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Newburgh New York Workers' Compensation Law Blog

What if my New York workers' compensation claim is controverted?

People who are injured in a workplace accident will expect that their workers' compensation claim will be approved, and they will receive the benefits they are entitled to for treatment and wage coverage as they try to recover. However, not all cases are immediately accepted at face value by the insurance company, and they will controvert a claim. When a claim is controverted (denied) and the worker has legitimate injuries stemming from the work he or she was doing, it is important to know when this might take place and what to do about it.

There are many reasons why the insurer can controvert the claim. They might say that the injury did not happen due to work, the employee's injuries are being exaggerated, the injuries happened on a second job and more. It is also possible that the employer will request that the insurance company controvert the employee's claim. Still, it is ultimately at the discretion of the employer as the insurer has responsibility for the claim's liability. It does not need to adhere to such a request from the employer.

Workers investigating gas leak suffer burns in workplace accident

Keeping New York State running effectively and efficiently requires workers performing maintenance, repairs and construction. While these workers are generally competent and do their jobs safely, there remains an inherent danger in any task they are required to do. This is especially true when working with electrical and explosive materials. Those who are in an accident in these circumstances can face burns and other types of on-the-job injury. With the medical expenses and long-term damage that can result, workers' compensation and a legal filing are often the only available ways to cover what they lost.

An explosion led to three utility workers being burned. A gas leak is believed to have been the cause. The incident occurred in the early morning hours at around 1 a.m. The workers are employed by National Grid. After the explosion, the men were taken to the hospital for treatment. They were said to have minor burns. A spokesperson for the company stated that the workers were there to investigate a potential gas leak. As they dug, there was a spark and the subsequent explosion. Work in the area is ongoing to determine the source of the gas leak.

Tractor trailer rollovers and workers' compensation

Most understand that when you get an injury at work you are eligible for workers' compensation benefits. People are less sure of that when it comes to injuries that happen when working from home or traveling for work. This begs the question: are you eligible for workers' compensation if you get an injury while working outside your workplace?

On June 18, a tractor trailer driver was killed when his truck rolled over crossing a bridge near Schuyler, New York. This accident can serve as an example of how workers' compensation covers accidents outside the workplace.

What are disability classifications for workers' compensation?

Suffering workplace injuries in New York can cause concern for the worker and his or her family. The missed time on the job, lost wages, medical costs and uncertain future will inevitably lead to the worker seeking workers' compensation to provide for them as they recover. If they are unable to recover, workers' compensation benefits can help with that too.

However, workers are often unaware of the different disability classifications in which their injuries are placed. Knowing these classifications and how it can affect their workers' compensation benefits is important in a claim and knowing how to proceed. The classifications are: Temporary Total Disability; Temporary Partial Disability; Permanent Total Disability; Permanent Partial Disability, Non-schedule Loss; Permanent Partial Disability, Schedule Loss; and Disfigurement.

Electrical accident on the job hospitalizes Midtown hotel worker

In New York, work accidents can happen in any kind of job whether it is work that is viewed as physical and dangerous or sedentary and safe. The aftermath of these accidents is universal regardless of the kind of job it is. People who are injured after an accident on the job can be confronted with lost time at work, medical expenses and long-term problems as a result. Even jobs not thought to be significantly risky can have a safety hazard, an unsafe working environment or a mistake on the part of another worker or the workplace that causes the injuries. To ensure that the worker is compensated for all that was lost, a lawsuit is often necessary.

A worker was seriously injured in an electrical accident at a hotel in Midtown Manhattan after what was termed an "electrical incident." It did not reach the level of being considered an explosion. The Fire Department was called after it happened. The worker was found injured and transported to the hospital for treatment. He was in serious, but stable condition. It has not yet been reported what the cause of the accident was.

What if my workers' compensation claim is disputed?

For New York State residents who are injured on the job or suffer a condition because of their work and it prevents them from working, workers' compensation benefits can be a lifeline. They can cover for lost wages, medical expenses and more. However, there are times when there is a disagreement regarding the claim and it will be disputed. For those who file a workers' compensation claim and face a situation in which the insurer disputes it, it is critical to have legal assistance from an attorney who specializes in workers' compensation claims.

If the insurer disputes the claim, it generally means that it does not agree that a work injury occurred, that it has not insured the employer, or there is another justification. Workers should understand that this does not mean that the case is over. The Workers' Compensation Board will have a hearing on the matter. At the hearing, a judge will examine the case with the medical records, wages the worker earned when working, and any other factor relevant to the claim. A decision will be made as to whether the worker should get workers' compensation or not.

What can I do if there are toxic chemicals at my worksite?

Dangerous chemicals at a worksite can be hazardous to the health and welfare of the workers who must do their jobs in the chemicals' presence. In New York and throughout the rest of the country workers have rights when it comes to dealing with and avoiding chemicals that may do them harm. This post will briefly discuss a worker's options for working with toxic chemicals, but it does not provide legal advice or guidance on the topic.

Any time that toxic chemicals are at a worksite an employer must make their workers aware of them. This includes giving workers information about the chemicals and can include providing workers with Material Safety Data Sheets. They may also use warning signs and chemical labels to provide information to their workers about the hazards present at their work locations.

Surprising workplace injuries

Any workplace has its hazards whether you are building a skyscraper or working in an office on the 66th floor of one. It is possible to get hurt anywhere, but some injuries are just surprising.

The human body is strange, and long hours at work can take strange tolls on people. Here are a few of the ways workplace activities can cause injuries that you do not expect.

Construction site dangers cause many types of worker injuries

The hazards of working at a construction site are significant and when proper precautions are not taken New York workers can suffer injuries and death. There are a number of different ways that worksite deficiencies can cause injury-producing construction site accidents and this post will only touch on some of them. The information contained herein is not comprehensive on the topic of construction site accidents and should not be used as legal guidance.

One of the most common ways that workers are hurt in construction injuries is through falls. Not long ago this post offered an article on a construction worker who fell down an elevator shaft while at work; falls can occur from buildings, off of equipment as well as from scaffolding. When workers are not properly tethered to heights they can suffer damaging and dangerous falls.

Assembly member urges rejection of Scaffold Law "reform"

New York State’s Scaffold Law has repeatedly been targeted by business interests for elimination that is often mislabeled as "reform." They argue that the law drives up construction costs and makes it more difficult for women and minorities to get into construction work, Assembly member Phil Steck wrote recently in Albany's Times Union.

He argues in an op-ed piece that corporate America has been waging war on safety laws that it claims slow economic growth. Steck writes that the evidence shows that the Scaffold Law does not deter business at all. When a developer talks of a new project, there is no shortage of construction firms eager to bid on the work, he notes.

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