Jonathan H. Poznansky, Attorney at Law

Staten Island Workers' Comp and SSDI Law Blog

Health Care Workers Susceptible To Many Injuries

An estimated 18 million people work in the U.S. health care industry. Every day, health care workers help save lives. They may treat patients for illnesses, help them recuperate through therapy, provide emotional support and the nutrition they need.

But working in health care facilities is not without its risks as numerous job hazards exist. The list includes back injuries from lifting or restraining patients, exposure to chemicals and hazardous drugs, job-related stress, and violence from patients.

Some public benefits can affect amount of SSD benefits

If you've been inflicted with an unexpected and serious illness, or suffered a significant and disabling injury, then you may qualify for Social Security disability benefits. The compensation recovered through this program can be of tremendous importance, as you may be unable to work, which means you could become dependent on SSD benefits to keep a roof over your head and put food on the table. While improved health and the ability to reenter the workforce may lead to a reduction or cessation of your SSD benefits, receiving other forms of public assistance may have a similar affect.

For example, if your disabling condition was caused by a workplace accident, then you may also receive workers' compensation benefits in addition to your SSD benefits. The money recovered through workers' compensation will likely decrease the amount of your SSD claim. Other public disability benefits, such as those provided by state and local governments, may also decrease the compensation you can recover from the Social Security Administration.

Repetitive motion injuries may qualify for workers' comp.

A lot of workplace injuries occur in accidents, whether foreseen or not. A construction worker can fall from scaffolding, be hit by a moving car, or be pinched by heavy machinery. Each of these instances can leave a worker seriously injured. Yet, it doesn't take a freak accident to cause harm to an individual in the workplace. Instead, oftentimes workers are hurt merely by carrying out their day-to-day duties.

Repetitive motion injuries, for example, are quite common. They occur when repeated motion causes microscopic tears in body tissue. Although the body can usually repair these tears quickly and without an individual noticing, over time it can become harder for the body to keep up. This slow down can lead to inflammation which, in turn, can cause an individual pain.

SSD benefits for joint issues

On behalf of Jonathan Poznansky of Jonathan H. Poznansky, Attorney at Law posted in social security disability benefits for injuries on Thursday, October 11, 2018.

Joint pain is a common health problem felt by many Americans. While there are a number of advertisements touting the effectiveness of many over-the-counter and prescription medications, sometimes these drugs are not enough to alleviate the pain suffered by those with joint problems. For some, the limitations imposed on them by their joints can be significant and long-reaching. It can even effect their ability to work and earn a wage. When this is the case, it may be time to consider filing a Social Security disability claim.

What is the plan to achieve self-sufficiency?

On behalf of Jonathan Poznansky of Jonathan H. Poznansky, Attorney at Law posted in social security disability benefits for injuries on Thursday, October 4, 2018.

The Social Security disability system is costly to the federal government. On account of this, the Social Security Administration has an interest in getting disabled individuals back to work as quickly as possible, if possible at all. Many disabled New Yorkers are receptive to returning to work, too, as they often find more purpose in life by working than simply collecting disability. However, those who receive SSD benefits need to fully understand how returning to work can affect their benefits before doing so.

Family members may receive SSD benefits on your claim

If you suffer from a disability that leaves you unable to work, then you've likely tried to find out as much as possible about Social Security disability benefits. These benefits, if successfully recovered, can provide you with financial relief that allows you to focus on obtaining the treatment you need to manage your disability. Yet, as you probably know, your disability doesn't just affect you. Instead, it can have a ripple effect that affects your loved ones, too.

The good news is that these individuals may be able to recover disability benefits based on your condition, too. The Social Security Administration allows each family member to qualify for up to 50 percent of your disability claim rate, but there is cap put on the maximum amount of benefits that can be received by a family. The exact maximum dollar amount that can be received by a family is dependent upon a number of factors, including the value of your claim and the number of family members who also qualify for benefits under your claim, but the SAA estimates that in most cases families receive between 150 and 190 percent of the benefits awarded to the claimant.

3 causes of teacher injuries

As a teacher, you contribute to society in a pivotal way. You make a difference in the lives of your students every day. This career comes with many rewards and may fulfill your dreams.

However, teaching also presents several risks and challenges to your health and wellbeing. Unhealthy environments, students with behavioral issues and out-of-touch administrators may cause or contribute to on-the-job injuries and illnesses. Here are a few ways you may get hurt in your role as an educator:

We provide informative workers' compensation representation

Last week on the blog we talked about the Section 32 waiver agreement. This lump sum payout may be the perfect resolution to some New Yorkers' workers' compensation claims, but for others, it may not be the right move to ensure that they have the resources they need to make ends meet and obtain adequate medical treatment while they focus on recovering and getting back to work. The truth of the matter is that you need to choose a route that is right for you. Of course, the first step in doing that is having all the information you need to make the decisions that support your best interests.

At our law firm, we strive make sure our clients are making fully informed decisions. We educate them as to the law and how it applies to their unique set of circumstances, but we also inform our clients about their likelihood of succeeding on a claim given the evidence in hand. This way, we can work together to identify a legal strategy that seeks to strengthen a case and to reach a favorable resolution.

What is a Section 32 waiver agreement?

It can be difficult for New Yorkers to get by after being injured in a workplace accident. Of course, they oftentimes have physical pain and suffering that can be difficult to cope with, but they usually face financial challenges, too. Those who choose to seek workers' compensation benefits and are successful in doing so may be able to recover compensation, though, which may help offset medical expenses and lost wages.

When workers' compensation benefits are awarded, they are paid out on a periodic basis. For many injured individuals, this works perfectly because the payments fall into a similar pattern, if not the same, as their pay period prior to their injury. This can make budgeting easier.

Preparing a SSD claim for reconsideration

A significant number of Social Security disability claims are denied when first considered. There are a wide variety of reasons why a claim may be denied, including that the disability isn't considered severe enough, the medical evidence presented was deemed insufficient, the injury or illness in question did not seem to limit the claimant's ability to perform the same or similar work, and the claimant failed to adhere to medical treatment aimed at relieving the medical condition. A claim denial, though, for any reason can throw an individual into treacherous financial territory.

The good news is that a denied claim can be appealed. The first step in the appellate process is known as reconsideration. When requesting reconsideration, a claimant should include any new or newly obtained evidence that directly rebuts the reason for the initial denial. This may include additional medical records, but it is important to note that a mere letter from one's doctor isn't enough. Instead, the records submitted should show scientific facts to support the claim, including diagnoses, laboratory findings, medical treatment provided, and the patient's response to said treatment.

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