Dennis Kenny LawAlbany and Newburgh, NY Workers' Compensation Lawyer | Law Offices of Dennis Kenny2026-05-20T03:21:29Zhttps://www.denniskennylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1601090/2020/06/cropped-og-image-32x32.pngOn Behalf of Dennis Kenny Law<![CDATA[How long a New York workers’ comp case takes to resolve]]>https://www.denniskennylaw.com/?p=482282026-05-20T03:21:29Z2026-05-20T03:21:29ZA work injury can disrupt your income, your health and your daily life. Knowing how long the workers' compensation process takes in New York may help you plan ahead and avoid surprises.
How long most cases take
Most New York workers' compensation cases resolve in six months to two years. Straightforward, uncontested claims tend to close faster. Cases involving serious injuries, disputes or appeals often take longer. Some complex cases stretch to three years or more.
What the law requires
New York Workers' Compensation Law sets clear payment deadlines. UnderWCL Section 25, the insurance carrier must begin paying benefits within 18 days after your disability begins. If the carrier learns of your injury later, payment must start within 10 days of that notice. Carriers that miss these deadlines face financial penalties.State law also requires a seven-day waiting period before wage benefits begin. If your disability lasts more than 14 days, benefits become retroactive to your first missed day of work.
What affects your timeline
Several factors can shorten or extend how long your case takes. Here’s what you need to know:
Injury severity: More serious injuries require more medical evidence and longer recovery periods.
Maximum medical improvement (MMI): Settlement talks usually cannot begin until a doctor certifies your condition has stabilized.
Disputed claims: If the insurer contests your injury or its severity, hearings and appeals can add months.
Medicare set-aside approval: Cases requiring Centers for Medicare and Medicaid Services review may take four to 12 additional months.
Board approval: The New York Workers' Compensation Board must review any settlement before it becomes final.
Each of these steps adds time, so your case may not follow a single predictable path.
What to do if your claim stalls
If the insurer misses a deadline, you may file Form RFA-1W. This alerts the Workers' Compensation Board to review your case and take action.
Get guidance before accepting any settlement
A workers' compensation case involves decisions that can affect your benefits for years. Speaking with a lawyer may clarify how these rules apply to your situation. An attorney can review your claim and help you understand your options before you agree to any terms.]]>On Behalf of Dennis Kenny Law<![CDATA[Scaffold law in New York: What workers should understand]]>https://www.denniskennylaw.com/?p=482122026-02-12T12:05:29Z2026-02-12T12:05:29ZUnderstanding when the New York scaffold law may apply to a construction injury
You may encounter special legal rules when an incident involves elevation risks. These situations often include scaffolds, ladders, roofs, platforms or other elevated work areas. The focus usually centers on whether proper safety equipment existed and whether it functioned as intended.
If you suffer injury due to falling objects or falls from height, the law may examine the role of owners, contractors or others who controlled the work environment. Responsibility may extend beyond your direct employer depending on the circumstances.
Recognizing legal responsibilities, protections and claim pathways after an incident
After a scaffolding incident case, you may explore more than one legal path. Workers’ compensation may address medical costs and wage issues. At the same time, separate claims may arise when another party contributed to unsafe conditions. The following details often become relevant when evaluating possible legal options:
Equipment involved in the event
Condition of ladders, scaffolds or safety devices
Company or supervisor directing the work
Photos, incident reports and witness information
Each detail may help clarify whether additional claims exist alongside workplace benefits.
What to consider as deadlines begin to apply
If you experienced a height-related incident, timing may matter. New York uses different deadlines for different claims. Workers’ compensation rules often require notice to your employer within about 30 days. Filing may occur within about two years.
Personal injury claims against other parties may allow up to three years to start a case. Shorter time limits may apply when a public entity is involved. Each situation differs. Early review may help you understand what options might still exist.]]>On Behalf of Dennis Kenny Law<![CDATA[Who is eligible for New York workers’ compensation benefits?]]>https://www.denniskennylaw.com/?p=482102025-11-18T21:48:29Z2025-11-18T21:48:29ZWorkers’ compensation helps protect both employers and employees. New York state statutes make businesses responsible for carrying workers’ compensation coverage. Businesses derive protection through indemnification. They do not need to worry about workers suing the business directly due to an illness or injury in most cases.
