Dennis Kenny LawAlbany and Newburgh, NY Workers' Compensation Lawyer | Law Offices of Dennis Kenny2024-03-04T20:46:29Zhttps://www.denniskennylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1601090/2020/06/cropped-og-image-32x32.pngOn Behalf of Dennis Kenny Lawhttps://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.]]>On Behalf of Dennis Kenny Lawhttps://www.denniskennylaw.com/?p=481802023-12-08T13:15:13Z2023-12-08T13:15:13ZDirect blows to the head aren’t necessary
It’s possible that a direct blow to the head may cause a brain injury, but that’s not always the cause. For example, a person who falls from a ladder may not hit their head, but they may suffer a brain injury because of the force of the impact when they land on their back, for example, causing the head to fling.
Symptoms might take time to appear
Brain injuries are sometimes challenging to diagnose because symptoms may not show up immediately. It's not uncommon for things like a headache or changes in senses to appear weeks after an injury occurs.
Long-term complications may occur
The brain doesn’t heal rapidly, and there’s a chance that long-term complications will occur. Some people who have a traumatic brain injury may need ongoing medical care or rehabilitation. They may be unable to return to work. Some may be able to go back to work but will need accommodations.
Fatal conditions are possible
A person who has multiple concussions over time may develop chronic traumatic encephalopathy. This is a fatal condition that’s due to changes in the brain. Unfortunately, this condition can’t be diagnosed while the person is living. It’s only diagnosable during a post-mortem brain examination.
Brain injuries can lead to costly medical bills, but workers’ compensation should cover them when this kind of harm is work-related. Some workers with more severe injuries may need other benefits, such as partial wage replacement or vocational rehabilitation. Workers’ compensation may not always provide these benefits quickly or in an amount that is properly valued. Seeking legal assistance is, therefore, generally wise before filing a claim, as an attorney can help workers to pursue their claims more efficiently and effectively.]]>On Behalf of Dennis Kenny Lawhttps://www.denniskennylaw.com/?p=481402023-09-07T14:24:10Z2023-09-07T14:24:10ZPre-existing medical conditions often cause financial complications for individuals in need of medical treatment through their health insurance or other benefits. People often assume that they won't qualify for benefits that they need when they have a pre-existing condition and may fail to assert themselves appropriately.
For example, someone who had a back injury from a car crash or carpal tunnel from a prior job might notice that their symptoms have started getting worse since moving to a new position with their current employer. That worker might believe that they are ineligible for workers' compensation coverage because their underlying condition was not necessarily caused by work-related circumstances, but that isn't always the truth.
Pre-existing conditions sometimes qualify
Every workers' compensation claim requires evaluation on a case-by-case basis. Someone's prior medical records, the job that they perform and multiple other factors can all play a role in whether or not someone qualifies for benefits in their current situation.
If someone has a pre-existing medical condition diagnosed long before they started their current job, basic treatment and care for that condition would likely not be available through workers' compensation. However, if their job worsens their condition their causes their symptoms to flare up after remaining manageable or stable for years, then workers' compensation coverage could be available.
The worker will typically need to demonstrate that the job they perform affects and worsens their condition. They may then qualify for benefits that will provide full medical coverage as they attempt to manage their symptoms. Workers can even qualify for disability benefits if they require a leave of absence from their job until their symptoms become more manageable.
Complicated claims can be a challenge to manage
Showing that a pre-existing condition has worsened or otherwise handling a complicated workers' compensation claim can be very difficult for someone already coping with medical issues. Particularly when an employer does not seem supportive of a worker's desire to seek treatment or request accommodations, they may need help navigating the claims process.
Understanding the basic rules that apply to workers' compensation claims in New York may help those who are struggling with a medical condition aggravated by their employment to pursue the support they need (and deserve) to continue supporting themselves until they can return to their job.
]]>On Behalf of Dennis Kenny Lawhttps://www.denniskennylaw.com/?p=480662023-06-03T22:26:03Z2023-06-03T22:26:03ZA long wait lies ahead, so use it wisely
The Social Security Administration (SSA) will schedule a hearing date and notify you of when and how to attend – but don’t expect it to be soon. Currently, it takes an eye-popping average of 13 months to get to that date. Use this time to prepare for the hearing by continuing to document your condition and limitations through regular medical visits and, if possible, a journal that tracks your symptoms and pain. Make sure that all of your medical records and supporting documentation are forwarded to the ALJ’s office, and that you respond to any additional requests for information right away.
