and protecting workers, many workers also have a responsibility to ensure they properly wear the equipment provided. Many workers that have been on the job for a lot of years may dismiss the importance of protecting their health and will choose to not wear the proper equipment. For this reason it is important for management to provide training seminars and education that reinforce the work environment hazards and the importance of protective equipment.

It is important to keep up to date on the safety risks on the job and pay attention in the safety training seminars. If you are working in an area with a lot of dust and are unsure whether it contains toxins affecting your lungs and overall health, you must wear the proper protection and monitor your health with your medical provider.

If you have already been diagnosed with a lung disease or a chronic respiratory illness and suspect it is due to your work environment, contact our office for a free consultation. You can reach us toll free at 888-799-3918 or use our online contact form for more information.

How Involved Are You in Hazard Prevention on the Job?

Sat, 03 Mar 2012 08:00:00 EST

Many workers are injured on the job every day and employers are starting to ramp up their preventative measures to avoid costly lawsuits and loss time from work. OSHA promotes health and safety programs meant to prevent hazards in the workplace. These programs are designed to identify on the job hazards and formulate a plan for dealing with them in a proactive manner. Such programs have been determined to be instrumental in reducing the amount of injuries and fatalities to workers.

While your employer may be taking the steps to establish regular training, it is important that as an employee you become an active participant in the activity. Otherwise, you are putting yourself and your co-workers at risk for injury when you fail to pay attention. Many employees, especially those on the job for an extended time, do not take training seriously, especially if they feel they have heard it all before.

Avoiding the learning aspect of the same job you’ve been doing can prove to be detrimental. It is vital that all of the workforce stays involved and actively participates in training to stay on the same page. Without the involvement of everyone, the programs will not be effective.

It is important to take training and on the job education seriously. With the reliance of co-workers to react appropriately in a crisis situation, you must be fully to prepared to help if something happens just as you would rely on your co-workers to help you if you were injured on the job. There is vital information to be learned especially during health and safety prevention programs and companies are not putting them together for fun. They are coordinating programs because they have proven to be effective at reducing injury and illness caused by work incidents.

Don't Ignore the Pain of a Hand Fracture

Sat, 03 Mar 2012 08:00:00 EST

Many workers use their hands daily on the job to do work of a laborious nature. As a result our hands bear the brunt of the hard, physical work and we often hear of injuries sustained as a result of that tough work. Hand fractures are very common in the workplace and can result without the worker realizing it. Some injured employees will continue to work through the pain of a hand fracture and not seek the proper medical attention they need to heal. As a result, fractured bones cause more serious complications and likely chronic pain.

Hand fractures on the job result in a number of ways. Getting your hand crushed by a heavy object, hitting your hand on a hard surface, or after a slip and fall in the workplace. The pain may not be at first noticeable especially for those used to bumps and bangs of their hands and fingers but over time a fractured bone that doesn’t heal properly can cause pain and even disfigurement. Many hand fractures may also result in the inability to use your fingers properly.

It is important to have your hand looked at by a doctor if you suffer any direct trauma to your hand that is out of the ordinary. You will likely need x-rays to check for fractures and brakes and the doctor will decide on the best course of treatment to make sure your bones heal correctly. If you are an older worker, it is especially important to have the proper medical diagnosis and treatment because as we age, our bones do not heal as they might have in our youth.

Don’t ignore trauma to your hand, even if you think the pain is bearable. Working with an untreated fracture can cause you a lot of problems in the near future. If you have fractured your hand on the job, contact our office for a free consultation by calling us toll free at 888-799-3918 or by using our online contact form for more information.

Loss of Hand Mobility Can Put You Out of Work

Sat, 03 Mar 2012 08:00:00 EST

Hand fractures are said to be the most common injury to hands a person experiences. There are few jobs that do not require the use of our hands to get the job done so if you ignore warning signs of a hand injury, you may putting yourself out of a job in the long run.

Hand injuries can trigger the immobility of your fingers and you are not only looking at the incapability to work, you are also setting yourself up for hurting yourself or others on the job when your fingers and hands can no longer be trusted. This is a scary proposition for everyone on the job who is at risk because you ignored an injury.

If your hands are not in good condition to do the job, you may start making mistakes that are critical to workplace safety such as being unable to grip something you are lifting. This can cause a domino effect that can injure other workers in addition to injuring yourself even more.

Even jobs that are seemingly ‘safe’ such as office work can complicate the health of the hand as in the case of carpal tunnel syndrome. Typing, filing, and other repetitive motion work can cause you to lose the ability to control your hand and fingers making it more likely you will injure yourself in some other way.

The best thing you can do for you and your co-workers safety is to not ignore signs something is wrong with your hand. Whether it is as serious as a hand fracture or as complicated as carpal tunnel syndrome, it is important to get a proper diagnosis and treatment so you can continue to work safely and for as many years as you’d like.

If you have sustained a hand injury on the job, contact our office to protect your rights to workers compensation benefits. You can reach our office toll free at 888-799-3918 or by using our online contact form.

Target Employee Busted for Staging Workers Comp Fraud Scheme

Sat, 03 Mar 2012 08:00:00 EST

A New Jersey employee of Target was arrested for workers compensation fraud despite her great attempts to stage the perfect crime. Victoria Colon went to great lengths to fake an on the job injury including loosening a shelf so merchandise would fall on her, running herself over with a shopping cart full of items, hitting her own face with a pack of batteries, and vomiting her snack all over the floor.

Despite her measured calculations to pull off the perfect scheme, the 28 year old Union City resident forgot one small detail – the security cameras in the store recording every last detail of her elaborate plot. The 10 minute video captured all of Colon’s antics and now may hold the key to putting her in prison for up to 10 years if she is convicted for her fraud.

Colon was employed in the customer service area of the North Bergen Target where the incidents took place. She claimed that on June 2 she was carried a box when it hit a shelf and triggered other merchandise to fall on her, striking her in the head, back, and neck. The store was quick to react and launched an investigation, starting with the video tape after Colon filed for workers compensation benefits.

Ultimately, Colon received no benefits and was arrested on January 17 for the fraud attempts. She is currently out on bail and it will be several more months until her case goes to trial.

Target Employee Busted for Staging Workers Comp Fraud Scheme

Thu, 01 Mar 2012 08:00:00 EST

New York Workers Compensation Surcharge Rated Highest in the US

Wed, 29 Feb 2012 08:00:00 EST

The New York workers compensation costs are now rated the highest in the country thanks to a surcharge that has been added. The surcharge is about five times the cost of the average charge other states are using.

Thirty-two state currently impose such changes on the cost of workers compensation and the average stands at 4.2%. New York’s surcharge is currently at 20.2%. The second highest surcharge is in Minnesota which is still only at 8.9% comparatively.

The Workers Compensation Policy Institute stated its concern about the high increase and expressed worry for the employers that will struggle with this added tax burden. It is common for states to fund the workers compensation system using assessments of the premiums paid by employers. A new 2 percent cap on property tax could end up hurting the state if a high number of claims are filed this year. The budgets could be hit hard and municipalities may struggle to raise revenue necessary. Right now city claims are estimated to be small and the costs for workers compensation are not directly responsible for budget gaps hurting the state’s municipalities.

Queens Worker Injured in Middle Village Cemetery Fall

Fri, 24 Feb 2012 08:00:00 EST

Raimundo Rodriguez, a 49-year-old worker with All Faiths Cemetery in Middle Village, was injured in a fall on Monday, February 6^th. Rodriguez was on the job around 12:50 PM when he fell into a 6-foot open grave on the site. According to reports, three additional workers fell into the grave on top of Rodriguez, who sustained a broken ankle in the fall.

Apparently the crew had been working on removing the casket-lowering machine from the grave when the fall took place. The workers tumbled in while attempting to remove the machine, and they landed on the casket. Rodriguez said that "The plank broke and we fell with it. One of my co-workers fell on my foot. That's what did it." Rodriguez was transferred to the Elmhurst Hospital Center ER for his injuries.

Although many people might be frightened by the prospect of finding themselves suddenly at the bottom of a 6-foot grave, Rodriguez said that was not his main concern. Rodriguez, a 25-year employee of All Faiths Cemetery, stated that "The grave didn't bother me. What bothered me is that I fell in a hole."

The Queens workers’ compensation lawyers with Markhoff & Mittman, PC extend our best wishes to Mr. Rodriguez and his family. We hope that he is able to experience a full and speedy recover from his broken ankle.

Accidents can happen at work at any time, and you may have rights to compensation if you are injured on the job in New York. To learn more about your rights, speak with one of our experienced and respected New York disability lawyers or workers' compensation attorneys today.

Falls At Work Can Cause Broken Patellas

Fri, 24 Feb 2012 08:00:00 EST

Falls at work are common. Slippery work floors or trips over objects can result in a fall that lands you directly on your knees. It is this direct contact that can result in the fracture or break of your patella. Your kneecap is an essential part of your ability to bend and straighten your leg. During a fall, the direct impact on your kneecap can cause trauma and serious pain, leaving you unable to continue working your regular duties.

In addition to everyday falls, you can suffer other kinds of direct trauma to the knee similar to falls. This direct trauma can occur when you bang your knee into a filing cabinet or when it is hit into a shelving unit. Any kind of direct impact can result in fractures and breaks to the bone or to the surrounding tendons and ligaments.

Many of these slips and falls at work can be the result of negligence on the part of management or a co-worker. In environments where slippery floors are common, there needs to be safety measures in place such as spill cleanup procedures and warning signs. Without such safety protocol, unexpected falls can lead to broken kneecaps and loss of time at work.

If you have fallen at work, you may not experience pain right away. It can take a day or more to see swelling and feel pain associated with your knee injury. If the pain is sudden and acute, you may have a break or fracture that needs medical intervention right away. Surgery may be required but a break or fracture may require a brace or a cast to promote healing.

Your loss of mobility after a fall can make it impossible to return to work until your kneecap has healed. This will mean a loss of wages that you need to cover medical expenses. It is important to speak with a qualified attorney about a potential workers compensation claim. Contact our office toll free at 888-799-3918 or use our online contact form for further information.

Manual Labor Jobs Can Bring On Worn Out Knees

Fri, 24 Feb 2012 08:00:00 EST

Manual labor jobs have the potential to cause a lot of medical conditions due to the nature of the work. There are many types of work that require manual labor and depending on your job duties you can be progressively developing medical conditions that may not show up for years to come.

When it comes to manual labor and your knees, there are a number of ways you can sustain injury. A common way is during heavy lifting duties, especially over a long period of time and when heavy lifting procedures are not followed. Falls are also common in the workplace and can cause extensive knee damage to the tendons, ligament, and bone. Banging your knee on work equipment while performing manual labor t is also responsible for many on the job knee injuries workers incur.

It is vital that you protect your knees especially while on the job. While accidents are often not preventable, it is important pay attention when you are on the job and follow the protocol for performing your job tasks. You should also insure you have the right equipment to get the job done. For instance, if you have to kneel to do any of your work such as with carpenters and landscapers, it is important to have proper knee protectors to help prevent damage to your knees and patella.

If your employer is not willing to provide this type of protection or does not offer proper training for performing manual labor tasks, you are at risk for an on the job knee injury. If you do experience a knee injury or have swelling and pain around your knee, it is important to speak with a doctor as soon as possible so you can get a proper diagnosis. You should also protect your rights in a workers compensation claim by contacting our office toll free at 888-799-3918 or through our online contact form.

Trauma From Workplace Accident Is Real

Fri, 24 Feb 2012 08:00:00 EST

In the recent news headline where 60 foot metal beams fell from a broken crane at the World Trade Center site, the crane operator required medical attention from the trauma of witnessing the beam fall, mistakenly thinking someone had been killed.

Luckily no one was hurt during the on the job accident but the crane operator still needed to be treated for the trauma. This is not uncommon. Many bystanders that witness accidents on the job find it difficult to deal with the emotions they experience watching a coworker get hurt or killed in the workplace. While the bystander may not have suffered any physical injuries, the mental damage done can be just as devastating.

Consider the emotional toll soldiers take during battle. Seeing others they know and are often close to be injured or killed can have long lasting consequences and require medical intervention. It may include short or long-term treatment for depression and other mental health issues. This depression and even feelings of guilt over an accident can make a personal unable to return to work and their normal job duties.

Post-traumatic stress can also lead to chronic health conditions as the stress takes a physical toll on the body. This can lead to a number of problems like ulcers, hair loss, and anxiety. If the root of the problem is not dealt with, the medical conditions can continue to worsen.

If you have been involved in an accident on the job that is the fault of someone else, it is important to seek immediate medical treatment and to speak with a qualified workers compensation attorney. Contact our office toll free at 888-799-3918 or fill out our online contact form for more information.

Emphysema: Can You Get Disability Payments?

Fri, 24 Feb 2012 08:00:00 EST

The recent case of the former firefighter who was awarded disability benefits for a lung problem likely caused by smoking and not his job is unusual but brings to light the condition of emphysema. Emphysema is a chronic disease where the lungs are obstructed, making breathing very difficult. Tobacco smoke is the main cause of this condition but it can also be the result of inhaling toxins in the air.

If you have worked in an environment where toxic chemicals are involved, you can develop emphysema. You will experience shortness of breath and may hyperventilate regularly. Oxygen may be necessary to help your breathe. Emphysema will also require ongoing, long-term medical treatment.

There is no cure for emphysema. It is a degenerative medical condition that can be treated. In addition to oxygen treatments, medication can assist in coping with the symptoms. In some cases, surgery can help improve the breathing of patients with more advanced stages of emphysema.

In order to receive Social Security disability benefits for emphysema, the Administration will look at the limitations the person suffers due to the condition and not the actual medical diagnosis. If you are unable to work anymore due to breathing difficulties, you may be able to receive benefit payments from Social Security for your condition.

Breathing conditions are nothing to ignore. You should have a thorough examination by your doctor for a prompt diagnosis. Since emphysema is a progressive disease, it will only get worse. Seek the help of your medical provider and speak to an experienced attorney before filing a claim for Social Security disability benefits.

Contact our office toll free at 888-799-3918 or use our online contact form to get more information.

A Return to Work Too Early Can Be Damaging to Your Knees

Fri, 24 Feb 2012 08:00:00 EST

If you have injured your knees while at work, returning too early can bring about serious ongoing and untreatable medical conditions that can put you out of work permanently. Knee injuries are often treatable but can get worse if you do not get treatment as soon as possible. Most knee damage is reversible but only if you get the proper amount of rest and keep your weight off the injured area.

If you have hurt your knee at work, it is important you follow the doctor’s orders and stay home until you have healed. Otherwise you may be risking further damage to the parts of your knee including the tendon and the ligaments. If you return to work in a hurry, even light duty work can cause damage. You should consider filing your workers compensation claim for knee injuries at work so you can get the rest you need and still be able to pay your bills.

Many people will attempt to work through the pain but only aggravate the situation. You should never try to self-treat your knee injury as you could cause more damage. It is always in your best interest to visit a doctor and get the proper treatment to deal with the pain and the after effects of your injury.

Filing a claim for a knee injury occurring on the job can be complicated so it is wise to consult with an experienced attorney first. We offer a free consultation to discuss your injuries and your workers compensation case to ensure you get what you need. Don’t return to work in a hurry if you are facing knee injuries and the potential for ongoing, chronic pain.

You can schedule a free consultation by calling us toll free at 888-799-3918 or by completing our online contact form for more information. Protect your knees and your rights to compensation benefits for injuries on the job.

Cigarette Smoker With Breathing Problems Gets Disability

Thu, 23 Feb 2012 08:00:00 EST

A former firefighter has been awarded disability for breathing problems despite being a smoker. After fourteen years as a city firefighter, Mike Enright was involved in a drunk driving incident and was arrested for crashing into a video store. After the arrest, Enright was in jeopardy of losing his city job and did not have enough time on the job to retire.

Enright then filed for disability, citing obstructive lung disease. He is a pack-a-day cigarette smoker and suffers from emphysema. He attended court to try and reinstate his driver’s license so he could continue working with the fire department and on a construction job he did with another fire fighter who was chairman of the pension board. At the time, Enright offered letters from medical professionals on different occasions that cited his breathing problems stemmed from smoking. He lost that case.

