Bangel, Cohen & Falconetti, LLPWorkers' Compensation Lawyers Elmhurst Queens New York2024-03-12T19:19:40Zhttps://www.bcfcomplaw.com/feed/atom/WordPress/wp-content/uploads/sites/1101359/2019/03/cropped-siteicon-32x32.jpgOn Behalf of Bangel, Cohen & Falconetti, LLPhttps://www.bcfcomplaw.com/?p=492372024-03-12T19:19:40Z2024-03-12T19:19:40Zolder workers do not require temporary disability benefits at a significantly different rate than do younger workers.
However, the report did find that older workers are more likely to suffer permanently debilitating injuries or work-related fatalities.
In its report, the bureau acknowledged other studies which had concluded that older workers were involved in fewer work-related accidents than their younger counterparts.
Workers’ compensation is available for older workers
Under the law, older workers are entitled to the same level of benefits as younger workers. They also have protection both from retaliation due to their pursuing a claim and from age discrimination.
Even so, an older worker who suffers an injury may find pursuing a workers’ compensation claim frustrating.
For example, the employer or insurance carrier might raise questions about their prior health to avoid paying all or part of the claim.
They may also challenge whether the injury itself is due to the biological aging process or is work-related.
This is a possibility when a worker’s injury was gradual instead of the result of a significant accident. Examples of gradual injuries include progressive hearing loss or repetitive motion injuries.
An employer or insurance carrier may claim these types of injuries are due to aging and, thus, not eligible for benefits.
Having a workers’ compensation claim fully accepted or denied can be the difference between financial stability and serious monetary problems. An older worker who suspects they have a work-related injury should make sure they understand all their options and alternatives.]]>On Behalf of Bangel, Cohen & Falconetti, LLPhttps://www.bcfcomplaw.com/?p=492352024-02-28T16:40:00Z2024-02-28T16:40:00Znurses experience a disproportionate number of injuries due to overexerting their bodies.
This is not surprising since nurses frequently must lift or move patients as well as heavy and awkward medical equipment.
Interestingly, nurses also experience more injuries due to work-related violence than do other occupations. Patients can for different reasons get belligerent with the medical staff and could attack them or forcibly resist treatment.
Nurses also experience slips and falls at a comparable rate to the rest of the work force. They face exposure to toxins given the potential for needle sticks as well as their having to work in environments prone to contagious diseases.
Nurses may have to prove that their injuries are work-related
Many injuries nurses suffer involve strains, sprains or other soft tissue injuries, often to the back.
Sometimes, these and other injuries can be difficult to prove for workers’ compensation purposes, especially if the injury develops over time.
To give an example, sometimes an employer or their carrier may claim that a nurse’s injury must have happened off the clock.
In other cases, the carrier may admit that they should pay benefits but will still try to minimize the extent of the injury. Effectively, they could try to rush a nurse back to work before they are ready to return.
The nursing profession is one of service to others. Nurses risk their own health in lots of ways to protect the health of their patients. They deserve full workers’ compensation benefits if they get hurt or sick because of their profession.]]>On Behalf of Bangel, Cohen & Falconetti, LLPhttps://www.bcfcomplaw.com/?p=492322024-02-12T18:27:42Z2024-02-14T18:26:16Zin a hearing in which you will need to prove that you are entitled to workers’ compensation benefits.
Hearing basics
First, our readers should know that, in theory, the workers’ compensation system is indeed supposed to be pretty much “automatic.” In essence, the whole basis of the system is that employers are entitled to be shielded from legal liability, while employees get benefits if they are hurt on the job. Employers have workers’ compensation insurance for this purpose. However, there are situations in which an employer or the employer’s insurance company will dispute a claim.
Disputes may arise if, for example, an insurer: doesn’t believe a policy was in effect; doesn’t believe the employee was actually injured on the job; or maybe doesn’t even believe there is an injury at all. Of course, there could be other reasons as well. When it comes time for a hearing on your claim, it pays to be prepared.
The hearing will occur with a workers’ compensation judge presiding over the proceedings. All of the facts of the situation will be reviewed, including any medical records that were prepared due to the injury or illness in question. The employee’s wages will be examined as well. And, to a certain extent, persuasive arguments can be made to try to get the desired result. Ultimately, the decision is in the judge’s hands, including the decision on any amount of award.]]>On Behalf of Bangel, Cohen & Falconetti, LLPhttps://www.bcfcomplaw.com/?p=492302024-01-31T22:59:42Z2024-02-07T21:45:20ZAuthorized health care providers
Under New York law, most employers must carry workers' compensation insurance for their employees. This insurance pays for the medical care of employees who are injured on the job, but this does not necessarily mean that the workers can see any doctor they want.
Unless your treatment is necessary in an emergency, any medical care provider you see through the system must be authorized by the New York Workers' Compensation Board. Beyond that, your employer's insurance company may have other restrictions.
For instance, some insurers use a Preferred Provider Organization (PPO) program involving a network of providers. If your employer's insurer has a PPO program, you will most likely have to see one of the providers listed in the PPO network.
