Jonathan H. Poznansky, Attorney at Law

Staten Island Workers' Comp and SSDI Law Blog

Workers' compensation can help workers after building collapse

One of the most common reasons for workplace injuries in New York is construction accidents. Some of these will cause serious injuries and leave workers unable to get back to work. Workers' compensation benefits are vital to ensure the worker gets the treatment they need. For those who have lost a loved one, it is also important to think about how to secure compensation.

Five construction workers were injured and one died when the building they were working on collapsed. The workers were working on an apartment building when a floor collapsed and landed on the workers. First responders arrived at the scene and proceeded to dig the workers out from under heavy construction objects. One man died, while two were seriously hurt and the other three had minor injuries. According to the Department of Buildings, an overload led to the collapse. The investigation is continuing.

How does a workers' compensation claim generally proceed?

Workers' compensation benefits are key to helping an injured New York worker make ends meet and get the treatment they need. Knowing the path of a workers' compensation claim can serve as a guideline of what to expect as the case moves forward.

The worker must inform their employer about the injury and how it happened. The Workers' Compensation Board will not penalize a worker who could not give this notice if the employer was aware of what happened.

Workers' compensation is key for injured construction employee

There is no doubt that construction work can be dangerous. When employees are working on a project, completing the task is their objective. For construction employees, they do it to earn a living, to earn benefits and to see the satisfaction of their work completed step-by-step. None of this obscures the dangers that these workers face each day. When an accident occurs on a construction site, workers should know how to get workers' compensation benefits.

A building in Downtown Brooklyn was the site of a work accident that sent a construction employee to the hospital. A spokesman for the Fire Department stated that the cause of the injury was unknown, but the man either fell or was hit by an elevator. He was unconscious when he was found. The investigation is continuing.

Returning to the workforce after a serious job-related injury

One of the most significant impacts of a job-related accident is getting back to work after your time of recovery. Maybe it's been awhile since you worked, and maybe your physical capabilities are different. It can be a daunting prospect to reenter the workforce in the aftermath of your serious injuries.

Under your New York employer's workers' compensation insurance, there are certain benefits that may be available to you that help you get back to work. You have the right to pursue the maximum amount of benefits available to you, which may include more than just coverage of your medical bills and a portion of your lost wages. It is in your interests to learn more about all of the types of support that may be available to you.

Workers' compensation important for injured roadside workers

In New York, keeping the roads in working order is critical for safety and efficiency. Construction workers stationed on the side of the road are clearly in danger at all times. Workers' compensation benefits are a critical safety net if they are hurt while working. With the lost time on the job, lost wages and medical costs, many workers rely on workers' compensation. However, if there is a dispute over any issue related to workers' compensation, a lawyer experienced in these matters is key.

A worker working along the interstate was injured when he was hit by a car, which then fled the scene. The worker suffered an injury to his lower leg and was hospitalized, but his injuries are not thought to be life-threatening. The driver who hit the man swerved to the right, ran into a barrel and then hit the worker. She got out of her vehicle, examined it and then drove away. She might not have known she hit someone. The investigation is continuing.

Worker hurt during school repair might need Workers' Compensation

In New York, it is important to maintain school buildings so students can be safe when classes are in session. A key part of that is to perform maintenance work and repairs. Often, this is done during the summer when there is no school. Repairs and maintenance can be dangerous, as workers need to climb to significant heights, use heavy tools and trust other workers to adhere to safety procedures. When there is an accident, serious injuries can occur that can have a negative impact on a worker's life for an extended period. The damage might even be permanent. After a construction accident, those who were hurt should remember that they have the right to seek Workers' Compensation benefits.

A man working on a construction project at a school was injured when he fell through a ceiling. The worker was using heavy machinery when the ceiling collapsed. The worker was hospitalized, but his injuries are not believed to be life-threatening. The investigation into the incident is ongoing.

Workers' compensation and Schedule Loss of Use awards

New Yorkers who are injured on the job and expect to receive workers' compensation benefits should know about certain aspects of the law. One thing they should be aware of is a Schedule Loss of Use award. This is when a cash benefit is paid to the employee for their lost earning power caused by a permanently damaged body part. To get SLU, it is often necessary to have legal assistance.

To be eligible for SLU, the injuries must occur to the arm, hand, leg, foot, eyes, ears, or cause disfigurement. Eligibility for SLU has certain requirements. They are: the person has recovered as much as possible; the doctor has issued a medical report that adheres to the Permanent Impairment Guidelines with a statement that the person has reached maximum medical improvement; and there is a permanent loss of function in the body part. Any damage to the body part that leaves the person with loss of function is sufficient to get SLU. The person will receive compensation for lost earning power.

Help with Federal Longshore and Harbor Workers' Compensation Act

In Staten Island and throughout New York, workers understand the importance of workers' compensation benefits. These benefits can provide them with medical care and payments to cover lost income after they have suffered a work-related injury. Often, however, people are unaware that there are specific laws to address certain occupations and help them with their needs with workers' compensation. Once such law is the Federal Longshore and Harbor Workers' Compensation Act. People in this industry must be aware of their rights and know how to get the benefits they are entitled to.

With this law, those who are employed on commercial vessels close to or on navigable waters can get benefits tailored to their needs. Included are ship builders, dockworkers who load and unload, medical professionals and others who work on a commercial maritime craft. This is a federal law and it is important to have a law firm that understands all aspects of this law when a worker in this industry needs workers' compensation.

How residual functional capacity affects your SSDI claim

If you are unable to work because of an illness or injury, qualifying for disability benefits through the Social Security Administration may be one of your goals. If your disabling condition is on the SSA's list of approved impairments, you may have a good chance of qualifying for financial assistance. Unfortunately, it is not an easy process, and many people are disappointed when the SSA denies their application for benefits.

The SSA has complex and strict criteria for eligibility for disability benefits to prevent fraud that drains funds away from those who truly need assistance. The SSA defines a disability as an injury or illness that prevents you from working to earn money for your survival, among other stipulations. To determine if you fit this definition, SSA agents will consider many factors to calculate your residual functional capacity.

When should you notify your employer of an injury?

Suffering an injury at work can leave you shocked and uncertain of what to do next. Whether you suffered a fall on a construction site, the effects of a defective product at a manufacturing facility or a repetitive stress injury at the office, you may wonder how to begin the process of receiving the compensation you need while you focus on recovering.

One of the most important components to pursuing workers’ compensation is to report your injury to your supervisor and employer in a timely manner. New York requires injured workers to report their injuries to their employer in most cases within 30 days after the accident.

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