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How Does a Prior Injury Affect Your Eligibility for Workers’ Compensation Benefits?

In New York, when you have been injured on the job, you have a right to seek benefits under the state’s workers’ compensation system. In fact, the workers’ compensation system is generally your sole remedy or means of recovering compensation for injuries caused by the carelessness or negligence of your employer or a co-employee. But what if you had a prior injury—work-related or not—to the same part of your body? What if you hurt your knee on the job six months or two years ago? Will you be eligible to obtain workers’ compensation benefits for the same or a similar injury?

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15 March 2016 No Comments

NY Business Owner Charged with Workers Compensation Fraud

The owner and CEO of a New York business has been indicted in New York State Supreme Court in connection with an ongoing investigation. The Manhattan District Attorney’s Office announced the indictment of Michael Cholowsky, chief executive officer of Sky Materials Corporation. The charges come after an investigation initiated last year in the connection a construction site fatality in New York City in April, 2015. According to court documents, Cholowsky was charged with first and second degree fraud, as well as Offering a False Instrument for Filing in the First Degree. Prosecutors say that Cholowsky misrepresented or hid information about his payroll and intentionally understated the number of workers in his employ.

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4 March 2016 No Comments

New York State Employee Sentenced for Workers Compensation Fraud

A former employee of the New York Department of Transportation has been put on probation for three years for fraudulently collecting almost $10,000 in benefits over a period of eight months. State Attorney General Eric T. Schneiderman announced the penalty imposed on Corey Cragnolin by Rochester City Court judge Caroline Morrison. Cragnolin was also ordered to repay $9,940.49 and prohibited from collecting any additional benefits related to the injury that led to his initial claim.

Under New York’s workers’ compensation system, anyone seeking or collecting benefits must disclose any other employment or income. According to documents filed with the court, Cragnolin received benefits from September, 2013 until May, 2014, based on injuries he allegedly sustained as while working for the Department of Transportation. Cragnolin had claimed that he was totally disabled because of that injury, and received benefits for a temporary total disability.

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26 February 2016 No Comments

Workers’ Compensation Issues to Watch in 2016

With the looming national elections in November, workers’ compensation industry insiders expect increased scrutiny on state programs, including revisions of employee health and claims models. A number of key issues were spotlighted at a webinar held on January 11 by Safety National, one of the leading providers of workers’ compensation insurance nationwide.

According to Mark Walls, the elections promise to have an impact on workers’ compensation insurance providers, as eleven states currently elect insurance commissioners, who can have a direct impact on how premiums are determined. Experts also say that, although tax provisions of the Affordable Care Act have been extended to 2020, there’s a significant likelihood that a new president, Republican or Democrat, will make changes in health care reform.

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20 February 2016 No Comments

What to Do When You Have Been Hurt at Work

Under the laws of New York, if you have been hurt on the job, you have a right to seek benefits under the state’s workers’ compensation system. The program is what has been commonly referred to as the “grand bargain.” Essentially, this means that workers and employers should both benefit from the system—workers can have quicker access to needed benefits, without the need to go to court; and employers can avoid the often exorbitant awards juries hand out.

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9 February 2016 No Comments

How to Avoid Winter Injuries at Work

Winter weather, with snow, ice, sleet and freezing rain, generally increases the risk of injury for workers, especially those who spend most or all of their time outside. There are steps you can take to minimize the risk of workplace injury in wintry weather.

Watch Your Step

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3 February 2016 No Comments

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