Why would you need a second opinion?
There are many reasons patients seek out a second medical opinion. In some cases, they just want to learn of all their options to treat a difficult condition.
But in workers' compensation cases, there may be other reasons. In some cases, workers suspect their doctor is beholden to their employer or their insurer and is therefore not giving them all the care they need, in an effort to keep costs down for the organizations that are paying the bills. In some cases, a second opinion can help bolster a worker's claim that they need care that the first doctor is not giving them.
Whatever your reasons, you do have the right to request a second opinion through workers' compensation, but only if you follow the rules.
First, any medical care provider you see for a second opinion must also be authorized by the Workers' Compensation Board.
Second, if your employer's insurer has a PPO or similar system, it may require you to see another doctor within its network. If you want to see an out-of-network doctor for a second opinion, you must wait until 30 days after your treatment has begun, and you must first notify your insurer.]]>On Behalf of Bangel, Cohen & Falconetti, LLPhttps://www.bcfcomplaw.com/?p=492282024-01-30T19:25:20Z2024-01-30T19:25:20ZYour eligibility hinges on several factors, including the location, timing and circumstances of the injury, along with whether the individual was engaged in work-related activities at the time.
Understanding workers’ compensation
Workers’ compensation serves as an insurance mechanism, offering cash benefits and medical care to employees who suffer injuries or illnesses directly related to their jobs. Employers bear the cost of this insurance and are prohibited from requiring employees to contribute to compensation expenses.
To be eligible for coverage, an injury must arise out of and occur within the course of employment. This necessitates the employee to be performing job-related duties at the time of the accident, and the cause of the accident must be linked to job-related risks.
Coverage for injuries during lunch breaks
Generally, injuries sustained during an employee's lunch break are not deemed work-related. For instance, spraining an ankle while walking to a deli for personal lunch is typically not covered by workers’ compensation. However, exceptions exist.
Exceptions to no lunch coverage
Coverage may apply if the injury occurs in a space provided by the employer, like a breakroom, due to the employer’s negligence (e.g., a poorly maintained area). Injuries on the employer’s premises or in areas under employer control may also be eligible for compensation.
Coverage may also apply if the employee is tasked with a work-related errand or duty during the lunch break, such as picking up items for the team. Coverage would also apply if the lunch break involves attendance at a work-related meeting, training or event beneficial to the employer.
Conclusion
Whether an injury during a lunch break or walk is covered by workers’ compensation depends on the circumstances and the nature of employment. Clarifying these aspects and taking appropriate steps can help navigate the process of seeking compensation for medical expenses and lost wages.]]>On Behalf of Bangel, Cohen & Falconetti, LLPhttps://www.bcfcomplaw.com/?p=492262024-01-17T11:31:17Z2024-01-17T11:31:17ZA Section 32 Waiver Agreement settles a workers’ compensation case
When a person negotiates a settlement of their workers’ compensation claim, it is called a Section 32 Waiver Agreement. This ends a workers’ compensation claim via a lump sum being paid out immediately. It replaces the ongoing payments an injured worker might be getting. They can also receive it as an annuity.
Since it is a negotiation, the worker should be fully aware of what it entails. There are options within the agreement such as settling the payments that were being made for lost wages while maintaining the medical benefits. Both can be settled simultaneously. The Workers’ Compensation Board will be presented with the agreement to approve it before it can proceed. The Board simply ensures that the agreement is legal. It will not intervene about its terms.
The terms of the agreement and a person’s situation will dictate whether a Section 32 agreement is a good idea. For example, settling the claim could be better financially than waiting for the weekly payments. The disability, the injured worker’s prognosis, the likelihood of needing extensive medical care and the possibility of being able to work in another job are all factors to consider.
The medical expenses are a common obstacle as settling the claim and ending medical care means that the person is responsible for their own treatment should they need it. That can be costly and lead to financial challenges.
Understand all parts of a workers’ compensation claim
As with any aspect of a workers’ compensation claim, deciding whether to settle it after benefits have been approved is a serious decision that can have short and long-term ramifications. For some, it is a mistake. For others, it is a beneficial step. Knowing the details of a settlement and what it means is essential from the start and helps with making an informed decision.
]]>On Behalf of Bangel, Cohen & Falconetti, LLPhttps://www.bcfcomplaw.com/?p=492242024-01-04T20:25:42Z2024-01-03T20:24:45ZWorkers' compensation process
It’s important to notify your employer about the injury or illness as soon as possible and in writing, usually within 30 days of the incident. The report should include the date, time, and location of the incident as well as a description of your injuries. It may be necessary to include medical records or other documentation to support the workers’ compensation claim.
The workers’ compensation board will determine whether you are eligible for benefits, including wages and medical care. Your healthcare provider will decide when you can return to work and whether you will have any work restrictions.
Pre-existing conditions
If you have a pre-existing condition, you are not automatically disqualified from receiving workers’ compensation benefits. The workers’ compensation board may review whether your work-related injury or illness made your pre-existing condition worse. If it did, you may be eligible for benefits.