Be ready to testify on your own behalf
When your hearing date finally arrives, you will be sworn in (so that you are testifying under oath), and the ALJ will proceed to ask you questions about your medical condition, any limitations you have as a result and how your disability affects your ability to work. The ALJ may also ask you specific questions about your medical treatment, your symptoms, your work history, your education and how you manage to handle basic daily activities (such as bathing, dressing or cooking). Practice giving clear, detailed answers to these kinds of questions so that you feel confident and ready to respond.
Expect testimony by an expert witness
You can typically expect a vocational expert to testify about what work you could hypothetically do given your age, education, work history and limitations. This is often where a case succeeds or fails, because a skillful interrogation of the expert witness can often show that a given claimant’s condition is far too limiting to allow them to work.
Finally, know that it’s wise to consider seeking legal guidance prior to your SSDI hearing. This is not something you should tackle alone.
]]>On Behalf of Dennis Kenny Lawhttps://www.denniskennylaw.com/?p=480622022-12-08T22:10:09Z2022-12-08T22:10:09Zcommon for all nurses. Understanding these is the first step toward ensuring safety throughout each shift. Healthcare facilities must provide nurses with the equipment they need. There should also be an established safety protocol for everyone to follow.
#1: Lifting patients
Lifting patients without the help of lifts can cause injuries to nurses. Team lifts and proper techniques can help the nurses remain safe when there isn't a mechanical lift present. Protecting the back must remain a priority for nurses. Stretching before each shift and avoiding spending too much time bending over for patient care may help with this. Lower back pain is the cause of more than half of lost days due to injuries in the nursing industry.
#2: Slippery floors
Floors at medical facilities can get slippery quickly. Bodily fluids and other substances can hit the floor during a patient’s care. Wearing non-slip shoes can help, but nurses must also ensure the shoes they choose help protect their feet and joints. At a minimum, the shoes should have good arch support and provide support for the rest of the foot.
#3: Biohazards
Biohazards are a byproduct of working in this field. Nurses should always ensure they wear proper personal protective equipment and follow established procedures. Any contact with a biohazard, including being poked with a used sharp, should be reported and addressed immediately.
While nurses take pride in caring for people, a nurse who has a serious job-related injury shouldn’t try to wait until their shift is over to get medical care. Workers’ compensation should enable them to get the care they need. It also provides other benefits in some cases. These benefits may not be provided as they should so be prepared to fight for them if necessary.]]>On Behalf of Dennis Kenny Lawhttps://www.denniskennylaw.com/?p=480532022-09-07T19:48:25Z2022-09-06T21:53:15Z29 times as likely to be fatal.
Why are they so dangerous?
This is an astounding number. If someone told you there was something you could do to cut your accident odds in half when you're in the car, you'd be glad to do it. You certainly wouldn't do anything that would double your fatal accident odds. But riding a motorcycle increases them by much more than 100%.
This danger exists for a few reasons. For one thing, many drivers of other vehicles will make mistakes and hit motorcycles. In some cases, they say that they never saw the motorcycle. These small vehicles can get missed in blind spots, and many drivers are fairly unaware of the type of vehicles they're sharing the road with. Motorcycle awareness is important, and that’s why you see billboards reminding drivers.
The other part of the danger is simply that motorcyclists don't have as much physical protection when they get involved in a wreck. That motorcyclist can do everything in their power to stay safe, but another driver may make a mistake and cause an accident. That other driver might not suffer any injuries at all, but the motorcyclist can be thrown from their bike and suffer severe injuries.
What are your options?
If you ride, you do need to be aware of the risks that you face. You also need to know what your options are if you get injured by another driver or if a loved one passes away.]]>On Behalf of Dennis Kenny Lawhttps://www.denniskennylaw.com/?p=480522022-06-02T21:31:49Z2022-06-02T21:31:49Zqualify for Social Security Disability if you have worked a job covered by Social Security and have a medical condition that qualifies based on the Social Security Administration’s definition of a disability. The SSA has such a strict definition that it is possible for someone to have a serious disability but still not qualify.
Work credits matter for Social Security Disability
Something to keep in mind is that work credits do matter for Social Security Disability benefits. You have to have enough work credits to show that you paid into the system for long enough to receive benefits.
The work credits are based on your total yearly wages, and you’re limited to earning four credits per year. In 2022, you’ll get a single credit for each $1,510 you earn in self-employment income or wages.