In 2006, Enright filed for workers compensation on the basis of pulmonary damage after serving as a firefighter. The city fought back, alleging the condition was not work-related but still settled the case for $29,206. Enright also received $5,166 from a second-injury fund. A month after the case was settled, the pension board, including his former construction buddy, voted to give him service-related disability retirement at the annual rate of $44,322 which is tax-free. Enright has since opened a restaurant in St. Louis which has already been named as Best Neighborhood Restaurant in 2011.

Work Resumes After Metal Beam Falls At Ground Zero

Wed, 22 Feb 2012 08:00:00 EST

Ground Zero suffered another incident when metal beams fell 40 stories from a crane during construction on the site. Work had to stop after a cable snapped on the crane lifting the beams, sending the metal freefalling onto a flatbed truck.

Tishman Construction Corporation, the company working on the site has stated no one was hurt in the incident but work had been partially shut down during the investigation. Workers on the site have reported that the fallen beams were 60 feet long and sent everyone ‘yelling and running’ on the site.

The construction taking place on the former World Trade Center site is to construct the new Tower 4 building and work is expected to resume by Friday after city inspectors and other agencies have investigated what happened.

Port Authority representatives have said the incident has negatively impacted the work and its schedule but noted that the site has the best safeguards for worker safety in the world. They went on to state that ‘accidents happen’ and everyone is glad there were no injuries reported.

The crane operator was checked out by medical personnel at the scene due to the traumatic experience that occurred. The operator believed someone had died when the beams fell even though the cable on the crane broke during operation. The area where the incident occurred is not accessible to the public.

Brooklyn Workers Injured in Falling Concrete Accident at Work

Mon, 20 Feb 2012 08:00:00 EST

On Tuesday, January 31^st, two New York workers were injured while part of a Fox Industries construction crew. The crew had been working for the MTA as part of the Culver Viaduct rehabilitation project in Caroll Gardens. They were working in Smith-9^th Sts. Station when the accident took place, around 11:30 AM.

According to reports, the construction crew had been removing concrete from the station as part of the job. One slab of concrete fell during this work, and a 26-year-old worker sustained a head injury in the ordeal. An additional construction worker sustained an arm injury from the same concrete slab incident.

Both workers who were injured in this on-the-job accident were transferred to Lutheran Medical Center. The worker who sustained the head injury was reported to be in critical condition at the time of this news report. The condition of the other worker who sustained an arm injury was unknown. Officials have not yet released the names of either worker.

The work at the Smith-9^th Sts. Station is part of a rehabilitation project planned to span over 4 years. The project is scheduled to be complete in early 2013.

The Brooklyn workers' compensation lawyers with Markhoff & Mittman, PC send our best wishes for a speedy recovery to both workers injured in this concrete accident. At Markhoff & Mittman, PC, we take pride in serving injured and disabled workers in New York, and we look forward to speaking with you about any New York workers' compensation or Social Security disability questions you may have.

New York Workers' Compensation Lawyers and Winter Driving Accidents

Mon, 20 Feb 2012 08:00:00 EST

As New York workers’ compensation lawyers, we’d like to take a moment to remind those of you who have to be on the road for work to take a little extra time when the weather gets bad. Beyond driving slow, giving yourself extra distance to stop, and staying off the road when possible, there are a few more measures you should consider making part of your winter-weather routine:

Check your tire pressure and inspect your tires regularly. Temperature changes and rough or covered roadways can take a toll on the safety of your tires. Make it a habit to check your tires at least once every few weeks in the winter.

Have your vehicle serviced and tested for safety each winter. A brake failure, broken wiper blade, or dead battery may be extra dangerous in the winter, when cold temperatures and hazardous roads make wrecks and roadside accidents more likely.

Give yourself time to clear snow and ice from your vehicle. We’ve probably all done it at least once – you’re running late and only clear the driver’s side of the front windshield. Driving with limited visibility and no mirrors is extremely dangerous. Be sure to take the time to clear all windows and mirrors before driving.

Carry a cell phone. Never use your cell phone while driving, but do carry a phone with you in case of emergency.

If you have been injured in a work-related driving accident, speak with one of our expert New York workers’ compensation lawyers today at 914-946-1452 or 1-866-205-2415. We’d be happy to answer your questions and explain your rights in a completely FREE, no-obligation legal consultation.

Two Long Island Workers Injured in Marina Fire

Fri, 17 Feb 2012 08:00:00 EST

Two workers were injured at work in New York in a devastating Long Island fire on Wednesday, February 1^st. The fire started at a marina while a dry-docked boat was being serviced. Apparently, although it is unclear exactly what happened, as workers removed the fuel tank from the boat, it sparked a fire that ended up ravaging the Freeport marina.

Two workers suffered burn injuries in the blaze, which took place around 4:00 PM that afternoon, and both have been hospitalized for the injuries they sustained. Fortunately, neither worker is thought to have sustained life-threatening injuries, although the extent of the injuries is unknown.

Sixteen boats were completely lost in the marina fire, and it took two hours to contain the fire. Eight fire departments sent firefighters to assist, with over 200 working at the site in total. No other injuries were reported.

The Long Island workers' compensation lawyers with Markhoff & Mittman, PC hope both injured New York workers recover quickly from their injuries. Fires and explosions are some of the most unpredictable and damaging on-the-job accidents, and we are relieved to hear that injuries were not thought to be life-threatening.

Accidents can happen without warning. If you have been injured at work in New York, you may have the right to compensation for your medical treatment, lost wages, and other expenses. Speak with us today in a completely free consultation with any questions you may have about your rights to New York workers' compensation benefits.

Prevention Tips to Avoid Water on the Knee

Fri, 17 Feb 2012 08:00:00 EST

Water on the knee is a common medical condition affecting the knee that can be the result of a traumatic injury or an underlying medical condition. While some knee injuries or conditions are not entirely avoidable, it is possible to prevent this condition from occurring.

Regular checkups with your doctor when you have a chronic health problem such as rheumatoid arthritis or gout can keep fluid from developing in your knee. Avoiding regular medical evaluations often allow existing problems to worsen. It is important to follow the medical advice of your doctor and get rest when needed to promote healing.

In addition to working with your doctor, you also need to keep tabs on your physical health by exercising and working to keep your muscles strong. When your muscles are not as strong as they should be, physical therapy may be recommended so other muscles can work together and support the function of the knee.

It is also important to take care of your knees by avoiding activities that can cause knee injuries and by wearing proper protection like a knee brace to support and protect your knee when you are being active. Losing weight and exercising regularly can take the pressure off of your knee joints and relieve pressure and subsequent pain.

Safety training is important for those on the job that are susceptible to knee injuries including proper techniques for heavy lifting and other manual labor. Without these proper training sessions, it can be easy to injure your knees and other joints with a wrong move that can leave you unable to continue working.

If you have suffered a traumatic injury to your knee, it is important to seek medical attention. Workers compensation claims may be part of your situation so consult with our experienced legal team for help with your case. You can reach us toll free at 888-799-3918 or by using our online contact form.

Workers Comp Fraud – NY Man Arrested

Thu, 16 Feb 2012 08:00:00 EST

A crackdown on workers compensation fraud has led to the arrest of 18 people in the state of New York. An investigation conducted by the State Department of Financial Services in an effort to cut down on the expensive incidents of fraud.

John Czechowski was found to have collected $12,000 from the New York State Insurance Fund after being classed as totally disabled after suffering a back injury while working as a roofer. Czechowski was discovered to be working off the record for a contracting company while collecting those disability benefits.

In addition to the Czechowski case, other individuals were investigated and found to be working after they were approved for and collected disability benefits. Others were found to have faked injuries so they could collect payments for disabilities. One woman was found to have been cashing checks that were issues to her deceased husband.

Investigations like the one recently completed in New York are in part to cut down on the cost of workers compensation costs for employers that are skyrocketing due to fraud. Investigators are reinforcing the seriousness of the crime of workers compensation fraud and how it affects consumers and employers all over New York. Insurance premiums for workers comp keep going up as more money is lost in fraud.

The arrest of 18 individuals were the result of multiple investigations led by the Department of Financial Services in cooperation with Office of the Inspector General of the New York State Workers Compensation Board, the New York State Insurance Fund, as well as other insurance providers.

To date all of the accused of are innocent of the charges until they are proven guilty.

Walmart Hit with $365,500 Worth of Fines for Safety Violations

Thu, 16 Feb 2012 08:00:00 EST

OSHA has proposed fines upwards of $365,500 on Walmart for twenty-four violations related to health and safety standards occurring at its Rochester New York supercenter location. In addition to the Rochester location, OSHA says they have also issued fines on other stores across the country.

A safety complaint was filed with OSHA’s Buffalo NY office. This led to the investigation which yielded the discovery of serious hazards in the workplace in the Rochester location that were also occurring in other stores in the nation. OSHA deemed the situation as unacceptable and called for Walmart to take ‘effective and proactive steps to assess, correct, and prevent the recurrence of hazards at all of its locations’ according to a press release issued by OSHA.

Investigations that led to the fines consisted of fall hazards, exit routes that were obstructed, and no lockout procedures for energy sources that permit employees to perform maintenance on a compacter at the Rochester store in a safe manner. Rochester was also cited for confined-space hazards and incomplete training programs that cover situations when workers are exposed to bodily fluids such as blood.

Walmart locations in other states have been cited for similar hazards between 2008 and 2010. The current allegations require Walmart to comply with OSHAs standards within 15 days.

Walmart a Repeat Offender By OSHA Standards

Thu, 16 Feb 2012 08:00:00 EST

OSHA imposed thousands of dollars in fines that are the result of violations of safety standards on retail giant Walmart but the violations are not something new. Walmart has been cited for similar violations over the years and safety risks do not seem to be improving in some locations.

While the fines for the retailer may be a drop in the bucket, the hazards are serious business for the employees working in unhealthy, unsafe conditions. Lack of safety training can have serious consequences when something happens and co-workers do not know how to help themselves or their fellow people on the floor.

Another concern of OSHA investigators was the multiple fall hazards found in the workplace. As falls are a leading cause of workplace injuries and on the job deaths, these allegations are serious concerns for workers when the citations go unrepaired.

OSHA issued citations for a lack of safety precautions and improper training for personal protective equipment. Specifically, Walmart locations were found to have failed at providing proper eyewear and face protection in addition to lacking safety training exercises.

These neglectful issues by Walmart or any employer can be devastating if you should be injured or even killed while on the job. An employer often tries cutting corners to save on expenses by cutting out important health and safety measures. Employees are often too scared to say anything when they know what is wrong on the job and many will keep their mouth shut in order to keep their jobs.

If you have been hurt at work due to the negligence of your employer, contact our offices today for a free evaluation of your workers compensation claim. You can reach us toll free at 888-799-3918 or by using our online contact form.

Rest Up With a Knee Injury

Thu, 16 Feb 2012 08:00:00 EST

Knee pain is typically a signal that something has gone wrong in the joint. For some people, pain will worsen over time while others will experience sharp pain immediately after the injury occurs. Whatever the problem is, rest is likely in order as a treatment.

The less weight you put on your knee, the more time you give it to heal. There are often recommendations from doctors that involve just resting the knee to get relief from the pain. Putting your leg up and using heat or ice will allow the muscles to relax and more blood to flow into the area and promote healing

If you have suffered a work-related knee injury, it can be tempting to go back to work without the proper rest. Doing so can cause even bigger injuries and stronger pain so it is best to take the doctor’s advice and rest while you can. If you must move around, crutches are likely necessary to keep the weight off of your knee. Braces that stabilize the joint are also something to consider.

Never underestimate the power of rest. Your body can do a lot of healing on its own if given the opportunity. If you choose to return to work too soon after a knee injury, the possibility that you can re-injure your knee is strong. Once your knee is compromised, any slight movement can worsen the condition especially when a tear in the cartilage or ligament is present.

If you have suffered a tear in the ligament or menisci of the knee, it is important to get prompt medical attention and follow the advice of your doctor. Contact our legal team for advice on filing a worker’s compensation claim for your work-related knee injury by calling us toll free at 888-799-3918 or using our online contact form.

Walmart a Repeat Offender By OSHA Standards

Thu, 16 Feb 2012 08:00:00 EST

Don't Delay in Getting Attention for Knee Pain

Wed, 15 Feb 2012 08:00:00 EST

Knee pain is not something to joke around with especially if it comes up suddenly. Small movements in the wrong direction can hurt and be a sign that something is seriously amiss in your knee joint. It is important that you seek proper medical attention to prevent a worse condition from developing.

Many times people will wait too long to seek medical attention and try to avoid a doctor appointment. But delaying treatment can mean other conditions can develop and chronic pain can make it difficult or even impossible to function.

Work-related knee injuries are common especially in manual labor jobs where heavy lifting is involved or being on your feet for long periods of time is required. These jobs can cause stress on the knees that damage cartilage and can lead to chronic conditions affecting your ability to walk and resume normal work activities.

Once an injury has occurred, rest and treatment is required to promote the healing. Without that proper rest, it is possible to reinjure the knee and potentially even tear the cartilage and ligaments in the knee. This further damage can necessitate surgery and put you out of work and income for an extended period of time.

Even if you haven’t injured your knee and start experiencing pain in the joint, you should seek medical attention to diagnose chronic medical conditions that can limit your ability to work. Arthritis and tendonitis can produce chronic pain and make it difficult for you to walk and sustain your work life.

If you have hurt your knee at work or have developed chronic knee conditions that have left you unable to work, you need the guidance of an experienced attorney before moving forward. Contact our legal team toll free at 888-799-3918 or use our online contact form for more information.

Workers Comp Investigations Still Netting Fraud Arrests

Wed, 15 Feb 2012 08:00:00 EST

The recent arrest in New York of 18 individuals found to be committing fraud against their workers compensation claims are just another example of how rampant fraud is in the system.

Many of the people arrested as part of the investigation were found to be collecting workers compensation benefits while continuing to maintain a job under the table with another company. People committing such fraudulent crimes are not getting away with a couple of bucks either. They are getting away with thousands of dollars of monies that are hurting the working world in general.

Employers are finding it harder to pay the rising workers compensation premiums that are riding on the tail of each fraudulent action. In some cases, workers compensation insurance is so high employers can’t afford it and therefore they decide not to maintain it. Unfortunately, the employers then end up paying the price when busted for not having appropriate workers compensation insurance coverage.

It is a vicious cycle in the working world and it appears that the NY Workers Compensation Board is getting more aggressive with the fraudulent incidents so employers and workers will both benefit.

Workers compensation insurance coverage is important, especially if you have been hurt on the job. Contact our legal team if you have been injured at work and are unsure of the workers compensation coverage of your employer. We can be reached toll free at 888-799-3918 or through our online contact form.

Criminal Investigation in Haverstraw Explosion that Injured Workers

Fri, 10 Feb 2012 08:00:00 EST

On Monday, January 16^th, 2012, a frightening work-related explosion took place in West Haverstraw when a gas line was struck. The explosion destroyed one home, and four workers were injured. The U.S. Occupational Safety and Health Administration are naturally investigating the explosion, but it has been reported that a criminal investigation is also underway.

The explosion occurred when workers from a Westchester-based contractor were installing Verizon’s new FiOS service in West Haverstraw. Officials from Orange and Rockland utilities say that the workers were digging and did not know the location of the underground gas lines.

Two firefighters from Haverstraw and two workers for Orange and Rockland Utilities were on the site when the explosion occurred. All four men were thrown back about 40 feet in the blast. Ken Patterson, a volunteer firefighter, suffered burn injuries and broken bones and was still at Westchester Medical Center at the time of this report. While their injuries are unknown, the other 3 workers had all been treated and released by Tuesday.

No information about the investigation is yet available, but many different authorities are involved both locally and federally. The investigations hope to uncover any threats to worker safety and determine if there was criminal wrongdoing in the case. There have been many concerns following the blast about how safety procedures were followed and any potential violations. Some residents of the area expressed concern about any further work while these issues remain unresolved.

The Westchester workers’ compensation layers with Markhoff & Mittman, PC extend our wishes for a speedy recovery to all 4 workers who were injured in this terrifying incident.