Employees benefit from workers' compensation because they have access to medical coverage and disability benefits without needing to navigate the legal system. Some people wrongfully assume that they are not in a position to file a workers’ compensation claim. They may end up using paid leave and health insurance benefits instead of seeking workers' compensation. Who might be eligible for workers’ compensation benefits?
Most employees are eligible
New York's workers’ compensation program requires that most businesses with direct-hire employees carry workers' compensation coverage. Benefits are available from the very first day that a professional is on the job. Their work history does not dictate their eligibility for benefits. Professionals do not need to be full-time employees to file a workers’ compensation claim. They do not need to have a minimum number of shifts or hours of work to qualify.
Injuries and illnesses can qualify
Many professionals recognize that workers’ compensation can help them if they get hurt in an incident on the job. However, workers’ compensation also applies to cumulative trauma and work-acquired medical conditions. Firefighters diagnosed with cancer, for example, might be able to show that chemical exposure on the job caused their illness. Those with repetitive strain injuries caused by their job functions could also be eligible for benefits. An applicant does not need an incident report showing that they got hurt on the job. What they truly require is medical evidence connecting their diagnosis to their employment. Even those with pre-existing medical conditions that worsen due to employment could be eligible.
Fault is generally not a factor
Employees can make mistakes due to distraction or fatigue that lead to serious injuries. Those who feel guilty about contributing to an incident might convince themselves they are not eligible for benefits. However, workers’ compensation is a no-fault insurance program. It does not matter who is at fault in most cases. Employer fault is not necessary for a worker to be eligible for benefits. Businesses usually cannot blame workers for their injuries as a means of avoiding culpability either. Those unsure of whether they might qualify for workers' compensation benefits may need to discuss the matter with a lawyer. Reviewing medical records and employment demands can help professionals determine and manage the claims process.]]>On Behalf of Dennis Kenny Law<![CDATA[Is it worthwhile to appeal a denied SSDI benefits application?]]>https://www.denniskennylaw.com/?p=482092025-08-29T11:41:32Z2025-08-29T11:41:32ZAppeals increase approval rates
When looking at the outcome of SSDI applications, the initial approval rate is relatively low. An average of 21%, or roughly one in five, applicants receives approval when they initially apply. However, the final approval rate is an average of 31%. Approximately 10% of applicants receive benefits as part of an appeal.
The reconsideration stage has an average 2% success rate for applicants. Another 8% of applicants, on average, secure benefits through a hearing in front of an administrative law judge. For people with mistakes regarding paperwork or insufficient medical documentation, an appeal can help them remedy those issues.
Appeals can lead to backdated benefits
Applicants who recognize that they made significant mistakes on their initial paperwork or failed to provide enough medical evidence might consider simply reapplying. Doing so might seem like a faster solution, but it is not necessarily the best option available.
Applicants who successfully appeal may receive approval for not just monthly benefits but also backdated benefits. They can receive a lump-sum payment for the benefits they should have received if the SSA had made the right determination when they initially applied.
Appeals can make a major difference for people struggling with a sudden loss of income and the various financial challenges that accompany debilitating medical issues. Securing support when applying for SSDI benefits or appealing an initial decision can be helpful. Applicants with legal assistance can focus on addressing their practical needs while a professional oversees the bureaucratic SSDI application or appeals process.]]>On Behalf of Dennis Kenny Law<![CDATA[What group is most at risk on construction sites?]]>https://www.denniskennylaw.com/?p=482082025-05-29T18:43:19Z2025-05-29T18:43:19ZHispanic workers are especially vulnerable
Those pursuing blue-collar jobs develop specialized skills and perform arduous physical labor for their employers. Some groups of people are more likely to accept lower wages and hazardous working conditions, which likely affects the reported fatality rates at construction sites.
In a shocking analysis, the Census of Fatal Occupational Injuries found that the death rate among Hispanic construction workers more than doubled between 2011 and 2022. In 2022, there were 408 reported fatalities, which represents a 107.1% increase.
Workers of every other race saw fatalities increase by 16.5% during the same time. The total number of fatalities among workers of non-Hispanic workers was 679 in 2022. This staggering disparity highlights discrepancies in employment practices.
