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October 2018 Archives

What classifies workers as "employees" for workers' compensation?

There are situations at certain jobs in New York in which it is not clear that a worker is classified as an "employee" and therefore eligible for workers' compensation. Oftentimes, this is linked to people working as "contractors." Knowing what factors are used to determine whether a worker is an employee under the workers' compensation law is imperative when there is an injury and the chance to get benefits is in question.

Worker seriously injured in forklift accident

Operating heavy machinery comes with serious responsibilities. Improper instructions or lack of training could potentially lead to a dangerous situation. An independent contractor for Sears experienced this firsthand when he was struck from behind by a forklift. The machine landed on his ankle, resulting in permanent injury.

Workers' compensation for toxic exposure

There are many jobs in New York that require workers to be around dangerous substances. When taking the job, workers will undoubtedly understand this. However, no one is expecting there to be a workplace accident and toxic exposure. The issues that can accompany this type of incident can be more problematic and worrisome than an accident where there are broken bones, cuts and other physical injuries. Hazardous materials can be terrifying when there is an accident. Those who were injured or made ill because of being exposed to hazardous materials should know they probably have the right to workers' compensation.

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