Carpet and Floor Installers at Greater Risk for Patella Damage

Fri, 10 Feb 2012 08:00:00 EST

The patella is an important element of our ability to move. There are several things that can affect the patella, also known as the kneecap, which can lead to serious injury an chronic pain. Consider the many occasions you have hit your kneecap just walking around your house and think about the excruciating pain that comes about after the strike. Now imagine how difficult it would be to go through work and normal living with pain like that on a regular basis.

While anyone is susceptible to knee injuries, those who work lower to the ground may be at higher risk for patella damage. Jobs like floor or carpet installers, gardeners, landscapers, and the like who often spend their days kneeling on the ground may be more inclined to suffer knee pain and injuries. A number of injuries can occur in these jobs such as kneeling on a nail or from the general wear and tear from moving around primarily on your knees.

There are a number of things that can go wrong with your knees no matter what kind of job you do. Again, hitting your kneecap on a drawer in the office or popping your knee out trying to lift heavy things can cause a lot of pain and require physical therapy or even surgery.

You certainly need your knees to be in good condition. If you are noticing more pain or difficulty in movement, you may be suffering the consequences of an injury or the degeneration of the knee’s cartilage. It is important to seek medical advice and undergo therapy or additional testing to ensure your knees will be able to do what you need them to do.

If you are employed as a floor installer or in any job that is particularly hard on your knees and experience an injury to your knee, it is important to ensure you are protecting your rights to workers compensation. Contact our experienced legal team at 888-799-3918 or by using our online contact form.

Normal Work Can Cause Chronic Knee Pain

Fri, 10 Feb 2012 08:00:00 EST

Our knees allow us to do a lot of things and remain flexible in our motions. Without our knees we would have a lot of difficulties sitting, standing, or kneeling. While our knees can withstand a lot, over time due to age and injury the cartilage begins to wear down and problems can begin. Many knee problems like arthritis and cartilage can bring on a lot of pain and swelling making it difficult to work or do any normal activities. Chronic knee pain can be difficult to manage and may end up requiring surgery. More importantly knee pain can put you out of work.

Knee pain can also be the result of injury. Workers involved in a lot of standing or heavy lifting in any industry are at risk for wrong moves that can jolt the knee and tear the cartilage. In some work-related injury cases, knee pain can grow over time after an injury. As soon as the pain becomes apparent, you should get yourself a prompt medical diagnosis. Likely an x-ray or MRI will be ordered to know what occurred.

Even if you do not work in a strenuous job, you can still develop chronic pain over time. Workers that must stand or walk on hard, concrete floors can eventually feel the effects in their knee especially as they get older and their knee cartilage starts to degenerate.

If you have started to feel knee pain while work but do not recall injuring your knee, it is important to seek medical attention as soon as possible. If you have injured your knee during work hours, it is important to protect your rights to possible workers compensation by contacting an experienced attorney. You can contact our office toll free at 888-799-3918 or use our online contact form for more information.

Knee Surgery Can Be Non-Evasive

Fri, 10 Feb 2012 08:00:00 EST

Not everyone is excited about having to undergo surgery no matter what their level of chronic pain is. When it comes to knee injuries and conditions, there are technological advances that make it possible to avoid evasive surgery and still help relieve knee pain and problems.

Arthroscopic surgery may be an alternative to larger scale surgery that will allow you to have your knee problems evaluated and repaired without putting you down and out for weeks. Arthroscopic surgery allows the doctors to see inside your knee, up close and personal which makes it more effective in a diagnosis. The surgeon also has the ability to insert small surgical instruments to repair damaged cartilage and provide relief for the chronic knee pain and swelling. This procedure can also make it possible to have a shorter recovery time so you don’t miss much work.

Understand that if you are battling knee problems and fail to seek medical assessment, you will be looking at a future filled with problems. Arthritis is common in the knee joint and can put you out of commission with disability concerns. Treat your knees right and deal with problems as soon as they arise so you can hopefully prevent surgeries and further injuries.

If you have injured your knees on the job, it is important you know your right for workers compensation. Contact our legal team toll free at 888-799-3918 or use our online contact form for more information.

Emergency Responders Face Deadly Risks Daily

Fri, 10 Feb 2012 08:00:00 EST

Emergency responders are indeed a special group of people who put others first, even when it means their own best interests are put second. In the case of the injured firefighter who nearly lost his life in a recent natural gas explosion, the injuries on the job were not enough to dissuade the worker from continuing to get the job done.

Emergency responders face hard decisions each day and work hard to save other people’s lives. Some responders are paid employees but many are volunteers that do not get paid for their efforts. There are however new regulations that allow for workers compensation benefits for volunteer workers including firefighters, ambulance personnel, and emergency responders.

Considering the risks these volunteers face with each incident they report to, injuries are highly possible and can occur from any number of factors including auto accidents, falls, and even violence from another person. It is not uncommon for people to act out when they are scared or in crisis mood and responders often get the brunt of that fear.

Workers compensation benefits for volunteers are crucial because many volunteers may not otherwise be able to afford the medical costs for treatment of their injuries on the job. These benefits also can include cash assistance to help injured volunteers in New York. Provided the injured volunteers are not found to be under the influence of drugs or alcohol at the time of the accident, workers compensation benefits are possible.

Being an emergency responder volunteer can sometimes be a thankless job and it takes a lot of dedication to stick with the job at hand. If you are a volunteer firefighter or other emergency responder and are injured in the line of duty, you should contact an experienced legal professional to help you with your case. You can schedule a free consultation by calling us toll free 877-799-3918 or using our online contact form.

US Jobs Loss to Overseas May Be a Deadly Place to Work

Fri, 10 Feb 2012 08:00:00 EST

With so many American jobs being lost to other countries, there are a lot of bitter feelings towards companies that do not keep jobs in the US. In addition to the initial loss of work on American soil, there is insult added to injury when stories of sweatshop working conditions among contractors with major US companies like Apple surface in the headlines.

It was nearly six years ago that a newspaper profiled the terrible working conditions surrounding subcontractor factories assembling products for Apple. Workers were living and working in such squalid condition that they were incurring serious injuries and even dying on the job. Injuries and deaths were occurring at an alarming rate and newspapers were reporting the lack of action on the part of Apple.

While Apple is a huge, well-known corporation, it is likely not the only one turning a blind eye to unhealthy work environments even in our own country or state. With a shaky economy, employers are looking to cut costs and some of those cuts may to the safety and health standards of their workplace. Cutting costs may mean skimping on safety measures and treating workers unfairly just to earn a profit.

This is not an uncommon situation and you don’t have to travel to China to see it happen. Many work-related injuries are caused by employer neglect including failure to employ adequate staff, failure to train staff, and failure to provide updated protective equipment. Even small cuts to safety measures in a workplace can lead to serious accidents and even fatalities on the job.

If you have suffered an injury on the job due to your employer’s neglect or unhealthy working conditions, you need the guidance of an experienced legal team. You can get a free consultation with our experts by calling us toll free 888-799-3918 or use our online contact form for more information.

Apple Still Rotten After Sweatshop Scandal?

Thu, 09 Feb 2012 08:00:00 EST

Apple has not been able to overcome a scandal at its iPod factories in China even though it happened six years ago. The Mail on Sunday news outlet was the first to expose the situation involving workers that were being injured and dying in terrible accidents on the job.

The workers were reported to have been working morning to night for low wages in work environments that were considered sweatshop-like. The New York Times has reopen the allegations after Apple promised to improve their work safety record in the subcontracted facilities and change their work practices overseas. Inspectors for Apple demanded improved conditions but sources say nothing has been really been done and the company is only interested in profits.

Workers in the China factories were reported to work 15 hours a day and do push ups as punishments for mistakes. They had to sleep in dorms and earned drastically low monthly wages but paychecks were also held as punishments. Hazardous waste was also disposed of improperly. A reported 100 workers in the factories have been burned and injured by exposure to toxic chemicals.

The factory employed workers to assemble iPads and iPhones were working so much overtime they experienced swelling in their legs after standing so long they could barely walk. In a period of seven months there were two explosions at iPad factories which killed four people and injured 77 other workers. One of the victims was reported to have been burned over 90% of his body. Other reported job hazards involved the suicides of at least 18 workers with a contractor called Foxconn. One worker either jumped or fell from a building after he lost a prototype for an iPhone.

The New York Times printed an article recently detailing the past problems that Apple seemed to have ignored. Apple’s chief executive officer issued an email to his staff that the company will continue to look into the issues being reported.

Injured Firefighter Won't Leave Duties

Wed, 08 Feb 2012 08:00:00 EST

A West Haverstraw firefighter was injured on the job in a natural gas explosion. Ken Patterson, 48, sustained six broken ribs and suffered burns to his hands, face, and head. After being discharged from the hospital, Patterson started physical therapy and has to take pain medication for his back and neck.

Other firefighters were injured in the explosion at a townhouse in the Village Fairgrounds II development. Employees with FGC Communications were working on the site when their ruptured a natural gas line while installing fiber-optic cables for Verizon FiOS. Two of the workers were injured and one other firefighters was hurt during the explosion.

Despite the close call and one other near-death experience in the past, Patterson said fighting fires is a team effort and he had no plans to quit his work as a volunteer. He will know more about the extent of his injuries after meeting with doctors. Previously, Patterson has to be rescued from a fire in January 2011 that involved an illegally converted building in Haverstraw.

Patterson and fellow firefighter Jerry Knapp were thanked by residents at a meeting this week and both firefighters stated they were just doing their job as emergency responders.

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.

Worker Who Lost Leg in Accident Awarded Millions

Fri, 03 Feb 2012 08:00:00 EST

Just last month 38 year old Robert Loja was awarded an $11.2 million dollar verdict stemming from an on the job accident he suffered in October of 2008.
On that fateful day, Loja was doing work for his employer Sleepy Hollow Landscaping. He was parked in the street unloading a trailer when he was struck by a car. The driver, 26 year old Eileen Lavelle, claimed to be blinded by sun glare. Lavelle drove through a warning cone in the street and a “men working” sign before striking Loja. Robert Loja lost his left leg in the accident and his right leg was severely mangled.
The jury found the landscaping company 60% liable for the accident. They believed that the company should not have directed Loja to park in the street and that the warning sign was not big enough. Loja himself was found 30% liable for the accident for parking the truck in the street. The jury believed Loja could have parked elsewhere. Ms. Lavelle and her mother who was the owner of the car were found to be 10% liable. Other drivers at the trial testified to almost hitting the truck themselves.
While Loja will probably never see the full settlement amount, he will get some compensation. His attorney must meet with the Lavelle's to work out a payment that they can afford. Their insurance will only pay $50,000 of the over one million the Lavelle's technically owe. Loja can only collect from his former employer once he has received payment from the Lavelle's.

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.

Woman Killed at Work in Fatal New York Elevator Accident

Thu, 02 Feb 2012 08:00:00 EST

A 41-year-old woman was killed in a tragic accident at work in Manhattan on Wednesday, December 14th, 2010, as she entered the elevator at Y&M’s 285 Madison Avenue building. Reports say that she had just taken a step into the elevator when it inexplicably moved upward and pinned her between floors; officials pronounced Hart dead at the scene. Witnesses say that the door was still open when the elevator started to ascend. Two other people remained trapped in the same elevator for an hour after witnessing the accident, and the body was not removed until about 10 hours after the incident.

The death of Suzanne Hart left friends, family, and coworkers reeling, and employees of Y&M were advised to instead work from home the following day. Although the Department of Buildings has records showing 14 elevator violations for the building, none of those violations were reportedly dangerous. A 2011 inspection of the elevator in this incident did not reveal any potentially hazardous violations, and it was not yet known at the time of this report what exactly caused the issue that led to this terrible accident.

As New York workers’ compensation lawyers, we have seen the aftermath of more than a few workplace accidents, and we know that elevator accidents in New York are not all that uncommon. It is so thankfully rare, however, that we see tragic, fatal elevator accidents like this one, and we were shocked and saddened to hear the news. We would like to offer our sincere condolences to the family and friends of Suzanne Hart in this difficult time.

Construction Worker Accidents: Decline in Worker Falls

Mon, 30 Jan 2012 08:00:00 EST

Thanks in part to new safety laws and tougher enforcement of existing safety codes, construction-related accidents were down 18% in New York in 2011. Building Commissioner Robert LiMandri announced the statistics at the end of January along with a variety of other impressive safety statistics for the NY construction industry.
For the first time in 40 years, the NYS construction codes were revised in 2008. They established 25 safety laws, from banning smoking on all construction sites to uniform inspections of sprinkler systems. The results of these safety codes are being seen with decreases in death and injuries on construction sites.
Some of the most notable statistics:

There was a 21% decrease in falls on work sites, great news since 1/3 of all construction site accidents are falls.

There was an increase of new construction permits of 7.7%, showing that with even more construction going on, injuries were decreasing.
The 5 construction fatalities in 2011 occurred because of improper construction practices or lack of fall protection – this can be corrected and prevented in the future.
Fatalities on job sites dropped 73% since 2008

The building commissioner also sites increased cooperation between construction companies, inspectors, engineers, architects, and lawyers in the decline of worker falls and accidents. Mr. LiMandri also noted that the decline in accidents shows that those in the industry take work related accidents seriously. Growth and construction has to occur but there is no reason it can't be done safely.

Sleep Disorders Putting New York Police Officers at Risk?

Sun, 29 Jan 2012 08:00:00 EST

A study recently published in the Journal of the American Medical Association (JAMA) looked at the prevalence of sleep disorders among police officers in North America. The study included approximately 5000 officers in the US and Canada, who were surveyed over the course of 2 years. It is considered to be among the largest studies ever conducted to screen for sleep disorders in the workforce.

The study found sleep disorders to be fairly common among officers, with around 40% of the officers in the study reporting sleep disorders. The study additionally found that officers with sleep disorders were probably at greater risk for related health complications and safety risks, such as on-the-job injuries, attention lapses, and vehicle accidents. The authors of the study stated that:

"It has been hypothesized that fatigue - likely due to reduced duration and quality of sleep and untreated sleep disorders - may play an important role in police officer unintentional injuries and fatalities. To date, the effect of sleep disorders on police officer health, safety, and performance has not been systematically investigated."

Many have pointed to changing shifts as one cause of fatigue at work for officers. Accordingly, shift workers should take note, as "shift work disorder" is a common work-related sleep disorder in New York for many professions.

The Bronx workers' compensation lawyers with Markhoff & Mittman have been serving injured and disabled workers in New York since 1933. If you need assistance after a work-related injury in White Plains, or if you are looking for the next step after a Social Security disability application has been denied, please don't hesitate to contact us to talk about your situation.

Keeping New York Workers Safe from Workplace Violence

Sun, 29 Jan 2012 08:00:00 EST

Several instances of workplace violence in New York and elsewhere in the United States have many people wondering why it happens and how to prevent the on-the-job injuries and fatalities that are suffered as a result. Dr. Larry Barton, who works with the FBI Academy to teach threat assessment, says that workplace violence is a widespread problem that claims the lives of two workers each day on average.

What Can Be Done about Workplace Violence in New York?

Barton encourages employers to keep an eye on employees, especially those who are under additional stress or are having difficult issues in their personal lives, such as divorce or domestic violence. Barton says that employers should also pay attention to reports of employee complaints and be careful not to ignore workers who share this information:

“The vast majority – over 71 percent of the people I’ve studied over the years – communicate in advance. They tell a coworker or supervisor either some type of suicidal or homicidal ideations. It could be in a blog, in a meeting, it could be to a union rep. It’s typically signaled in advance.”

The White Plains workers' compensation lawyers with Markhoff & Mittman encourage employees to be aware and report concerning behavior or any threats of violence to human resources or a supervisor as soon as possible. If you have been injured by co-worker violence, or if you need help with a different workers' compensation question, we would be happy to speak with you in a free and confidential legal consultation to address any concerns you may have.

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.