Factors including language barriers, a lack of familiarity with safety regulations and questionable employment practices may all contribute to the risk that Hispanic professionals experience at modern construction sites. When construction professionals experience work incidents, they may need a leave of absence and medical care. In the worst-case scenario, they die prematurely, leaving their families without support.
Both workers’ compensation and civil litigation can be viable sources of support for those affected by construction site work incidents. Reviewing the circumstances surrounding a construction work injury with a skilled legal team can help the people affected explore their options for financial support.]]>On Behalf of Dennis Kenny Law<![CDATA[Injured while impaired: What does it mean for workers’ comp?]]>https://www.denniskennylaw.com/?p=482022025-02-28T13:34:45Z2025-02-28T13:34:45ZWorkers’ compensation benefits are typically available for people who suffer an injury at work even if they were in part responsible for the injury. This means a worker who wasn’t exercising the caution they should have generally isn’t denied benefits as long as they weren’t intentionally trying to harm themselves or someone else or engaged in “horseplay” as it’s called in workers’ comp parlance. Another exception to workers’ comp “no-fault” policies is when an injury resulted from the worker being under the influence of alcohol and/or drugs. However, in some cases, a worker who was impaired at the time they suffered an injury may still qualify for workers’ comp if other factors were at play.
What to know about a 2024 New York appeals court ruling
Last year, for example, a New York appeals court upheld a New York Workers’ Compensation Board (WCB) ruling that a man was entitled to workers’ comp benefits for serious injuries he suffered after falling off a ladder when he was intoxicated. His employer contended that he only fell off the ladder because he was drunk at work and therefore not entitled to benefits.The WCB determined that other factors contributed to the accident. These included “the absence of another employee holding the ladder, a simple misjudgment of footing, the lack of a safety railing on an elevated surface or the inherent risk of working at height.” The Board ruled that because the man’s employer couldn’t meet the “heavy burden” of proof that his intoxication was the only cause of the accident, he was entitled to workers’ comp. The appeals court upheld that ruling.Being under the influence of alcohol and/or drugs (even some legally prescribed ones) can certainly place workers and those around them at serious risk of injury – particularly if they work in already risky occupations. However, it’s important for New York employees to know the law when it comes to their right to workers’ comp benefits. That’s one reason why anyone facing a denial or a fight from their employer or workers’ comp insurer is wise to get experienced legal guidance to protect their rights.]]>On Behalf of Dennis Kenny Law<![CDATA[When are workplace violence victims eligible for workers’ compensation?]]>https://www.denniskennylaw.com/?p=481962024-12-05T20:40:53Z2024-12-05T20:40:53ZWhat does New York law say?
Under state law, an employee who is the victim of workplace violence may be eligible to receive workers’ compensation if the violence “[arose] out of employment” and occurred “in the course of employment.” Examples include a robber shooting or striking an employee or two co-workers getting into a brawl over who gets to use a new piece of equipment.
The law states that there’s a “rebuttable presumption” that any injury occurring in the workplace – including injuries caused by violence – should be considered related to the job and thus be eligible for workers' compensation. That means, however, that if an insurer and/or employer can successfully rebut that presumption, the injured employee may not receive workers’ compensation benefits.
For example, two employees could get into an argument over sports that results in a stabbing or someone’s spouse could follow them to work and assault them. Such scenarios don’t “arise out of employment” even if they occur in the workplace.
There may be grounds for legal claims
In some cases, a victim may have grounds for a negligence claim against their employer or others (like a company hired to provide security). For example, if employees made multiple complaints about someone being emotionally unstable and threatening before they stabbed a co-worker.
Getting workers’ compensation benefits for injuries caused by workplace violence can be difficult. Seeking experienced legal guidance may improve a victim’s chances of presenting a successful claim.]]>On Behalf of Dennis Kenny Law<![CDATA[3 times an outside party may be liable for a work injury]]>https://www.denniskennylaw.com/?p=481952024-09-01T23:26:37Z2024-09-01T23:26:37ZViolence or a car crash
There has been a noticeable increase in violent incidents in places ranging from schools and hospitals to retail establishments in recent years. While workers' compensation does cover such cases, the person who attacks and injures a worker may also have liability for the harm they cause. Quite a few workplace injuries might relate to car crashes that take place on the job. Employees involved in motor vehicle collisions may be able to take legal action against another party who caused the crash for any losses beyond what workers' compensation covers.
