Newburgh, NY Personal Injury Blog

The New York Court of Appeals recently issued six rulings in the same day, answering an important question for many injured New York workers. The court found that private insurers must pay money into trust funds in certain workers' compensation cases.

The controversy surrounded the application of the New York Workers' Compensation Reform Bill, which became law in 2007. Injured workers filed six separate cases concerning how the law should affect them.

The New York Court of Appeals' Work Comp Ruling

The worker in the main case had been injured before the new law came into effect, but his workers' compensation settlement was finalized after the law was in place. The question before the appeals court was whether the law requires private workers' compensation insurers to follow the trust-fund aspects of the law in this situation.

A news release from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has alleged 21 violations of OSHA standards at the Met Weld International plant in Altamont, NY.

Met Weld could be subject to $49,210 in fines as a result of the findings from safety inspections carried out by OSHA at the plant.

Eight Serious Violations

The OSHA news release describes the most serious violations; including a cabinet for flammable liquids failing to meet fire standards, fire extinguishers that were blocked, no training for use of fire extinguisher, an augur that could restart while workers removed jams and an air compressor that lacked a carbon monoxide or high temperature alarm.

A "serious violation" is defined by OSHA as "occurring when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known." OSHA proposed $28,910 in fines for these violations alone.

Other Violations

The other 13 violations included 2 repeat violations and 11 other-than-serious violations. "It is imperative that the employer address these conditions promptly and take effective steps to prevent them from recurring," said Edward Jerome, OSHA's area director in Albany.

A recent crane accident in New York illustrates the inherent dangers construction workers face every day in the workplace. The fatal accident occurred when a 35-ton crane tipped onto its side in the Genesee River gorge, pinning the operator underneath.

The 69-year-old man spoke with rescue and medical workers for three and a half hours following the construction accident before succumbing to his injuries. Rescue workers were hopeful after they were able to free the man's upper body, but the shock of his injuries to his lower body was too much to overcome when the pressure of the crane was relieved - the man tragically died at the scene.

Rochester Fire Chief, John Caulfield, told the Democrat and Chronicle, ""To say that this has been traumatic for the rescuers is an incredible understatement. They went from having face-to-face conversations with him to watching him die in front of their eyes."

According to recent study, the total number of disability and workers' compensation claims has not changed drastically, despite a weak economy - and costs associated with disability and workers' compensation claims has only risen slightly.

Workers' Comp Study

The Integrated Benefits Institute reviewed short and long-term disability claims for 13,000 employers from 2008 to 2010. The researchers initially expected to find a falling rate of work related injuries and illnesses claims as workers tried to hang onto jobs. On the other hand, they thought it was quite possible that a downsized workforce might lead to increased job pressures and also more serious health conditions.

The study noted a 12 percent increase in short-term disability claims between 2008 and 2009. However in 2010, claims actually decreased. This drop in 2010 resulted in a three-year increase of just 6 percent. During the same three-year period, the cost of claims increased only 7 percent.

Labor leaders are concerned that treatment guidelines recently passed by New York's Workers' Compensation Board will put at risk the insurance of thousands of retirees and workers. Specifically, the new guidelines limit coverage to treatments that produce "functional improvement," which labor leaders argue will exclude those with long-term chronic pain conditions.

Bruce Silber, president of the New York Chiropractic Association, told the New York Daily News, ""They basically tried to throw out all injured workers with chronic conditions." Silber added, "They give them approximately two to three months to get better."

Silber claims these guidelines are not only being applied to the newly injured, but also those who have been receiving therapy for years. For example, a retired Verizon employee, Jim Beamish, was recently dropped by his chiropractor after 13 years of therapy because of the new guidelines.

As the tenth anniversary of 9/11 quickly approaches, we are reminded of the heroes created in the dust and rubble of that day. Heroes - such as police officers, fireman and paramedics - who rushed to the scene with total disregard for their own safety, and only concerned about others.

In the immediate aftermath of these attacks, the last thing on the minds of these first responders was the airborne dust wreaking havoc on their lungs. In fact, tons of asbestos, not to mention mercury and lead, were being mixed in the air and unknowingly inhaled by victims and first responders after the twin towers fell.

One of the first people to arrive after the World Trade Center attack was paramedic Marvin Bethea, who didn't hesitate to give his protective mask to one of the victims of the attack. "We were totally blind, and it was like somebody was throwing a bucket of dust down your throat," Bethea recollected to the Global News. "We didn't realize the dirt was toxic."

A recent Workers' Compensation Board report indicates that New York state's insolvent workers' compensation trusts are running at a nearly $1 billion deficit. The shortfall, thought to be $600 million last summer, is now put at $924.7 million.

The report was drafted in accordance with a new state law requiring semi-annual reports on the 17 insolvent workers' compensation trusts in New York. The new legislation was in response to a dispute between the state and Compensation Risk Managers (CRM) in which the state alleges fraud and mismanagement on the part of CRM.

The ceiling for workers' comp benefits is on the rise in New York. Weekly benefit payouts could potentially increase for thousands of workers' compensation claimants. The benefit increase is part of an adjustment that NY regulators consider each year. This is welcomed news, as adjustments are needed frequently to accommodate inflation and the rising cost of living for New Yorkers.

New York's workers' comp system helps people survive financially when they experience a workplace accident or work-related illness. Unfortunately, New York's workers' compensation system does not always run as smoothly as it should.