Men Killed in NY Subway: Subway Workers Discover One

Thu, 26 Jan 2012 08:00:00 EST

In what is being described as one of the most horrific days of unrelated transit deaths, four men were killed on Saturday, January 21 in the NY city area.
Around 2am on Saturday, a man believed to be in his 60's was found unconscious near the Elmhurst Ave Station at Broadway in Queens. It is believed that he slipped and fell down the stairs, hitting his head. He had been bleeding from the mouth and was immediately transported to Elmhurst Hospital Center where he later died.
Brian O'Mara, a 22 year old man from Long Island was struck by a train in a tunnel near the 14^th street station of the L train. It is unclear why the man was wandering through the tunnels between stations, but friends reported being out with him the night before. Mr. O'Mara did not survive the 8:30am accident.
Later that same afternoon in Brooklyn, an unknown man was struck and killed by a train. The 4:30pm accident happened on Fulton St. near the Nostrand Ave Station. It is reported that people fall onto the tracks about twice a week but are able to get out of the way of oncoming trains.
Completing this day of unimaginable coincidental deaths, a man’s head was wedged between a train and the platform at 10pm. Straphangers working in the subway station discovered the man at the 6^th Avenue subway station. Information regarding how the man’s head could have gotten stuck was not available at press time.

Ceiling Fall Results in Injured Firefighter Volunteer

Wed, 25 Jan 2012 08:00:00 EST

Fire broke out in the early morning hours of Friday, January 20^th in a multi-unit corner home at 49 Windle Park in Tarrytown. One of the residents was alerted to the fire and called 911. All of the residents of the large house escaped without injury. A toddler was treated at the scene for smoke inhalation but no further treatment was sought by the youngster's family.
It is believed that the fire started on the rear porch of the one of the second floor apartments. Firefighters were on the scene shortly after 6:00 am and according to the fire chief they were able to knock the fire down quickly. Onlookers could see firefighters wrapping up their hoses and heading out by 8:30am. The cause of the fire is still under investigation.
The Red Cross was on the scene and meeting with the displaced residents by 9:00am. There were four apartments in the house and residents of three of the four apartments were assisted by the Red Cross with emergency funds immediately. While the Red Cross reports not having spoken to the fourth family yet, they are available for assistance. Some of the residents are staying with family and friends while the Red Cross assisted others with emergency shelter. Residents are not being allowed back into the burned house.
A young firefighter was injured while fighting the fire when a portion of the ceiling collapsed on him. Robert Hoyt Jr. was taken to Phelps Memorial Hospital Center in Sleepy Hollow where he was treated for his injuries. Chief John McGee reported that Hoyt is expected to recover.

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.

Pain Relief Cited as Reason for Worker Overdose

Tue, 17 Jan 2012 08:00:00 EST

A New York worker died after suffering an accidental overdose of medication taken to deal with the pain of a work-related accident and now the New York Workers Compensation Board has decided the overdose accident can be compensable.

The worker was taking the prescription drugs oxycodone and hydrocodone for a work-related back injury. At the same time, he had prescribed Xanax. The worker died suddenly and his son filed for death benefits. Neighbors of the worker reported he complained about the pain stemming from his work-related injury and had scheduled a visit to the doctor.

The Workers Compensation Board agreed medication was a contributing factor to his death and the cause for death was listed on the man’s death certificate as cardiac arrhythmia. During the autopsy, the forensic pathologist confirmed the three medications caused the workers death. He also said the oxycodone was injected into the arm of the worker so the concentration level of the drug in the body was much higher. The Workers Compensation Board also ruled that the method for the worker taking the medication was not relevant.

The move by the Worker’s Compensation Board has made it possible for accidental overdoses by injured workers to be compensated for their death.

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.

Cruise Ship Workers Thought to Have Caused Fatal Accident

Mon, 16 Jan 2012 08:00:00 EST

A cruise ship crashed into rocks off the coast of Italy this week, stranding thousands and leaving passengers dead and missing. The captain of the Costa Concordia was cited for the accident and is presently under house arrest.

Reports show Captain Francesco Schettino tried to abandon his ship before all passengers were offloaded into lifeboats. The captain changed his story to an unfortunate accident when defending his boarding a lifeboat. He said the ship shifted and he fell into the lifeboat. The Italian Coast Guard has been heard on recordings demanding the captain return to the ship. Public outcry is making headlines for the apparent carelessness and irresponsibility the captain of the cruise ship showed at the time of the accident.

Investigation into the cruise ship crash is still on-going but it is suspected the captain navigated the ship off course and crashed into rocks below, causing the ship to start taking in water and lull to one side. As thousands of passengers scrambled off the ship, the captain was shown to lack the leadership skills to lead the passengers to safety.

The boat’s skipper was questioned by investigators and apparently admitted to taking the ship off course to ‘salute a former colleague’ according to the Washington Post. This human error on the job proved to have fatal consequences.

Family members of the missing are still holding out some home for their loved ones but search and rescue teams have had many obstacles including weather and have suspended searches several times.

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.

President of Burt's Reliable Fuel Co Dies in Workplace Accident

Thu, 12 Jan 2012 08:00:00 EST

The President of Burt’s Reliable Fuel Co, John Romanelli, died at Stony Brook University Medical Center after being injured at his business. Romanelli, 47, was badly burned in late December after a fuel fire erupted.
A fuel hose connected to a bio-diesel fuel truck broke, spraying the heat source Romanelli was using at the time on his Southold property. He suffered serious burns on his body and was airlifted to Stony Brook Medical Center where he died several days after the accident.
Those on the site say it was a freak accident and without the work by firefighters and those on the scene, the fire could have been much worse. Reports state that no structural damage occurred to any of the buildings on the company’s property. Though he remained in critical condition for several days following the accident, Romanelli died due to extensive injuries sustained in the fire despite the efforts of hospital staff.
Romanelli was a former Southold Town councilman and his viewing and funeral was attended by hundreds in the community.

Injured Construction Worker Saved by Safety Helmet

Wed, 11 Jan 2012 08:00:00 EST

A construction worker hit in the head by a piece of concrete has been discharged from Strong Memorial Hospital. The employee of Manning, Squires, Henning Co Inc, was working at the Wilmot Cancer Center when the accident occurred.
According to reports, the workers was standing three stories up on scaffolding trying to secure a pre-cast concrete slab to a façade when the concrete slab fell about two feet and hit him. The construction worker was knocked down but did not become unconscious. He also was able to remain on the scaffold and was later brought through a building window for transport to the hospital.
Officials noted the worker was wearing a safety helmet at the time of the accident and was reportedly examined at the hospital for a possible back injury. Neighbors close to the scene said they heard the injured worker screaming. Emergency vehicles and security from the hospital responded to the situation. The unnamed worker was strapped to a stretcher and witnesses say it appeared the man was fitted with a neck brace before being taken out through the window of the Cancer Center.
The accident occurred around 1pm and the hospital announced the worker had been discharged from the emergency department about 5pm that day. No word on the injuries sustained by the worker or if he was able to return to the job.

New York Worker Injured in Fall from Lift on Long Island Worksite

Mon, 09 Jan 2012 08:00:00 EST

A worker was injured on November 29^th at Brookhaven Lab on Long Island. Although some details of the accident were available, the name and condition of the injured worker had not yet been released at the time of this report.

Apparently, the worker sustained injuries in a 16-foot fall from a lift while at work at the Brookhaven Lab. The building in which the incident took place had been the site of a graphite research reactor. The reactor mentioned is now being dismantled. Although no specifics were given about the worker's injuries, it has been stated that a radiation scan was performed after the accident and was negative.

Upton's Brookhaven National Lab employs approximately 3000 people and is involved in research related to environmental science, biomedical science, and energy, among other concerns. The worker's injury fall is still being investigated, and the reasons for the fall were unclear.

The Long Island worker's compensation lawyers with Markhoff & Mittman send our best wishes for a speedy recovery to the injured worker. We are devoted to helping injured and disabled New Yorkers get the compensation they need to get on with living, and we extend our wishes to anyone else who has been injured on the job in New York and throughout the country.

New York Construction Worker Doing Well after Work-Related Leg Injury

Mon, 09 Jan 2012 08:00:00 EST

A New York construction worker was injured in a workplace accident on December 7^th, but coworkers say he is now reportedly doing well and healing up at home. Although it was feared that the worker, whose name has not been released, broke a leg in the on-the-job fall, another worker on the site has stated that the worker's leg was thankfully not broken in the incident.

The incident took place at the Mars Bar building near the corner of First Street and Second Avenue. A ceiling beam on the third floor apparently gave way while the worker was dismantling and removing sections of the ceiling. The ceiling collapse caused the worker to fall, and it has been stated that the worker suffered injuries from either the ceiling beam itself or the related rubble.

The worksite is currently closed pending a hearing before the Environmental Control Board regarding potentially hazardous conditions for workers. The site apparently has a history of complaints, although no violations have resulted from those complaints in the past.

The New York workers' compensation lawyers with Markhoff & Mittman, PC are relieved to hear the worker is doing well after the accident, and we wish him the speediest of recoveries.

Elevator Company Sued Over Fatal Death in New York

Fri, 06 Jan 2012 08:00:00 EST

The elevator company that serviced the elevator responsible for the death of a Manhattan advertising employee has been sued this week as a result of another accident that occurred at New York’s Plaza hotel.
A Plaza housekeeper was hurt when the freight elevator she was riding in last year started to rapidly descend and ended with a violent stop. Cecillia Xirouhakis filed a complaint on December 27 in the New York State Supreme Court against Transel Elevator, Inc, the company that maintained and repaired the Plaza’s freight elevators. The housekeeper’s attorney said the injuries sustained were so serious, Xirouhakiis who is from New Jersey ended up with fractured bones in one of her feet due to the sudden and violent stop.
On December 14, the same company performed service work on an elevator located in a building at 285 Madison Avenue. It later malfunctioned and killed Suzanne Hart, a 41 year old employee working in the building. She stepped into the elevator from the lobby when the car shot upward and pinned her between the elevator and the wall. Investigation into that case is still pending.
As for the company, Transel Elevator has not returned calls regarding the lawsuit. They have denied other allegations filed against them from other injury cases in 2008. The company is said to be cooperating with the investigation into Hart’s death in December.
The company has not yet filed any answers to the most recent complaint.

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.

New York Worker Sustains Work-Related Fall Injury in Ithaca

Thu, 05 Jan 2012 08:00:00 EST

A New York worker was injured on a construction site in Ithaca on December 2^nd. In the incident, 52-year-old Craig Hull of Ithaca was at work on a construction site near Cayuga Medical Center. Around 10:00 AM, he was operating a scissors lift, which is said to have tipped on a curb in the parking lot. Hull was thrown off the equipment at that time and sustained a fall to the ground. It is reported that he may have have injured his head in the fall, and emergency workers were called in. Deputies from the Tomkins County Sherriff were called in to assist, and Hull was transported by air to Robert Packer Hospital for his unknown injuries.

Although an official report on Hull's condition has not yet been released, the responding deputies have said that he is probably in stable condition. The Occupational Health and Safety Administration (OSHA) is expected to investigate the construction site in response.

The New York workers’ compensation lawyers with Markhoff & Mittman hope the reports of the stable condition of the worker are accurate, and we hope that Mr. Hull is able to be back on his feet soon. On-the-job injuries can have devastating effects on both the worker and loved ones, but we hope that this won’t be the case for Mr. Hull.

NYC Sanitation Worker's Fake Fall Results in Arrest

Thu, 05 Jan 2012 08:00:00 EST

A New York City sanitation worker has been charged with attempting to scheme workers compensation benefits for an injury that he faked. Ricky Cernera claimed that in November 2008 he tripped and fell in from of a Manhattan-owned clinic which resulted in a broken wrist. Cernera said the fall was a result of a faulty sidewalk in front of the clinic. The worker was already on sick leave at the time he made the claim.
At the time of the supposed incident, Cernera was headed to a doctor’s appointment to evaluate his ability to return to work from a previous accident unrelated to the fall. So far, New York City has paid out more than $7,600 in medical bills and were subjected to a lawsuit in the case before investigators were able to determine there was no fall. Surveillance footage obtained by investigators showed Cernera walking to the clinic looking at his wrist
The 49 year old Nyack, NY resident was released with bail after he pled guilty to grand larceny, perjury, and other related charges. In 2009, he sued the city for damages no specified but court records show the case was closed during the next year. Investigators said Cernera withdrew the case after the agency made inquiries into his claims.
Workers compensation fraud is on the rise and more arrests are being made related to such fraud around the country. Cernera stands to face seven years in prison if convicted on his charges. At the time of Cernera’s retirement in 2009, he had logged 21 years on the job and was making $64,000 a year.

Recording Artist Jay-Z Sued by NY Workers Compensation Board

Mon, 02 Jan 2012 08:00:00 EST

The New York Workers Compensation Board has sued rapper Jay-Z for a total of $18,000. The gossip site TMZ.com reported the Brooklyn native failed to pay for workers compensation in 2009 for a total of three months. The compensation payments were to cover domestic employees that were working at his home.
Jay-Z’s team later said the artist’s insurance company paid for the missed months afterwards and eventually he was cleared of all allegations. It appears to be a case of misunderstanding as sources close to the rapper have said there never were any missed payments.
The State of New York agreed with the rapper’s declaration of no wrong-doing. The Board claims it realized there was a clerical error on their end. A spokesman for the New York State Workers Compensation Board said the matter should be resolved in a few days and the judgment will be vacated.
The Workers Compensation Board originally filed the complaint back in March.

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.

Workers Compensation Fraud Now Costs $5 Billion

Tue, 27 Dec 2011 08:00:00 EST

Workers compensation insurance has been the subject of fraudulent activity for a long time and the new statistics released by the National Insurance Crime Bureau now estimates the costs are upwards of $5 billion a year. It was also found to be the most common type of insurance fraud complaints in the state of Pennsylvania.
Fraud in workers compensation insurance occurs when an employee or an employer provides claim information that is false and/or misleading. This fraudulent activity doesn’t just affect the insurance company, it affects everyone. Insurance costs rise significantly, making it difficult for businesses, especially small businesses, to afford payments.
Experts suggest that a good work environment can help prevent workers compensation fraud from occurring. They say that when employees are satisfied and feel loyal to their job and employer, they are less likely to commit fraud in workman’s compensation. Those that feel connected to their work and their co-workers will not pursue false claims.
Pennsylvania is not the only state where workers compensation fraud is going on but violations found within that state face a sentence up to seven years in prison and have to pay fines up to $15,000.

Retired New York Cops Fight for Benefits in Court

Mon, 26 Dec 2011 08:00:00 EST

Several retired New York police officers are in federal court to protect their free health insurance. Several of the retired officers are currently living on Social Security benefits and have relied on their free health insurance to cover medical treatments and health conditions as well as their prescription medication costs.
The resulting court case stems from Mayor Thomas Roach and his decision to charge retired officers 15% of their health insurance costs. The White Plains Common Council approved the measure in 2010. The change also affects retired firefighters and civil service workers. A total of 640 former New York employees serving in those capacities have filed lawsuits.
In July of 2010, the retired officers and employees were told by the city council they would risk losing their insurance if their first installment payment was not made. US District Judge Stephen Robinson then issued a temporary injunction that kept the city from collecting the payment. The case was transferred when that judge retired and the new judge ordered the retired officers to make payments unless a financial hardship could be proven, which three officers did file.
Retired employees now much come up with several thousand dollars by January 2012 to retain insurance coverage. In most cases, the employees cannot afford the amount as their pensions are not enough to cover the payment and their living expenses.
The plaintiffs in the federal case are angered by what the city has done and their attorneys are looking forward to taking the matter to trial.

Safety Regulations in New York Not Preventing Workplace Fatalities

Fri, 23 Dec 2011 08:00:00 EST

The Bureau of Labor Statistics has released some new information that should be of concern to New York workers. Statistics show trends in rising amounts of workplace fatalities. While the last two decades have shown declining numbers, this new information is shining a spotlight in another direction.

New York has been working harder to promote safety among workers. New York has enacted Safe Place to Work laws before the US federal government had developed OSHA. But despite its long history of proactive measures, workers dying on the job are increasing and it is evident that more work needs to be done.

Two of the most common workplace fatalities stem from workplace violence and workplace falls. Both situations have resulted in more deaths on the job than other types of accidents. Concerning the workplace falls, half of the incidents occurred in the construction industry.