A gravity-related incident
Building owners and the agents representing them are liable for any gravity-related incidents in the construction sector. While most construction employees may be eligible for workers' compensation, their above-average income is not eligible for full coverage. They may want to consider a lawsuit brought under New York's unique scaffolding statute to seek the difference between the benefits available and the full wages they lost.
A product failure
Workers in many different industries rely on tools and equipment to do their jobs safely and efficiently. If those tools malfunction due to a defect or design issue, the manufacturer may be responsible. Other times, there might be a rental company with liability if one business rents equipment and tools from another.
Workers often incur major expenses related to on-the-job injuries. Exploring third-party liability in addition to workers' compensation can be a smart decision for those who suffer serious work injuries. If an outside party has a degree of liability, workers can more fully recoup losses suffered due to an on-the-job injury.]]>On Behalf of Dennis Kenny Law<![CDATA[What are the 3 main types of workers’ compensation benefits?]]>https://www.denniskennylaw.com/?p=481842024-06-03T14:11:47Z2024-06-03T14:11:47ZMedical benefits
Medical coverage is the most commonly utilized form of workers' compensation. Many employees simply need stitches or a cast, and they can quickly return to work after they receive appropriate treatment. Unlike health insurance, which makes people who seek out medical care responsible for certain expenses, workers' compensation provides full coverage. Workers with job-acquired health challenges do not have to pay for medically necessary treatments. Those benefits can persist for as long as symptoms do in some cases. A successful workers' compensation claim can cover anything from surgical procedures to pain management medication.
Disability benefits
Occasionally, workers have illnesses or injuries that keep them away from their jobs. There are both short-term and permanent disability benefits available for those workers. Employees can receive partial coverage for their lost wages if they must take time off to recover after getting hurt at work. They may also be eligible for permanent benefits if they have to change professions or cease working because of catastrophic injuries.
Death benefits
The worst-case scenario for workers' compensation claims is when an employee dies. Surviving family members can qualify for two types of benefits. There are memorial and burial benefits that help cover the cost of a funeral. Depending on the county where someone lived and worked, funeral and memorial benefits may cover up to $10,5000 or $12,5000 in the most populous counties. Families can also receive wage replacement benefits that are comparable to the disability benefits available to injured workers.
Understanding the benefits available through New York workers' compensation can help people recognize when they need to file a claim. Benefits can reduce the financial harm caused by work-acquired medical conditions.]]>On Behalf of Dennis Kenny Law<![CDATA[Building a case: What are my rights if I broke my wrist while working construction?]]>https://www.denniskennylaw.com/?p=481822024-03-04T20:46:29Z2024-03-04T20:46:29ZHow do these accidents happen?
A broken wrist at a construction site is not uncommon. Various factors can cause this type of injury, such as:
Falls from heights due to unstable scaffolding or ladders,
Slips and trips over debris or uneven surfaces, or
Machinery accidents when the person operating the machinery did not follow safety measures or the safety measures failed.
A broken wrist requires medical treatment that can include immediate medical attention to assess the severity, immobilization with a cast or splint, possible surgery if the break is complex, and physical therapy to regain strength and mobility. It takes time before anyone with a broken wrist can heal and return to their daily routine — let alone get back to work and earning a paycheck.
Who pays for my medical treatment and missed wages?
Lawmakers put the workers' compensation program into place to help provide financial assistance and medical care for employees who sustain work-related injuries. Application for coverage generally entails prompt reporting of the injury to the employer, medical documentation detailing the injury’s extent and cause, and accurate completion of claim forms provided by the employer or insurer.
Unfortunately, even when injured workers follow these procedures, workers' compensation providers can deny claims. Common reasons to explain a denial can include:
Disputes over the injury being work-related,
Incomplete or incorrect claim forms, and/or
Missed deadlines for reporting the injury or filing the claim.
A denial is not the end. Those who are faced with a denial should review the denial letter for the reason and consult with a workers’ compensation attorney for guidance. Workers can generally file an appeal within the stipulated time frame. The worker will likely need to gather additional evidence to support the claim and may need to attend hearings where both the worker and the employer can present their case.
Workers must be vigilant in understanding their rights and the procedures to follow in the event of an injury. The workers' compensation system exists to support injured workers, but injured workers are wise to handle the process with diligence to help better ensure just outcomes.]]>