You will need to establish a connection between the work-related incident and the worsening condition. In some situations, you may receive a portion of benefits related to the work injury or illness and a portion of benefits may be excluded.
There are several injuries that can worsen a pre-existing condition including repetitive stress injuries, slips and falls, traumatic injuries, exposure to toxic chemicals and stress related conditions like heart problems, anxiety, or mental health concerns.]]>On Behalf of Bangel, Cohen & Falconetti, LLPhttps://www.bcfcomplaw.com/?p=492212023-12-28T16:19:45Z2023-12-19T16:17:54ZWorkplace injuries in the first year
A recent study illustrates a surprising statistic. Roughly a third of all workplace injuries reported occurred during the employee’s first year on the job. The industries most prevalent in this statistic are restaurants, construction and transportation; however, logistic-related positions, such as manufacturing and wholesale, indicated risks as well.
Most common first-year injuries
Similarly, a third of all workers’ compensation costs were related to first-year injuries. The most common workplace injury listed in these claims was overexertion, which includes injuries resulting from twisting, reaching, lifting, jumping or related to the usage of a tool or machine.
The second most common injury for a first-year injury resulting in a workers’ compensation claim involves slips, trips and falls. While these injuries accounted for 23% of the injuries, they rank the highest for the cost per claim. Additionally, the 2022 report found that slips, trips and falls resulted in workers being out of work for an average of 83 days. This illustrates that significance this type of injury can have on an employee and employer.
Whether it is your first day on the job or your last day before retirement, a workplace injury is a possible risk faced by any employee. As such, it is important that employees understand their rights and options following a workplace injury. A workers’ compensation action not only aids with the losses suffered due to the injury but also ensures that the employee is able to adequately recover before returning to work.]]>On Behalf of Bangel, Cohen & Falconetti, LLPhttps://www.bcfcomplaw.com/?p=492182023-12-12T18:28:52Z2023-12-07T18:27:11ZAverage weekly wage and concurrent employment
The average weekly wage – referred to as AWW – is calculated by looking at the worker’s earnings for the previous 52 weeks before they were injured. It is not based on pay after taxes and other deductions. It is based on gross wages and overtime.
There are factors that could affect how it is calculated. For example, if the person did not work the full year before the injury, they worked fewer than four days per week, or they had different jobs for the past year. Those who were younger than 25 and had more than one employer when they were injured could have a different wage expectancy. The wages could be added together to come to a figure.
Concurrent employment is addressed under workers’ compensation law. In addition to how AWW is calculated, the employer for whom the employee was working at the time of the injury is also key during the process. That employer is liable for the benefits the injured worker would get even if they did not have another job.
When additional wages are awarded due to the concurrent employment, that will be paid by the employer the injured worker was performing duties for at the time. The employer can be reimbursed for those wages if they meet the criteria under the law. That employer remains liable for medical costs the worker accrues when being treated.
Workers’ compensation covers for those working second jobs
Injured workers and their families will want answers as to how the workers’ compensation process works, what can be done to maximize benefits and what steps are available to ensure they have a good chance at the claim being approved. An area that can be confusing is how people who worked more than one job will have their wages accounted for accurately and if the AWW can be higher.
For these and other concerns about workers’ compensation, it is wise to be fully protected and have accurate information about all aspects of a case. In some instances, there are disputes that cause delays or outright denials. For all parts of a claim, it is useful to have a grasp of the process and what can be done to make a full recovery physically, personally and financially.]]>On Behalf of Bangel, Cohen & Falconetti, LLPhttps://www.bcfcomplaw.com/?p=492162023-12-07T05:59:59Z2023-12-07T05:59:59ZBut, what is a repetitive motion injury and why does it matter?
Are they really that serious?
Yes. Repetitive motion injuries can seriously affect your quality of life and your ability to work. Repetitive motion injuries often limit your range of motion, reduce productivity and interfere with your everyday life. They often lead to chronic conditions that require rehabilitation and surgery, and in some cases, your repetitive motion injury could permanently disable you.
Why do they matter?
Not only do they matter because of their physical impact on you, but also because they can be the basis of a workers’ compensation benefits claim. This can cover your medical expenses, lost wages and disability benefits. However, obtaining benefits for a repetitive motion injury can be challenging because unlike other types of work-related injuries, repetitive motion injuries are not caused by a single event, but by cumulative stress over time. This can make it difficult to prove that your injury is work-related.
What do I need to prove?
To successfully claim workers’ compensation for a repetitive motion injury, you will need to provide evidence that your injury is directly related to your work duties. You will also need to prove that the repetitive motion injury has affected your ability to work.
You will also need to follow the proper procedures and deadlines for filing your claim in New York City. You will need to notify your employer of your injury as soon as possible, seek medical attention from an authorized provider and complete the necessary forms and documents. You also have to deal with insurance companies that may try to deny or reduce your benefits.
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