Experts have difficulties pointing to the exact cause of the safety issues on the job. Some believe the issues with the economy may be one of the reasons for more violence at work. Others feel that safety is compromised when cuts to staff numbers are made with more workers having to pull more weight.

The statistics for now are showing a need for more diligence about protecting the health and safety of workers by employers. Employers already must follow the standards set up under the Occupational Safety and Health Act of 1970 but more must be done to ensure work environments pose less of a danger to workers and training must be stepped up to prevent employee mistakes that can lead to death.

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.

New York Worker's Comp Board Changes Website Domain Name

Wed, 21 Dec 2011 08:00:00 EST

As of December 20, 2011, the New York Workers Compensation Board has a new website name. The Board is now using the standard ny.gov domain name to allow users to identify official websites as part of the New York State government.

Internet users are encouraged to bookmark the new website which is www.wcb.ny.gov. While the domain name is changing, the rest of the website and its page names will remain unchanged according to a press release from the Workers Compensation Board.

Employee email addresses will also be changed to match the website domain. If you email Workers Compensation Board employees, you will need to change their information to name@wcb.ny.gov, using the employee’s name or department.

For a limited time, the website will redirect users from the old website to the new URL. Employee emails will also be forwarded for a period of time.

Elevator Death of Worker Threatens Safety of New Yorkers

Tue, 20 Dec 2011 08:00:00 EST

Since the death of Suzanne Hart who was killed in a tragic elevator crushing accident, many New Yorkers have a new fear facing one of thousands of elevators used throughout the city.

Suzanne Hart, a 41 year old advertising executive was killed at work when the elevator she was boarding rose up and pinned her between the wall of the elevator shaft and the outside of the elevator car. The elevator was said to have been serviced just hours before Hart’s accident.

According to National Statistics, elevators and escalators kill an average of 30 people each year with an additional 17,000 people suffering injuries. Just a week prior to the Hart incident, a woman in an elevator at California State University Long Beach was also killed when an elevator crushed her to death.

New Yorkers particularly paid attention to the news headlines since riding in elevators is a typical part of their day at work and at home. While current elevators in more modern buildings have improved safety technology, but there are still risks associated with riding in an elevator.

Disability News - You're One Stop for Injury and Disability News - December issue

Fri, 16 Dec 2011 08:00:00 EST

White Plains Disabiity Attorneys release December issue of Disability News - Your One Stop for Injury and Disability News (and some fun stuff, too!). Take a look - Special Focus on Health and Safety Tips during the holidays. Stay safe and healthy - and don't miss work or holiday events this 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.

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.

18 New Yorkers Arrested for Workers Compensation Fraud

Thu, 15 Dec 2011 08:00:00 EST

The New York State Department of Financial Services have arrested 18 people in thirteen different New York counties that have been accused of workers compensation fraud.

After a joint investigation by the department and other agencies, 18 people were arrested on various fraud charges involving workers compensation benefits. All of the people arrested are presumed innocent until proven otherwise.

Some of the arrest allegations include:

A 48 year old man collected $22,800 in benefits after injuring his leg while cutting down trees. He was found to be collecting benefits for the injury while also managing a storage facility and operating a scrap metal business.
A 44 year old woman collected $26,000 in benefits from a knee injury on the job. She was discovered to have provided false information about her wages and employment status to receive more benefits.
A 51 year old man was accused of trying to collect benefits after he claimed he was hurt at work while employed with a tool-making company after slipping on ice on the company’s property. Witness disputed his claim and he never received benefits from compensation but is charged with fraud.
A 60 year old women collected benefits from workers compensation after breaking her ankle working as teacher’s aide. Investigators discovered her ankle injury actually occurred at home but she still collected $12,900 in benefits.
A 63 year old man collected $25,500 in benefits after he claimed to be out of work due to an injury. Investigations revealed he had been working at the same time he was collecting benefits.

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.

Mount Vernon Firefighter Dies on the Job

Tue, 13 Dec 2011 08:00:00 EST

A 54 year old Mount Vernon firefighter was in the middle of battling a house fire when he collapsed at the scene and died early Thursday. Kevin Townes was getting ready to enter the home to battle the blaze when he suffered a heart attack.

Ambulance workers and other medical personnel on the scene pulled Townes from the fire and worked to revive Townes after he went down but were unsuccessful.

Townes was a 25-year member of the fire department and a resident of Pleasant Valley in Dutchess County. In addition to his firefighter work, he was also a certified code enforcement officer under the New York code. He was assigned to Fire Station 4 located on Oak Street.

There were twenty-two firefighters responding to the Lorraine Avenue fire around 2:43 am. The fire was reported on a single-family home after someone smelled smoke. The fire began in the basement of the home.

Townes operated the third fire engine to arrive at the scene. He was able to pull on his safety gear and was in the process of entering the house to fight the fire. Before he could get in, Townes collapsed into the bushes around the home. CPR was administered by EMTs on the scene and Townes was reported to sit up briefly before collapsing again. He failed to respond to subsequent shocks from a defibrillator. Townes was pronounced dead at Mount Vernon Hospital.

Contractor Injured at West Point

Mon, 12 Dec 2011 08:00:00 EST

A worker at the US Military Academy in West Point was injured after a fall last week. A hired contractor working in the boiler room at Eisenhower Hall fell from a ladder and hit a cement floor.

The height of the fall was estimated to be about 10 feet. The contractor was taken to Keller Army Hospital on the West Point campus by paramedics. After the initial treatment at the hospital for injuries sustained, the worker was transported to Valhalla’s Westchester Medical Center.

The unidentified worker was said to have suffered a serious head injury but no other information was available about their condition.

Worker Killed in Manhattan Train Tunnel Construction Accident

Fri, 09 Dec 2011 08:00:00 EST

Michael P. O'Brien, a worker on a Metropolitan Transportation Authority site underneath Park Avenue in Manhattan, was killed by falling concrete while at work. O'Brien had only been on the project for 3 weeks and was working alongside his father, who had helped his son get the job working on the new train tunnel. Michael O’Brien was 26 years old.

The concrete that fell was from a patch of spray-on concrete, which is typically used in these types of hard-to-reach tunnel projects. An anonymous transit official said that other areas where the concrete had been used were stable, but the area that fell had been recently applied. The project is part of a plan to grant Long Island Rail Road trains access to Grand Central Terminal.

Michael O’Brien’s father was reported to be in the same tunnel as his son when the tragedy occurred. Investigations into the accident are ongoing, but officials say they do not expect the site to be shut down for long.

The Manhattan worker's compensation lawyers with Markhoff & Mittman offer our sincere condolences to the O'Brien family after this heartbreaking tragedy.

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.

New York Tree-Trimming Means Serious Risks and Frequent Worker Injury

Wed, 07 Dec 2011 08:00:00 EST

After the intense snowstorm in the Lower Hudson Valley this October, we've seen hordes of tree trimmers out removing trees and branches damaged in the storm. The heavy work season for tree trimmers has also brought to light a disturbing fact: tree trimming is one of the most dangerous professions in the US, and the industry is poorly regulated.

Several tree-trimming worksite accidents have taken place recently, including a 45-foot fall in Eastchester and 2 workers injured while trimming trees in Westchester. The Occupational Health & Safety Department (OSHA) will be investigating these individual accidents and looking for any safety violations, but some people say the problem is systemic. Steve DiRocco, who owns West Nyack-based Timberline Tree & Landscape Inc., says that tree trimming requires more training and education than people might realize. He goes on to lament that "Our industry is not regulated that well. You have many companies that will sell you a cheap price, but they're not professional."

In fact, 2,070 tree-trimming injuries were reported in 2009 alone, and the Tarrytown OSHA office reports it sees around 10 tree-trimming inspections each year. They say the most commonly cited safety violations include proximity to power lines, little or no training, and problems with safety equipment. Electrocution and falls are also common.

Although New York does have policies in place to oversee tree trimmers, we do not yet have any certification or licensing requirements. The Tree Care Industry Association has recently launched a national safety campaign, called "Until We're All Safe." The program aims to promote safety and better training, especially related to working near electrical hazards.

The Westchester worker's compensation lawyers with Markhoff & Mittman, PC also encourage safety in this dangerous industry, and we hope the workers injured in this recent series of tree-trimming accidents recover quickly.

Parks and Recreation Worker Caught Up in Comp Fraud

Wed, 07 Dec 2011 08:00:00 EST

An employee formerly employed by the New York City Department of Parks and Recreation department has been arrested. The charges stem from his statements that he did not work while receiving compensation benefits for a work injury. However an investigation revealed that employee was submitting false information.

Cosmo A. Zingaropoli was discovered to have earned more than $70,000 in workers compensation benefits from New York City while he was also being paid for repair work and home improvements he did at private homes. Instead of recovering from his work injury, he continued to work and remained physically active.

Zingaropoli, a 38-year old Staten Island resident, has been charged with second degree grand larceny as well as three counts of first degree offer a false instrument in the first degree, and third level insurance fraud. He has also been charged with one count of workers compensation fraud and one count of petit larceny.

The defendant was injured on the job in April 2006 during his work with the Parks Department. He received benefits from workers compensation between August 2006 and March 2010. He did not reveal that he was paid for performing home improvement work between the years of 2006 and late 2009.

Zingaropoli was employed with the city as a DPR maintenance worker starting in March 1995. He was terminated from his position in May 2010 because he did not confirm he was unemployed due to a disability.

Two New York Workers Injured in Bronx Hospital Shooting

Wed, 07 Dec 2011 08:00:00 EST

Although we like to think of hospitals as safe places, two hospital workers were injured after an unthinkable shooting occurred in the Mount Eden area of the Bronx. The incident took place on the night of Wednesday, November 9th while both victims were at work at the hospital.

At around 7:00 PM, a man entered the waiting room of Bronx-Lebanon Hospital's emergency room with a concealed gun. He then fired at least one confirmed shot into the waiting room. Officials say two hospital workers were injured in the shooting: one security guard, who was hit in the lower body, and one nurse, who was hit in the shoulder.

Police are investigating the incident but have not yet disclosed whether or not they have a suspect in custody at this time. Reports say that police are investigating the possibility that it was a gang-related shooting. It is not believed that either hospital employee was the actual intended target.

Fortunately, no one was seriously injured. Both workers were treated and are reported to be in stable condition.

The Bronx workers' compensation lawyers with Markhoff & Mittman wish both workers a speedy recovery after this tragic shooting in the workplace.

Recent Medicare Ruling May Harm Settlements for Workers Comp

Tue, 06 Dec 2011 08:00:00 EST

A decision by a federal appeals court which permits Medicare to claim nearly half of the liability settlement of an injured man can hurt insurer’s ability to settle claims and could become an issue that reaches all the way to the US Supreme Court.

The 6^th US Circuit Court of Appeals in Cincinnati Ohio made a 2-1 ruling in November which allowed Medicare to get back a total of $62,300 from a $125,000 liability settlement amount won by Vernon Hadden. Mr. Hadden received the settlement from a 2004 vehicle accident.

Medicare paid $82,000 in medical bills after Mr. Hadden was hit by a Pennyrile Rural Electric Cooperative Corporation truck. The company is based in Hopkinsville, Kentucky. The attorneys for Mr. Hadden argued that the Pennyrile truck only constituted 10% of the total damages. Another driver that caused the truck to hit Hadden was 90% responsible for the accidents and proposed that only 10% of the settlement from Pennyrile should be give back to Medicare.

This decision may have a drastic affect on future judgments, settlements, and awards in workers compensation cases and other liability suits. Critics of the court’s decision worry that there will not be anything left for the victim if Medicare is allowed to take the majority of the settlement.

It is believed ‘impractical’ for Medicare to be awarded a full reimbursement in cases where the victim did not make a full recovery for the damages. As a result of the most recent decision, the future cases may result in less settlement amounts which means there will be less money for Medicare to get back.

Follow-Up After Fatal Brooklyn Worksite Accident Reveals Safety Issues

Mon, 05 Dec 2011 08:00:00 EST

We recently talked about a building collapse that took place earlier this month in Brooklyn, which ended up injuring 4 workers and proving fatal to one. Today, we’d like to share a follow-up on that story and give you an update on the investigation into the causes of the worksite accident.

Steve Schneider, an engineer in charge of safety at the Brighton Beach worksite, recently said that he had not been notified that the work had even started on the building. Investigating the site after the fatal accident, Schneider said he would not have allowed workers to proceed with pouring the concrete if he had been aware of the state of the worksite. Schneider found several issues at the site, including the use of a lighter-gauge steel then needed and improper securing of joists. The Department of Buildings also investigated this scene, and they have reported 9 violations against SP&K Construction, the contractors with the site.

The Brooklyn worker’s compensation lawyers with Markhoff & Mittman, PC are sad to hear that the site apparently had ongoing safety issues, and that the death and injuries that resulted from those techniques could have been avoided. Our hearts go out to all of those who were impacted by this tragic building collapse.

One Dead and 4 Injured in Brooklyn Worksite Accident

Sun, 04 Dec 2011 08:00:00 EST

On Tuesday November 8th, 2011, a building collapsed on a Brooklyn worksite. One worker died in the collapse and 4 more were injured. The incident occurred around 2:30 PM at 2929 Brighton 5th Street.

In describing the collapse, one worker said, "It just came right down. It didn't give a warning. It just buckled." Several workers were trapped in the debris, and at least one was found in a mix of wet concrete and rubble up to his chest. Firefighters from the New York City Fire Department were among the first to arrive on the scene. Fire Captain William Gallagher said some of the injured workers were visible in the rubble, and others could be heard calling for help beneath it. After all was said and done, two workers were able to get out on their own, and firefighters freed 3 more from the rubble. One worker went into cardiac arrest and was transported to Coney Island Hospital in critical condition. Three more injured workers were transported to Lutheran Medical Center and reported to be in serious condition.

According to witnesses and officials, the 5-story building collapsed as concrete was poured on the higher floors before the lower floors. Although there is some argument over how appropriately the concrete was handled, it is believed that pouring the concrete from the top down was the main issue in the collapse. According to some, the workers should have been pouring the concrete from the lower floors up. The Department of Buildings will investigate and intends to take action against anyone responsible for the tragic accident.

The Brooklyn worker's compensation attorneys with Markhoff & Mittman, PC send out our best wishes for recovery to these injured workers and their families. We are devoted to protecting the rights of injured workers and are always available to answer your questions about New York worker's compensation and disability.

OSHA Announces Picture It! Safety Contest

Fri, 02 Dec 2011 08:00:00 EST

OSHA has announced a new photo contest to celebrate the 40^th anniversary of the organization. The contest, called Picture It!: Safe Workplaces for Everyone challenges amateur photographers to showcase workplace safety in picture form and share it.

The contest’s overall goal is to start a national collaboration using the talents, imagination, and creativity to keep awareness on the importance of safety and health at work. The contest imposes no particular themes.

Photographs will be judged and prizes will be awarded based on the most outstanding portrayals of health and safety in the work environment with a focus on the artist quality and the awareness value to the public.

Judging criteria for the contest includes:

Photo quality
Suitability for publishing the photo in OSHA publications
Clarity of health and safety message being portrayed
Originality
Creativity
Use of workplace, employees, and employers

For full contest rules and more information about registering your photograph for the Picture It! Contest, visit the OSHA website for more details.

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.

Disability Error Awards Ex-Cop Money

Thu, 01 Dec 2011 08:00:00 EST

A recalculation of disability pension money for a former police officer of Westchester County has given the 47 year old officer $176,133 a year for the rest of his life.

Gerardo Gizzo will now receive double his base pay when he retires, an amount that has gone up to a tax-free total of $183,213. It is the fourth largest state pension in the Lower Hudson Valley, outdoing the $179,000 one received by retired Yonkers police Captain Patrick McMahon.

Gizzo was injured as an on-duty officer on the Hutchinson River Parkway in 2008. His disability retirement was approved two years later after he had put in 23 years of service.

State retirement officials has noticed the error made in the original pension calculation and made the determination that retroactive payments from the county should have been utilized to make the pension determination. Gizzo has said he did not ask for a review of the calculation.

Gizzo had received additional credit for compensatory time which had not been considered at his retirement. The additional amount gave Gizzo an annual salary of $245,000 and his pension is 75% of that amount since he retired disabled. Had he not retired with a disability, his pension would have been 50% of his final salary average which would come to $61,000 less per year.

