Jonathan H. Poznansky, Attorney at Law

Staten Island Workers' Comp and SSDI Law Blog

Workers' compensation often needed by construction employees

Construction is seemingly constant throughout New York. There are many projects for residential buildings, commercial buildings, repair and maintenance. This might seem inconvenient for passersby and people who live near these worksites, but it is beneficial for the city, its businesses, residents and especially for construction employees. The construction industry provides significant jobs with good income and benefits to workers.

Still, there are foundational risks with this type of work. People in construction have a greater risk of injury than those in sedentary jobs. It is important to understand the steps necessary to get workers' compensation after being injured or becoming ill. Recent statistics released by the Bureau of Labor Statistics show that the number of injuries and illnesses suffered by construction workers across the U.S. had a slight increase in 2018.

Workers' compensation may be needed for injured Amazon employees

Staten Islanders and workers across New York who are employed in manual labor can face a variety of dangers as they go about their duties. Since many jobs require people to be active, lift heavy objects, operate machinery and be aware of their co-workers and surroundings, these risks are inherent. When there is an accident, workers' compensation benefits will be essential to making ends meet and getting the necessary medical treatment.

This is especially important during the upcoming holiday season, with increased demand and longer work hours. For people who are employed in factories of major online retailers, understanding safety and possible injuries is key, as is getting legal assistance to get the benefits after they are injured. A number of workers at an Amazon warehouse in Staten Island have been injured on the job. The statistics show that the rate is triple those of other warehouse employees across the U.S.

Getting workers' compensation after suffering hearing loss

For New Yorkers who have suffered hearing loss because of the work they do, it is important to understand the steps necessary to receive workers' compensation benefits. Since hearing loss can cause a person to be unable to do the same job they did before, these benefits can be crucial to making ends meet and getting the medical treatment they need. For these cases, it is wise to have legal assistance.

The law lists hearing loss as a possible reason for receiving workers' compensation benefits. The worker has 90 days from the date they were no longer exposed to the damage-causing noise, or 90 days from leaving the job where that exposure took place to file for benefits. There is a two-year statute of limitations to seek workers' compensation for this issue.

Federal Longshore and Harbor Workers' Compensation Act coverage

For New Yorkers who work on or near the water, they may have concerns about whether they will receive compensation if they are injured on the job. This was a wide-ranging problem before the Federal Longshore and Harbor Workers' Compensation Act came into effect. Many workers might not be aware of how this law protects them. Understanding what the law says and who is covered by it is imperative when seeking benefits. It can also help to have legal advice immediately after the injury has occurred.

The LHWCA will give injured workers medical care, compensation and vocational rehabilitation if the injuries happened while they were working on the water in the U.S. If there is a fatality, dependents can receive payments if a work injury was the cause of the death. In general, an employer will be insured either through its own insurance or with a private company.

What should you expect from your disability hearing?

If you cannot work due to a physical limitation, mental condition or medical diagnosis, you may know that you can get certain types of benefits through a disability claim. The Social Security Administration provides financial support for eligible individuals, but the requirements are strict. It's not always easy to obtain these benefits, even with a valid claim and serious physical limitations.

The process of security disability benefits is so complex that many people are not initially successful. You may find that you have to go through additional processes after the initial application to get the support you need. If your claim came back denied, you can request a reconsideration of your claim. If this is not successful, you can request a hearing with a New York Administrative Law Judge who will look at your case and make a ruling.

When am I eligible for workers' compensation schedule awards?

When New York workers are injured on the job, the injury itself is a key part of getting workers' compensation benefits. However, there are other aspects to the claim that must be understood in the context of how it is assessed by the Workers' Compensation Board and the amount the person will get is determined. There is a difference between schedule awards and non-schedule awards. After an injury, it is important to know the details of this requirement as it will be essential when the payments are sought and approved.

With a schedule award, the benefits will not be provided based on the injury itself, but on what permanent impairments the worker suffers from in the aftermath. There are compliance requirements when there is a final adjustment of a claim based on it being a schedule award. They include: the person suffering from a permanent impairment to an extremity, losing vision or hearing permanently or having a permanent facial disfigurement.

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.

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