Most people need a total of 40 credits to qualify for SSDI, and at least 20 must have been earned within the last 10 years. If you’re a younger person, you may not need as many credits to qualify for support.
What is substantial gainful activity?
One term that you need to be aware of is “substantial gainful activity.” SGA refers to working enough to support yourself despite having this medical condition. If you can do work of any kind and earn enough to support yourself (and go over the qualifying limit for the purposes of SSDI) you will not qualify for SSDI. In 2022, the earnings average may not be over $1,350 for most individuals applying for disability coverage. This is increased to $2,260 for those who are blind.
These are a few things to think about if you’re thinking about applying for Social Security Disability. If you have questions, it may be helpful to look into getting support with your application.]]>On Behalf of Dennis Kenny Lawhttps://www.denniskennylaw.com/?p=480482022-03-02T20:10:10Z2022-03-02T20:10:10Z
Physical labor takes a toll on your body
Someone who works in an office setting or in retail who gets hurt could potentially find another job even if they have to change some of their job responsibilities. However, someone who performs physically demanding labor for their job, like hauling bricks at construction sites, may not be able to keep doing the same work.
Moreover, decades of that same line of employment may have caused damage to their joints and musculature that will affect their work functions and quality of life. The long-term impact of unskilled physical labor can impact a worker's SSDI claim.
If someone has spent at least 35 years doing physical labor and can no longer do their job because of an injury or medical condition, they may qualify for SSDI even though they could work a fryer at a fast-food restaurant or a cash register at a grocery store. Provided that they have no more than a marginal education, a worker with a long history of physical labor and a serious medical condition may qualify for SSDI.
Applying under special rules can be particularly challenging
The Social Security Administration has numerous programs that benefit people in different circumstances. Whether you hope to secure a compassionate allowance or want consideration as a worn-out worker, you may need to provide more documentation than the typical applicant.
Understanding the rules that apply to different SSDI benefits claims will make it easier for you to get those benefits.]]>On Behalf of Dennis Kenny Lawhttps://www.denniskennylaw.com/?p=479792022-09-07T19:48:44Z2021-12-01T21:57:12ZWhat types of changes are possible?
There are nearly countless examples of potential personality changes since these injuries can vary so much. Many people deal with anxiety, stress, and irritation after a brain injury. They may simply be harder to get along with and the people around them may feel like they aren't as close as they once were. As you can imagine, this is often problematic for the injured person’s spouse.
In some cases, people end up lacking impulse control. This may lead them to say or do things that they never would have said or done before. Maybe they were always a kind person who got along with everyone, but now they're not able to hold back their negative comments and they become more combative.
Finally, the memory issues listed above can also be very problematic. If someone has trouble remembering family members or making new memories after the accident, that can be very distressing to them.
How could this impact your life?
The important thing here is to remember that a TBI can impact your life on a lot of different levels. It's not just about medical bills or lost wages right after the accident. It can change your entire life and your ability to work in your chosen career. Make sure you know about the legal options you may have to seek compensation.]]>On Behalf of Dennis Kenny Lawhttps://www.denniskennylaw.com/?p=479642022-09-07T19:49:40Z2021-09-07T19:53:45ZThe driver's no-fault policy should cover you
Everyone driving on the New York roads needs to have liability insurance. Among the kinds of coverage available is mandatory no-fault coverage of at least $50,000. Every driver should have this basic coverage on their policy.
Passengers in their vehicle or anyone involved in a crash with that driver can potentially make a claim against that coverage. You can claim your medical losses, property damage expenses and the wages you didn't earn after your injury from the insurance company. In situations where the driver was clearly at fault and you suffer severe losses, you may be able to claim more than that from their insurance if they have good coverage. If they do not, then litigation may be necessary.
Personal injury claims can help you cover all of your costs
Although it seems generous at first glance, $50,000 worth of coverage may not be enough if you have to miss six months of work, undergo two surgeries and replace a prestige-brand bicycle.
Especially because bicycle crashes can lead to catastrophic injuries, a cyclist hurt by irresponsible drivers may find that basic liability insurance won't cover enough of their costs. A personal injury lawsuit can help you connect with more compensation, especially if the driver has very little insurance or a lapsed policy.
Understanding your rights after a bicycle crash can make it easier for you to minimize financial losses caused by someone else's bad driving habits.]]>