Jonathan H. Poznansky, Attorney at Law

Staten Island Workers' Comp and SSDI Law Blog

Acupuncture treatment for workers' compensation vetoed

It may be a new year, but so far there are no new treatment options being offered for workers’ compensation back pain claims.

Gov. Andrew Cuomo recently vetoed a bill (S.B. 6666) that would have allowed wounded workers to seek acupuncture treatment.

Social Security Disability Income and medical reviews

Staten Islanders receiving Social Security Disability Income for an injury or illness might not be aware that the Social Security Administration performs periodic reviews to determine whether the recipient should continue receiving benefits. Since SSDI is for those who are unable to work, the status of the illness or injury is key. Understanding this is a critical part of the benefits process.

By law, the SSA must periodically review SSDI cases. For those without any marked improvement in their health and are unable to work, the benefits will continue. Much like the initial application process, medical information is acquired from the recipient's treating physician regarding their condition and how their activities are limited. If more information is needed, the SSA will pay for a special examination.

Can I get workers' compensation for an occupational disease?

In most cases where Staten Island workers suffer an injury on the job such as broken bones, head injuries, cuts and similar issues that are clearly visible and easily diagnosed, it is not a complicated matter for them to get workers' compensation benefits. However, there are situations where the worker is not injured, but becomes ill with an occupational disease or suffers from occupational hearing loss. Those facing this problem should know how the workers' compensation process should be handled and have legal help should any issue arise.

A worker can get an occupational disease when the conditions of the employment expose the worker to the risk. To get workers' compensation, the disease is required to have come about from the specific circumstances of the job. When there is a disability because of an occupational disease, the worker will get the same benefits as there would be if there was an injury. There are time limits to file for benefits. It must be: two years from the date the worker was disabled; or two years from when the worker knew or should have known that the disease stemmed from the employment. The worker can apply for workers' compensation benefits even if he or she did not miss work because of the illness.

Winter raises special workplace safety issues

Wintertime brings with it some unique safety concerns. For example, there are special workplace safety risks that can arise in winter. It is important for workers and employers alike to be aware of these risks.

Today, we’ll go over some common safety hazards workers can face during the winter season and precautions that can be taken against these hazards.

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.

Contact the Firm

Get A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Map
Brand

1688 Victory Blvd., Suite 200
Staten Island, NY 10314

Fax: 718-524-6964
Staten Island Law Office Map