Gizzo had been one of the county’s biggest earners of overtime owners before he was injured. The Comptroller’s Office oversees the pension systems for the local municipal and state employees. The office stated it is the obligation of theirs to review the breakdown of compensation earned and apply amounts appropriate for the time period.

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.

SWCB Posts Medical Guideline Course Detail

Tue, 29 Nov 2011 08:00:00 EST

The New York State Workers Compensation Board has posted their detailed information about a web-based course for understanding medical treatment guidelines.

The guidelines were established as part of Governor Eliot Spitzer’s workers compensation reform from 2007 that entailed the process for getting variances from carriers and employers. The course is held online and features case studies that illustrate the process of getting pre-authorization and variances from carriers.

The Board’s Assistant Medical Director, Dr. Elain Sobol Berger, who is also a senior policy adviser lead the course which helps medical providers who are charged with diagnosing and treating injured workers from job-related incidents affecting the low and mid back, the knees, neck, and shoulders.

The course is said by Berger to have been prepared according to cooperation with the Medical Society of the State of New York and will provide a maximum of one course credit for continuing education through the American Medical Association.

Berger noted in the course introduction that the reforms of 2007 were ‘the most significant change in the New York Workers Compensation system ever.

New York Worker's Compensation Board Offers Free 2012 Guideline Training

Fri, 25 Nov 2011 08:00:00 EST

The New York Worker’s Compensation Board has announced the opportunity for free web training concerning the 2012 New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity which will be going into effect on January 1, 2012.

The Board is now providing free educational programs online for those interested in learning more about how to use the new 2012 guidelines. Physicians using the web-based applications can receive 1.25 CME credits for completing the offered 2012 Guidelines for Medical Professionals.

The new guidelines going into effect in 2012 includes the following data:

New impairment guidelines for evaluating non-schedule permanent disabilities.
New guidance for evaluation functional capabilities.
New guidance for determining the loss of wage earning capacity for injured workers.

The training programs include 2012 Guidelines for Medical Professionals; 2012 Guidelines: Modified Form C-4.3; and 2012 Guidelines: Basics for Non-Medical Professionals. All of the online training programs are now available for the New York State’s Workers Compensation Board’s website.

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.

Chronic Pain Cover Denied by NY Worker's Compensation Board

Thu, 24 Nov 2011 08:00:00 EST

The New York Worker’s Compensation Board has released new regulations concerning medical coverage for the treatment of chronic pain. More than 116 million patients have been under the care of doctors for the treatment of medical conditions producing chronic pain but the new regulations means that injured workers may not be able to get the coverage they need for continued treatment.

The Board updated its policies to only cover continued therapy that results in ‘functional improvement’. Due to this new rule, many injured worker facing chronic pain will not be able to get the coverage for the medical treatment they often need on a long-term basis.

In response to criticism of the rule change, the Board insists that the new rules were put in place in order to give patients the best medical care as quickly as possible. It is also meant to prevent fraudulent claims and the mismanagement of the compensation system.

There is an available appeals process for those who have been denied on-going coverage for care. If a treated patient can prove that the ongoing treatment is beneficial for coverage, they may be granted a variance. To date, over 78,000 variances have been filed with two-thirds of those requests being approved by the Board.

Medical professionals have been critical of the rule changes by the Board who feel the policy changes are truing to get rid of coverage for injured workers who can not recover within a two to three month period of time. Those that legitimately require ongoing medical care for chronic pain may not be able to get that opportunity moving forward.

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.

Injured on the Job? Disabled? Read "Disability News" from Markhoff & Mittman

Tue, 22 Nov 2011 08:00:00 EST

It's worth the read.....Disabiity News - Your One Stop for Injury and Disabiity News, and some fun stuff too....brought to you by the White Plains based disabiity firm, Markhoff & Mittman.

Railroad Tunnel Accident Claims Life of Worker

Tue, 22 Nov 2011 08:00:00 EST

Last Thursday, a 26 year old tunnel worker was killed when part of a ceiling collapsed on him. Michael P. O’Brien had been working on the New York tunnel just below Parker Avenue when a piece of concrete fell from the ceiling of a future commuter tunnel and killed the worker.

The piece of concrete had been sprayed on to the ceiling surface because it was a hard to reach area. A high-pressured hose was used to apply the concrete but it appears the area was not stable resulting in the partial collapse of the concrete. Work has since been suspended in the tunnel during the investigation by workplace safety officials as well as the transportation authority.

The tunnel which is being constructed to allow the Long Island Railroad trains to travel into Grand Central’s terminal will provide commuters easier access to Manhattan’s east side. Many decades ago, tunnel workers were frequently injured or killed during the workday but with improve technologies and advanced safety measures, deaths are not as common.

O’Brien’s father was the project manager at the time of the accident. The victim was hired only three weeks before by his father. He has previously worked in tunnels in Wisconsin but was working to turn his life around after developing a drug addiction after a previous accident.

The contracting company, Dragados, who had hired O’Brien had been cited and fined for a previous accident at a Manhattan construction site where a worker was injured on the job. There was also a recent inspection of the company after another accident last month involving an underground railroad car collided with a mechanical lift. Dragados is said to be paying the bill for the transport of O’Brien’s body back to Wisconsin as well as for the funeral and grief counseling for the other employees who worked alongside O’Brien at the time of the accident.

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.

Bronx Worker Seriously Injured in Building Collapse

Sat, 19 Nov 2011 08:00:00 EST

A worker was seriously injured during a building collapse on a Bronx worksite shortly after noon on October 29th. The worker was part of a crew that was renovating a commercial building on Stratford Avenue.

According to officials, the construction crew was working on the first floor of the building when a support column collapsed. Witnesses and local residents say that the building had been in poor condition to begin with, and the collapse was not surprising. The injured New York worker was trapped under rubble, which was said to be at least 6 feet deep. Emergency responders were able to free the worker; he was then transferred to Jacoby Hospital. The worker, whose name has not been released, was in serious condition.

Local residents say there is very little left of the building except rubble. One person described it as being "split in the middle." The site is now under investigation by the Buildings Department and the Office of Emergency Management. It is expected that what is left of the building will need to be torn completely down.

The Bronx workers' compensation attorneys with Markhoff & Mittman, P.C. hope the unnamed construction worker experiences a speedy recovery and is back on his feet soon after this frightening experience.

Fort Salonga Worker Killed in Accident; Long Island Police Investigate

Fri, 18 Nov 2011 08:00:00 EST

Victor Schultz, a 49-year-old construction worker, was killed in a work-related car accident in Fort Salonga on Friday October 28th. The construction site where the incident took place was located on Route 25-A.

The accident occurred around 1:35 a.m. on October 28th when Schultz and a co-worker were loading a milling machine onto a trailer near the side of the road. A westbound SUV on Route 25-A struck Schultz; the driver then apparently fled the scene.

Schultz was pronounced dead at the scene after emergency workers arrived. The co-worker who was with Schultz at the time was thankfully unharmed in this hit-and-run accident.

Witnesses describing the incident to Long Island Police officers said the vehicle was dark in color, but no further information was available about the driver.

The Bronx workers' compensation attorneys with Markhoff & Mittman, P.C. extend our sincere condolences to the friends and family of Mr. Schultz. We would like to remind all drivers to protect our New York workers by always slowing down and paying extra attention to the road in construction zones.

Alliance Alleges 'Crosswalk' Does Not Translate for Worker's Compensation Benefits

Fri, 18 Nov 2011 08:00:00 EST

The New York Worker's Compensation Alliance has advised the recent ‘crosswalk' which was included in the New York guidelines for making medical impairment and lost wage earning capacities for injured workers may be putting a heavy emphasis on a worker's ability to function after suffering an injury.

The Alliance has stated the medical impairment section of the newly released guidelines was based on recommendations from a task force of policymakers and medical doctors from September 2010. The criteria for assessing medical impairments uses a scale of A-Z of individual body parts with the letter Z reflective of the most serious impairments.

The State Worker's Compensation Board added the crosswalk which permits doctors to also provide an overall severity rating ranging between 0-6. The Alliance has issued a warning that the Board has not assigned weights to individual functional and vocational factors that include education, occupation, or age.

The Alliance has also stated on its website that the 2012 guidelines state that medical impairment does not ‘translate into loss of wage earning capacity'. Worker's compensation benefits depend on the loss of wage-earning capacity and not the medical impairment. The impairment rating will not translate into degrees of disability.

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.

Somers Worksite Accident Leaves Worker Trapped in Trench

Thu, 17 Nov 2011 08:00:00 EST

A Somers worker, involved in a work-related accident at Somers Intermediate School, was taken by helicopter to a local hospital after a frightening accident.

According to reports, the incident took place in a trench behind Somers Intermediate School at 240 Route 202 where some construction work was taking place. The trench collapsed and the worker became trapped.

Although initial reports gave the impression that the worker was able to be quickly removed, the actuality was that the worker remained trapped for about 2 hours. The incident took place around noon on October 24th and the worker was removed by emergency workers around 2:00 p.m. The worker was transferred by stretcher to the waiting helicopter, which landed on school grounds.

The worker was freed with the help of firefighters from Somers and the State Police.

There is no further news about his condition or whether any life-threatening injuries were sustained at the worksite. School officials have declined to comment on the accident at this time.

The White Plains workers' compensation lawyers with Markhoff & Mittman would like to wish the injured worker a safe and speedy recovery after this frightening construction accident.

New York Man Injured at Connecticut Car Wash Job By SUV Incident

Thu, 17 Nov 2011 08:00:00 EST

A New York worker employed at a Connecticut car wash is still recovering in the hospital after being hit by a sport utility vehicle on Saturday.

The male employee was working at Splash Car Wash. At the time of the incident, he was standing near two vehicles that has just moved from the car wash bays when a Lexus SUV began driving toward the vehicles and the man. The driver of the Lexus hit the employee, sideswiped both of the nearby vehicles, and traveled through the parking lot. The Lexus SUV eventually came to a stop in the southbound lane of East Weaver Street.

Witnesses describe a woman behind the wheel of the Lexus and said she was driving fast. The woman remains unidentified by law enforcement but was taken to the hospital by police after the incident for observation. A witness who spoke with the driver after her vehicle stopped said she appeared to be okay.

The same witness left the Lexus driver to attend to his co-worker who has serious injuries to the upper right side of his body and to his right leg. The man also was observed as having a cut on his head. The parked vehicles were also seriously damaged with one vehicle deploying its airbags on impact.

This is not the first time the Splash Car Wash has seen a worker injured by a driver. There have been at least three other incidents in the last decade where workers were struck by drivers leaving the car wash. In two of those accidents, the worker died from his injuries.

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.

Freak Accident Claims Life of Mamaroneck Worker

Tue, 15 Nov 2011 08:00:00 EST

A highway worker from the town of Mamaroneck was killed last Friday after he was run over at the sanitation and recycling center in town. The 35-year old worker, Robert Delvecchio, was leaving the center with his co-workers around 7:15am.

The driver of the truck was questioned in the accident but as of now no charges have been filed. Both the Westchester County police department and the federal Occupational Safety and Health Administration (OSHA) are investigating the details of the freak accident.

Delvecchio's family has reported that authorities have not provided many more details on what occurred. Immediately after the accident, he was transported to Jacobi Medical Center in the Bronx where he died in route.

Delvecchio was a 1994 graduate of Harrison High School and was recognized as Westchester's first bicentennial baby. He was a married, father of one son, age 4. The investigation continues into his death.

Man Dies After Being Injured in NY Industrial Accident

Fri, 11 Nov 2011 08:00:00 EST

The sheriff's office released some sad news on the morning of October 6th - Edward M. Carvey, of Hannibal, has died after sustaining injuries in a Scriba industrial accident on October 4th. News of Mr. Carvey's death reached the sheriff's office on Wednesday afternoon.

Mr. Carvey had been an employee with Novelis Inc. in Scriba. He was at work at 448 County Route 1A at the time of the accident. Mr. Carvey was reportedly injured by a piece of machinery at the aluminum rolling plant. It was unclear if he was operating the machinery at the time.

Because his injuries were so serious, he was taken first to Oswego Hospital, but was soon transferred to Upstate University Hospital in Syracuse. Oswego County 9-1-1 workers report that Mr. Carvey went into full arrest early on, but was revived at least once.

An OSHA investigation of the worksite has already begun, but no further information about their findings has been released.

The New York workers' compensation lawyers with Markhoff & Mittman, PC are extremely saddened at this news. We wish to offer our sincerest condolences to the friends of family of Mr. Carvey in this difficult time.

Injured Workers at Bronx Hospital Thanks to Gunman

Fri, 11 Nov 2011 08:00:00 EST

The waiting area of a Bronx, NY hospital was the scene of a shooting Wednesday night. A hospital nurse and security guard were injured when a man brandished a gun and fired at least one shot in the waiting room.

The Bronx-Lebanon Hospital Center's emergency room was flooded with detectives investigating the shooting. Law enforcement investigated the possibility that the man with a gun was specifically aiming for someone he perceived to be involved with a rival gang.

The gunman entered the hospital waiting room with the gun concealed. It was around 7:00pm when the first shot was fired. Two employees of the hospital were hit including a 37 year old nurse who suffered a shoulder would and a 42 year old security guard who was hit in the lower part of his body. Both men were listed in the hospital as being in stable condition. Both were also expected to be released.

Neither of the injured workers were believed to be the target of the gunman and police believe fragments of the fired bullet were what caused the injuries. Witnesses in the waiting room believe a man in the waiting room with a cut under his eye was the intended target. Police said the man had earlier seen rivals in the hospital and called friends, one of which is believed to have fired the shot.

Hospital security was able to keep the situation from escalating and the situation was caught on the hospital's security camera. The hospital does not presently have metal detectors but security is posted at each of the entrances.

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.

Slip and Fall Over Buffalo River Leaves NY State Worker Injured

Thu, 10 Nov 2011 08:00:00 EST

A worker was injured in an on-the-job accident in Buffalo on October 11th, according to authorities. The worker was injured while inspecting a bridge for the New York State Department of Transportation. The worker was part of a crew from Ravi Engineering & Land Surveying, who contract with New York State for these kinds of inspections.

The worker sustained injuries to the head and shoulders when he fell into an access pit during an inspection of the bridge on Bailey Avenue, which crosses the Buffalo River. Because of the nature of the bridge, workers have to climb down into these access pits to assess the state of the structure. The job was almost finished when the slip-and-fall accident took place. The worker is said to have fallen about 10 feet.

Although he did sustain injuries, none of the injuries were suspected to be life-threatening. Authorities at the scene said the worker was in "good shape."

The White Plains workers' compensation lawyers with Markhoff & Mittman, PC hope the unnamed injured worker experiences a speedy recovery and can be back on his feet soon.

New Tools Aim for More Accuracy in Workers Comp Claims

Wed, 09 Nov 2011 08:00:00 EST

Workers compensation claims adjustments could become more of a science thanks to the new modeling tools that are going on the market. While modeling has been part of workers compensation for years, the newer versions of the tools are predicted to be much more accurate in selecting problems claims before workers compensation losses start going out of control.

Liberty Mutual Group, Inc has already released a new predictive model which utilizes updated data to figure out how conditions such as depression, employee dissatisfaction, and obesity issues could hurt the return to work of an injured employee. The model is met to identify claims that may begin small but which will likely grow into much larger losses.

Experts in the field believe that it is the slow-to-emerge claims which are the most challenging for workers compensation. The industry believes if those claims could be understood early on, there would be actions to take to prevent claims from spiraling out of control. Liberty Mutual is hoping the new tools will save the company about $100 million before the tools will be considered a success. That amount is roughly just 5% of the total amount of workers compensation claims the company pays annually to injured workers.

Other companies have been working on improvements to their existing tools in order to be more accurate. They are constantly researching the data that can help understand why some people take much longer to recover from work injuries than others. That information is then used to help injured workers recover and get back to work.

With the level of competition between insurance companies, it is predicted that the accuracy of these predictive tools will increase significantly in just the next few years.

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.

Injured New Rochelle Firefighter Alleges Disability Shirk

Thu, 03 Nov 2011 08:00:00 EST

A New Rochelle firefighter suffered knee injuries on the job that eventually led to surgeries and the loss of his career. Ken Carrella is now claiming that after receiving disability benefits for over a year, the city of New Rochelle is not cooperating.

Carrella stated that the city has refused to pay the half of his $83,000 annual salary that he was entitled to collect until he hits the age of retirement. While the city officials would not comment on the case, Carrella said he is tired of the way injured workers are being treated. He adds that he is having trouble making ends meet but does not have regrets about his choice of careers.

The city would only say that all disability claims are ‘legitimate and all payouts are warranted' and that the city is ‘absolutely abiding by the law'. President of the local firefighters union, Byron Gray, believes that the city of New Rochelle is look for ways to cut down on costs and have become very aggressive about disputing filed claims for disability. Gray also adds that more firefighters in the city have gone through the same struggle.

Records show that the city has spent more than $130,000 between 2009 and 2011 to cover the costs of attorneys and consultant fees necessary to investigate claims filed by firefighters.

Carrella was injured when he fell down a flight of steps fighting a fire at the Iona Grammar School. He sprained his right knee at the time and later reinjured his knee while rescuing an unconscious man. He returned to work after surgery but several years later his knee became too painful to function at work. After going on light duty, Carrella alleged criticism from co-workers that ended with him seeking counseling.

Carrella retired as a disabled firefighter in August 2010. He says he continues to receive payments from the state but payments from New Rochelle have stopped arriving.

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 Construction Accident Kills Worker

Wed, 02 Nov 2011 08:00:00 EST

A two-story building collapsed in the Bronx, killing one man and almost claimed the life of his co-worker. The man who lost his life was not identified but was noted to be a married, father of three who lived locally.

The workers were on site around 8:00 am operating jackhammers on the first floor of the building when the roof began to collapse on top of them. The men were breaking down the cement around a column which appeared to collapse.

The surviving worker, Orlando Acetty, ran towards the rear of the building and into the basement while his co-worker ran toward the front entrance of the building. Acetty told reporters he saw the ceiling come down on his head within seconds.

Firemen raced to the scene and were able to rescue Acetty from the basement after witness on the street called for help. Acetty was said to not be moving or breathing when he was rescued. His coworker was pulled from the collapsed building and taken to the Jacobi Medical Center where he died a short time later.

The owner of the building, Stafford West LLC was cited with a $6,000 fine in 2009 stemming from violations associated with the pool hall that was housed on the second floor which collapsed on the workers. The fine was due to the operation of a pool hall in that building.

Acetty has been released from the hospital. He went back to the scene of the collapse and mentioned to reporters about his luck at still being alive after the incident. The construction work is said to have been ongoing for the last month. The ground floor where the men were working was said to be a restaurant.

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.

11 Busted in Disability Scam Against NY Railway Worker Funds

Mon, 31 Oct 2011 08:00:00 EST

Eleven people were charged by the United States government with actively participating in a $1 billion scam that falsely claimed disability benefits for retired New York commuter railway workers.

The charged individuals included two doctors and a former president of a union. The physicians recommended hundreds of retirees from Long Island Railroad seek payments from the US Railroad Retirement Board during 1998 until the present. According to court documents, more than $300 million in fraudulent benefits have been paid out.

The funds were designed to benefit those who are legitimately disabled. However, with the physician's help, former employees of the railroad sought benefits based on claims they could not bend, stand, or hold objects without chronic pain. Those seeking benefits were then identified as having participating in various activities including shoveling snow, playing golf, and even trekking on a 400-mile bike ride.

One of the participating doctors involved in the fraud collected as much as $2.5 million in compensation over the course of the scam. There was a third doctor participating in the fraud who has since passed away. The doctors were charged with utilizing their practices as ‘disability mills' and their offices were involved with 86% of all disability benefits applications at the LIRR that were filed prior to 2008.

LIRR employees that retire and claim disabilities can be eligible to receive benefits that nearly equal the total of their base salary earned during their career. Employees are allowed to retire at the age of 50 as long as they have worked for 20 years. Retires of the LIRR can also receive a pension starting at age 65.

The investigation was launched after the LIRR began receiving an unusually high amount of new applications from retirees. Those who are alleged to be involved in the fraud are still entitled to receive their pension but it was not known if payments would continue if the individuals were convicted.

Crimes Against Bus Drivers Increasing Significantly in 2011

Fri, 28 Oct 2011 08:00:00 EST

The Metropolitan Transportation Authority has released new statistics that show an increase in crimes against bus drivers. Passengers have been attacking drivers more frequently leading to a 20% increase in bus driver attacks. The MTA has calculated that there are 7 assaults every month on average.

In the first nine months of 2011, there were a recorded 69 physical assaults were perpetuated on bus drivers. There were 57 assaults recorded the previous year during the same time line. One reason workers are suggesting that the violence rates are on the rise is due to the driver's supervision and training.

Workers say they are being instructed to challenge passengers that do not pay fares. This often results in volatile confrontations between drivers and passengers. Drivers insist that getting the police authorities involved in such affairs is what needs to happen to prevent acts of violence. They feel that having security on the bus is another way to circumvent violence against drivers.

Bus management resources have challenged the accusation that drivers are taught to confront unpaying passengers and insist drivers are taught only to ‘remind' passengers of the fare requirements when boarding.

A recent case of violence seems to challenge both sides of the story. Bus driver Jamel Wright had been written up by supervisors and faced suspension after being observed allowing passengers who didn't pay to ride the bus on several occasions. Wright kept his job but was required to take refresher training. After returning to work, Wright reminded a passenger about paying the fare and the passenger responded by punching Wright in the face repeatedly.

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.

Government Says Work Fatalities Stayed Steady in 2010

Thu, 27 Oct 2011 08:00:00 EST

Workplace deaths have been shown to hold steady during 2010 after more than two years of declining numbers. The Bureau of Labor Statistics have accounted for 4,547 workplace fatalities last year. That number is very close to the 2009 statistic of 4,551.

Overall, workplace deaths have been declining since the 1990's but with the headline-drawing workplace deaths including the West Virginia coal miners explosion that killed 29 and the Deepwater Horizon oil rig disaster that took the lives of 11 rig workers. The one area of workplace deaths that have been on the rise involves police officers which went up to 134 officers from 96 officers in 2009.

The increase in workplace fatalities may be related to the number of hours people are working across the country, which has been on the rise. In the government poll, there were calculated to be 3.5 deaths per 100,000 full-time workers but there were significant differences in the rates within different industries. The fishing industry held the highest rate with 116 deaths for each group of 100,000 workers.

The final report is expected to be released soon. It is believed that the fatality numbers will be slightly higher when the final numbers are tallied but overall the fatalities rates among employees appears to remain mostly steady.

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.

Alleged Safety Violations Mean Potential NY Worker Injuries

Wed, 26 Oct 2011 08:00:00 EST

A former construction company employee has reported to the Occupational Safety and Health Administration (OSHA) this week that a Spring Valley construction site may be unsafe for workers. An OSHA compliance officer visited the site on Tuesday, according to the OSHA assistant area director for the Tarrytown office.

The construction site at 94 North Main Street is the beginning of a development called Spring Valley Family Housing, which will eventually contain 54 apartments and 7000 feet of commercial space. The former employee's complaint alleged that the construction site had many safety violations, including problems with personal protective equipment, floor openings, mold in the basement, and other workplace hazards. OSHA has not yet determined if Sisca Northeast, Inc. was actually in violation.

A project manager with Sisca Northeast did report that some minor violations were fixed at the time of the inspection and that no mold had been found in the basement.

When safety rules aren't followed, workers can get hurt. If you have been injured on the job in New York, contact an experienced White Plains workers' compensation lawyer for a free consultation.

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.

New York Industrial Accident Causes Severe Worker Injuries

Tue, 25 Oct 2011 08:00:00 EST

A Patchogue construction worker sustained serious leg injuries in an industrial accident in Shirley, New York on September 27th. Suffolk County police are investigating, and the Occupational Safety and Health Administration (OSHA) has been notified.

The accident took place around 1:30 p.m. at Clare Rose Distributors, which is located at 100 Rose Executive Boulevard. When police arrived on the scene, they found 56-year-old Julio Granados entangled in a large compacting baler at the site. Sargent John O'Sullivan and officers Richard Park and Michael Popielaksi worked to successfully free Granados from the machinery.

Emergency care was administered at the scene to stabilize Granados after his serious injuries. He suffered severe injuries to both legs and had lost a lot of blood, according to reports. Granados was transported by helicopter to Stony Brook University Medical Center. At last report, he was in serious condition.

The White Plains workers' compensation lawyers with Markhoff & Mittman, PC are always sad to hear of these types of devastating work injuries. We wish Mr. Granados and full and speedy recovery.

New York Construction Boom Truck Accident Results in Death

Tue, 25 Oct 2011 08:00:00 EST

A Schroon Lake, NY construction worker lost his life last Thursday. The accident occurred in Warren County where 62-year old John ‘Jack' Lattimore was working on the Glen Bridge construction project.

Lattimore was an employee of the New York State Department of Transportation, working on the Bridge Maintenance team. Lattimore was working inside of a basket at the end of a boom truck. He was operating underneath the bridge when his head struck one of the bridge's steel support beams, trapping him underneath the bridge Despite Lattimore's use of a hard hat and harness safety equipment, the injuries still proved fatal. Lattimore was pronounced dead on the scene due to the head trauma he suffered.

In addition to Lattimore, there was another employee working in the bucket at the time of the accident who was not injured. A third employee was able to steer the bucket up to the highway after realizing Lattimore had been injured. He had to override the bucket controls in order to bring the workers back to the highway. At this time, the construction site accident near Albany is still under investigation with an autopsy planned for Lattimore. Members of the Department of Transportation and the Public Employee Safety and Health Unit will also evaluate the equipment including the boom truck.

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.

FREE Seminar Examines How To Win Your Social Security Disability Claim

Thu, 20 Oct 2011 08:00:00 EST

Brian Mittman, Managing Partner of Markhoff & Mittman, and attorney, Scott Daniels, are offering a FREE seminar this Tuesday, October 25th to help individuals understand the social security disability claims process. Join us!

Tuesday, October 25th from 7 - 9:00 pm

The Church of St. Paul & St. Andrew
263 West 86th Street (between Broadway and West End)
New York, New York 10024

All seminar attendees will receive a FREE copy of our new book -

The Disability Guys' Guide to Navigating Through the Social Security Disability Maze.

Call 718.509.9596 to reserve your seat today!

Feel free to bring a friend!

Topics they will address include:

Myths About Getting Social Security Disability
5 Major Reasons Why Social Security Will Deny Your Claim - and what to do about it
Why a disability claim is NOT a lawsuit

Whether or not you need an attorney to help you

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.

Police, Passengers, and Construction Worker Injured on Harlem Worksite

Wed, 19 Oct 2011 08:00:00 EST

On Tuesday, September 20th, a construction accident in Harlem left 18 people injured, including a construction worker and two police officers who were injured on the job.

The 5-story building, located at 301 West 125th Street, was in the process of being demolished at the time of the accident. Debris from an upper floor of the building fell on the street side. The debris took down scaffolding being used for the project, as well as on a bus at a stop to pick up passengers. One witness reported that, "Everything came down. I could see that because I just came from down that direction. It's all in the street and all over. It's sad."

The Department of Buildings said that there had been a previous complaint of fallen bricks near the site, which was made a few weeks ago on September 7th. The Deputy Mayor for Operations stated, "We're gonna do a full investigation here."

Although 18 people were injured in the accident, none of the injuries are thought to be life threatening. Early reports from an inspection of the site did not find any safety violations. Work crews will be trying to get the area cleared as soon as possible.

The Harlem workers' compensation lawyers with Markhoff & Mittman, PC, are relieved to hear that none of the injuries were thought to be life threatening after this frightening accident.

Florida Worker Fired for Wearing American Flag Pin

Wed, 19 Oct 2011 08:00:00 EST

A 26-year old man from Florida was recently fired because he wore an American flag pin to work and then refused to take it off.

Sean May was terminated from the Casa Monica hotel where he worked as a desk supervisor in St. Augustine. May had been wearing the same flag pin to work every day for the last two years but on Friday management told him to remove the pin to abide by company policy.

May defended himself by relating the number of compliments about the pin during his time of service. The hotel management however mentioned that the employee handbook clearly states that nothing outside of the company uniform should be work and that patriotism had nothing to do with the action taken. May was sent home early from work on Thursday when he initially refused to remove the flag pin. He was fired from his position the next day.

While there has been public outrage against the hotel, it appears that a recent change in hotel leadership may have sparked the dress code issues being raised. Kessler Enterprise recently took over the Casa Monica hotel.

May did not state if he planned to seek his job back or what his future intentions were for finding work. Locals were quick to applaud May's perceived act of heroism for standing up for American patriotism.

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.

FDNY On-the-Job Back Injury Cited in New Lawsuit

Tue, 18 Oct 2011 08:00:00 EST

Frank Sorito, a firefighter and 29-year veteran with the FDNY, has filed a lawsuit against the City and the FDNY to obtain compensation for a severe on-the-job back injury in New York. The lawsuit was recently filed in St. George with the state Supreme Court.

Sorito alleges that he was injured at work in New York when he was crushed by a 40-ton mobile decontamination unit. The incident is said to have taken place on December 10th, while he was assigned to Engine Co. 160. According to Sorito's attorney, the decontamination vehicle was normally parked across the street but had been moved inside to be serviced.

Sorito was inside the station at the time of the alleged incident and was standing behind the 40-ton vehicle, which was unattended. The vehicle apparently moved, crushing Sorito and causing the back fractures. Sorito says he has been unable to return to work due to this serious back injury. Sorito's attorney has stated that the vehicle's brakes were not engaged at the time of the incident.

Neither the FDNY nor the Law Department has commented on the pending lawsuit.

The Bronx workers' compensation lawyers with Markhoff & Mittman, PC hope Mr. Sorito is continuing to recover and is able to receive the proper medical care.

85 Year Old Bronxville Man Hit By Cab, Dies

Tue, 18 Oct 2011 08:00:00 EST

An 85 year old Bronxville, New York resident lost his life on Saturday while attempting to cross Pondfield Road. A taxi driver hit Alfred Copeland while driving his cab on the vicinity. Investigators believe the glare of the sun may have been a contributing factor to the accident which occurred around 8:30 in the morning.

After Copeland was hit, he was transported to Sound Shore Medical Center in New Rochelle. Authorities on the scene said that initially Copeland did not appear to have suffered life-threatening injuries. He was conscious and speaking the day after the accident. However, Copeland later died from his injuries while recovering in the hospital.

There have been no charges filed against the taxi driver, William O'Hara. The Westchester County District Attorney's office has the case and is reviewing the evidence. O'Hara, age 68, was driving east on Pondfield Road near Garden Avenue when the accident occurred. The vehicle was a 2006 Crown Victoria registered to Cross County Taxi and the driver was licensed to provide taxi services in the village.

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.

If You Ride a Bike for Work, Beware of East Harlem

Mon, 17 Oct 2011 08:00:00 EST

Anyone who has to be on a bike during working hours faces a lot of dangers on the road. In fact, you probably have at least a few routes you think might be an accident waiting to happen. A recent report on pedestrian-bike accidents looked at a few New York neighborhoods to assess the danger level of each. Their results pointed to East Harlem as the most dangerous place for cyclists and pedestrians.

Bike couriers, restaurant delivery workers, and other bikers are often injured on the job in a bike wreck. Pedestrians and those who work at street level are also at risk. In fact, it was reported that around 1000 New Yorkers are hospitalized each year after a collision with a cyclist.

East Harlem topped the list for the most dangerous areas, but the Lower East Side and Chinatown in Manhattan were also listed as likely places for bike and pedestrian injuries.

Although this report focused on the injuries of pedestrians hit by bicyclists, it is important to note that cyclists are also at risk. Just about any bike courier can attest that getting hurt at work in NY is fairly common in the line of work.

The Bronx workers' compensation lawyers with Markhoff & Mittman, PC are glad to see the additional safety awareness this report could bring. We urge both bike workers and street-level workers to be alert and follow the rules of the road.

Construction Worker Suffers Fatal Fall from Church

Mon, 17 Oct 2011 08:00:00 EST

A man fell six stories through the ceiling from the top of a church building in the upper west side of Manhattan last week. The victim's name was not released but he was said to be a 33 year old construction worker who was on the site of the Church of St. Paul the Apostle located on West 60th Street.

Investigators believe the worker may have been electrocuted which working on a ladder. The man lost his footing and fell roughly 125 feet where he landed in the main aisle of the church. At the time of the accident, the man and a co-worker were setting up rigging systems for safety.

The pastor of the Church of St. Paul heard about the accident and came to the church to perform last rites on the victim. Mid-day mass had to be canceled on Thursday as investigators continued to look into the cause of this latest construction accident. It was noted that the site had been experiencing several electrical issues throughout the project.

The victim has been working on a restoration project for the church. At the time of the accident, the famous Rockettes dance team was in the basement practicing routines. Those on site reported hearing a ‘big bang' which startled those in the basement. The church is used as a rehearsal space for the Radio City Christmas Spectacular. No other injuries on the job site were reported. Investigation continues.

NY Man killed at Construction Site in Massachusetts

Fri, 14 Oct 2011 08:00:00 EST

A man from New York was killed last week on a construction site located at the Clark Art Institute in Williamstown, Massachusetts. John J. Hanson, an 82 year old Castleton resident was killed when he was hit by a piece of construction equipment and subsequently run over. Hanson was pronounced dead at the scene. Williamstown police and rescue volunteers were the first to respond to the scene of the accident.

The accident occurred about 7:30 in the morning. The prosecutor's office noted that Hanson was on the construction site as he was working for a subcontractor. There is an ongoing expansion project at the Clark Art Institute, a fine art museum designed by Tadao Ando where the accident occurred. It is being investigated by the state police assigned to the District Attorney's office as well as the Occupational Safety and Health Administration (OSHA).

Investigators have not released much information about the victim but it was believed he worked for a New York soil testing company in Castleton. The fatality on the construction does highlight the dangers of working on a construction site with multiple tasks being completed at the same time. Heavy equipment and building materials often make it difficult for operators to see workers close by, resulting in serious worker injury and fatalities.

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.

Workplace Deaths Stemming from Fires on the Rise

Thu, 13 Oct 2011 08:00:00 EST

The United States Bureau of Labor Statistics has recently released information regarding fatal injuries on the job site that result from fires. According to statistics, work-related deaths caused by fire have more than doubled in number from 2009 when the number was just 53. In 2010, that number jumped significantly to 109 workers, which is now the highest rate of burn-related deaths since 2003.

Many of the fire-related work deaths were the direct result of poor supervision. In the cases where fires were accidental, the reason fatalities occurred is due to the lack of proper equipment for fire safety and rescue. Both situations are an act of negligence on the part of the employer.

Fires on the job site occur from multiple triggers including electrical fires, equipment fires, and explosions. These fires result in severe burns which have prompted long hospital stays and extended periods of therapy to recover from, if recovery is possible. Burns from fires can be serious and cause multiple related health complications that end in death.

Employers have an obligation to instill in their workers the proper protocol for dealing with accidental fires as well as the precautions necessary to prevent these fires. With the statistics showing that more deaths than ever have occurred due to on the job fires, it appears that a closer look needs to be taken in regards to fire safety and practices in American businesses.

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 Safety Work Week Is Heralded

Fri, 07 Oct 2011 08:00:00 EST

The US Department of Transportation is highlighting the importance of avoiding distractions while driving. Due to the increase availability of technology, distracted driving has reached a new high. Texting and phone calls while behind the wheel have been the cause of many deadly accidents, claiming the lives of the young, the old, and the innocent.

Distracted driving is not restricted to those in a vehicle. Accidents are also the result of cyclists, pedestrians, and vehicle passengers who are distracted and end up causing accidents. These accidents occur while commuters head out to work each morning, go home each evening, and in the hours between. Those who drive for a living are also at great risk for being injured in a distracted driving related incident.

In fact, those who work behind the wheel for a living may be at a higher risk for causing accidents. Today, people expect fast service and in the transportation and delivery industries that may mean everyone is in a hurry to get the job done. This can cause careless mistakes that lead to vehicle collisions or driver injury.

The Drive Safety Work Week is offering tip sheets to help drivers survive life on the road on the campaign website. The tip sheets are for drivers, employers, employees, passengers, pedestrians, and cyclists to help refresh minds about the dangers of becoming distracted while on the move. The site also lists many resources that can help promote better safety standards among the nation's drivers.

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.

New Paltz NY Police Officer Indicted for Workers Compensation Fraud

Thu, 06 Oct 2011 08:00:00 EST

A grand jury in Ulster County, NY has indicted a police officer on chargers of workers compensation fraud. Officer Camille Bishop, resident of Saugerties NY, was alleged to be guilty of filing false reports about a back injury she received on the job.

Bishop, age 39, was accused of several crimes including workers compensation fraud, grand larceny, attempted grand larceny, residential mortgage fraud, first-degree perjury, and offering a false instrument for filing.

Bishop was apparently caught trying to file false claims concerning a bank injury while applying for a home equity loan. She was also charged with misrepresenting her income for the purposes of obtaining the loan. The prosecutors on the case have alleged that Bishop's participation in the workers compensation fraud was for benefits in excess of $50,000. The police officer was not on active duty at the time she filed the false claims.

Bishop turned herself over to authorities and was arraigned in Ulster County. She was a police officer in Ellenville from early 2000 until 2005. Representatives from the New York State Workers Compensation Board as well as the Fraud Bureau of the New York State Insurance Department assisted with the investigation. All of the charges on Bishop are felonies except for the mortgage fraud which is classified as a misdemeanor.

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.

9/11 Zadroga Fund Has Been Reopened for Applicants

Mon, 03 Oct 2011 08:00:00 EST

The newly opened September 11^th Victim Compensation fund is set to once again take applications. The fund was started to help workers who become sick after they put in time working at Ground Zero after the terrorist attacks. The fund is opened to workers, residents, and others who were involved in rescue and clean up efforts.

The new allocation of $2.8 billion was prompted by the new federal law that reopened the fund, including consideration for those who had their applications denied the first time around. The $2.8 billion fund was established as a compensation fund and another $1.5 billion was set up for medical monitoring and treatment of workers who developed various illnesses stemming from Ground Zero's environment.

The applications are being accepted online at some point in the near future and the deadline to apply for compensation and help is October 3, 2013, or within a two year time frame from when the individual learns of their injury or illness diagnosis. The Zadroga program will run for a total of six years. The special master of the fund announced that the newly established website will not be able to process applications just yet but those who are in need of assistance will be able to get help figuring out what information will be necessary to file a claim.

Initially, Congress set up the fund with $6 billion going to families of the terrorist attack victims and $1 billion going to the injured workers at Ground Zero. Congress then passed the James Zadroga 9/11 Health and Compensation Act in 2010 to ensure that help would be available for other people involved in the attacks and their aftermath.

Insurance Companies Disputing World Trade Center Claims Twice as Often

Sat, 01 Oct 2011 08:00:00 EST

According to a report from the New York Workers Compensation Board, insurance companies are disputing individual claims of illness and injuries related to 9/11 attacks on the World Trade Center at twice the rate of disputes made to illness and injury insurance claims that are not related to 9/11. About 41% of World Trade Center related claims are disputed by insurance companies, compared to about 16% disputes for all other claims.

In the NY Workers Compensation Board report, it indicates that rescue, recovery and cleanup workers who persist and keep at their claims do end up receiving coverage through Worker's Compensation- but more than 4,000 claims have been dismissed because the individuals submitting the claims failed to attend meetings and provide medical evidence of their claims.

While it is now possible for the first responders at the World Trade Center attacks to receive compensation for the illnesses and injuries - they sure haven't made the process easy and many people give up before receiving that compensation. The Occupational Safety Director of AFSCME's District Counsel 37, Lee Clarke, indicates it takes from 18 months to 3 years to get claims resolved.

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.

9/11 Crane Collapse At Washington DC's National Cathedral

Wed, 28 Sep 2011 08:00:00 EST

Just hours before the National Cathedral memorial celebration of the 10th anniversary of September 11th, a tragedy occurred when a crane collapsed on the cathedral's construction site.

Construction workers who were repairing the damage at Washington's National Cathedral were using the crane to fix the structural issues caused by the recent 5.9 magnitude east coast earthquake which occurred August 23, 2011. At the time of the collapse, the crane operator was working to lower the boom resulting in the crane toppling over. At the time, there were reported wind gusts of up to 50 mph in the area of the construction site which may have contributed to the accident.

According to reports, the only injury sustained on the construction site during the collapse was the crane operator. He was in the cab of the crane at the time of the incident. The operator was subsequently taken to a local hospital and was released later that same day. There was no damage reported to the cathedral itself but reports indicated the cathedral's gift shop as well as several vehicles parked in the vicinity were damaged during the crane collapse. Two other workers were reported injured the next day as they tried to disassemble the crane.

The National Cathedral was to have hosted two major events commemorating the attacks on the NY World Trade Centers. However, due to the construction site incident, both events had to be moved to other locations. OSHA teams are investigating the crane accident. The company that operates the crane had been cited in 2006 for not providing protective equipment for workers. Another citation was issued to the company in 2007 when a worker was engaged in job duties within swing radius of a crane in operation mode.

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.

Night Shift Workers Locked in Supermarket Like Caged Animals

Tue, 27 Sep 2011 08:00:00 EST

Fine Fare Supermarkets on Mermaid Ave in Brooklyn is sited for several workplace safety violations after OSHA inspection found night shift employees were locked into store and unable to leave building without employer permission. Proposed fines to the company are $62,300. Emergency exits cannot be blocked or obstructed for employees - the OSHA standard requires that employees can open a door from the inside without keys, special knowledge or tools - and OSHA's inspection discovered all five exit doors are locked at night and cannot be unlocked without the employer's permission.

"These workers were essentially caged and that is completely unacceptable," said Kay Gee, OSHA's area director based in Manhattan. "Employees must be able to exit the workplace swiftly in the event of a fire or other emergency. When they cannot do so, they face serious injury or death from burns and smoke inhalation."

The Occupational Safety and Health Act (OSHA) was created to provide a safe workplace to all employees and prevent employees from injuries or death at work. If you are injured at work, or forced to work in unsafe work conditions, you can obtain assistance from experienced NY workers' compensation lawyers like Markhoff and Mittman.

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.

Disability News - You're One Stop for Injury and Disability News - Septemberissue

Mon, 26 Sep 2011 08:00:00 EST

Injured at work? Applying for Workers' Comp Benefits? Disabled? Applying for Social Security Disability benefits? Read Disability News - the monthly newsletter from White Plains based disability law firm, Markhoff & Mittman.

Westchester County Ground Zero Worker Injuries Have Lasting Effect

Sat, 24 Sep 2011 08:00:00 EST

As the anniversary of the 9/11 attacks on the World Trade Center is remembered in New York and around the nation, many New York worker injuries continue to affect the firefighters, police officers, and others who selflessly came to the rescue on that terrible day.

For some, it is the aftermath of broken bones, crush injuries, and other external injuries sustained on the job. For others, it is continued respiratory problems such as asthma, scarring, and sarcoidosis, which make daily life a struggle. Sadly, many of these workers remain uncompensated for their injuries and medical care. For each worker who has received Social Security disability or workers' compensation for Ground Zero injuries, there are even more who have not.

The Zadroga Act offers some hope to injured Ground Zero workers who are struggling to take of themselves and their families, but it might not be enough. Many illnesses and disabilities have been attributed to work at Ground Zero; however, there is still some uncertainty as to which specific illnesses will be covered by the Zadroga Act. Cancer is still not on that list. So what will happen to the injured Ground Zero workers who are not covered?

The White Plains disability lawyers with Markhoff & Mittman, PC salute the heroic acts of our firefighters and police officers from Yonkers, Peekskill, White Plains, and elsewhere who all rushed in to do their part. If you have questions regarding your rights to compensation for your work injuries, contact our office.

Plattsburgh Worker Injured in New York Roof Collapse

Fri, 23 Sep 2011 08:00:00 EST

A project supervisor working at Ames Plaza in Plattsburgh was injured on the job by falling debris on August 25th. The work crew was part of an asbestos-removal company helping to dismantle the Ames Plaza shopping center.

As the roof of the shopping center was taken apart, some debris from the project reportedly fell from the roof area. A worker was using a hose on the building as the collapse took place and was trapped beneath the debris. Rescue workers were called in from the District 3 Fire Department, the CVPH Medical Center, the State Police, and the local police. The man was freed around 9:15 AM and transported to CVPH Medical Center for treatment. His name has not yet been released.

According to reports at the site, the worker was able to speak to rescuers during the extraction. His worksite injuries are not thought to be serious at this time, although no further information about his condition has been released.

Your New York workers' compensation lawyers know that worksite accidents happen all the time and without warning. We hope this injured construction worker makes a full recovery and can be back on his feet soon.

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.

Construction Worker Killed at Demolition Site

Wed, 21 Sep 2011 08:00:00 EST

On Thursday, September 15th, a construction worker employed by a New York demolition company, was killed at a demolition site in Belltown, Washington. The worker suffered severe neck injuries on the 22nd floor of the building being demolished due to faulty construction, located at 210 Wall Street, and was quickly lowered to the ground by crane so paramedics could perform CPR.

The man was using a Bobcat loader to push debris down a chute when the man was injured, but there are conflicting reports as to what actually caused the accident. Initial reports stated the man fell, but now it seems he may have drove the Bobcat into a piece of rebar which caused the fatal injury.

The construction accident is being investigated by the Department of Labor and Industries.

The construction worker's death is the fourth construction-related worker death and the 32nd work-related fatality in Washington this year, but similar accidents and construction worker deaths happen around the country.

Work Stress a Chief Factor in Disability Claims

Wed, 21 Sep 2011 08:00:00 EST

Researchers have released data taken for a five-year study of 7,000 employees between the ages of 45 and 65. The results that were released show what has long been a belief of employees - stress on the job has deeply impacted the health of individuals.

In fact, stress is attributed as the factor for more than a quarter of all people who are receiving disability benefits. These disability claims step from physical illness caused by stress. The other two-thirds of those filing for disability are said to be due to mental health issues.

Stress has been found by the medical community to play a large role in the overall health of individuals. Because of the recent findings that work stress is leading to more physical illness, there is likely going to be consequences for employers who tend to increase the stress around the work environment.

In a study conducted by Chartered Management Institute, 40% of employees credited their supervisor as being the largest factor in work-related stress. 34% of the individuals interviewed felt their boss also made work less than a pleasant place to be. An additional 10% further stated that their poor health and medical conditions were the direct result of the boss's actions.

Experts have suggested that employers offer up wellness programs for employees who are dealing with too much stress to reduce the amount of health conditions amongst employees. Employers should also be striving for workloads and job duties that are more manageable to prevent overloading workers and heightening stress levels associated with illness.

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.

Alternative Technique for Hip Surgery

Mon, 19 Sep 2011 08:00:00 EST

Hip replacement surgery generally involves the surgeon entering the hip joint from the side or back of the patient - referred to as the lateral or posterior approach. An alternative technique for hip surgery requires special surgical training, and involves the surgeon entering the hip joint from the front in what's called the anterior approach. Many doctors argue the procedure is better, allowing hip replacement patients to return to work or their lifestyles faster and with less pain than the traditional methods.

Dr. Corey Burak has completed more than 900 anterior hip replacements since 2006. Patients receiving this type of hip surgery often lie on their back on a special operating table with extensions for positioning the legs. The surgeon makes a 3 to 4 inch incision on the front of the hip, and then work in between the muscles and tendons. In the traditional hip replacement surgery methods, the doctors detach or cut the muscles and tendons, which is believed to be the reason recovery for anterior hip surgery is faster.

Dr. Eric Grossman, a surgeon who uses the anterior hip replacement surgery in Northern Westchester Hospital in Mount Kisco says "That's the major advantage in terms of the recovery and the patients' ability to be more active quicker," in regards to not having to cut or detach muscles and tendons.

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.