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Category: Workers Compensation Attorneys

Understanding Scheduled Loss of Use Awards under New York Workers’ Compensation Laws

If you have been injured on the job in New York, you have a right to file a claim for benefits under the state’s workers’ compensation program. Generally, if your claim is approved, you will receive weekly benefits based on your average weekly wage and the extent of your injury. However, if you suffer an injury to one of your extremities, you may also be entitled to a cash payment for any permanent damage to that extremity. Such an award is known as a scheduled loss of use, or SLU, award.

30 March 2016 No Comments

How Does the Workers’ Compensation Insurance Company View Your Claim?

When you have been injured at work in New York, in most instances, your exclusive remedy will be through a workers’ compensation claim. The workers’ compensation system is often referred to as the “grand bargain,” as it is supposed to benefit both sides. Employers (and workers’ compensation insurance companies) reap the benefit of specific dollar amounts, so they don’t have to worry about large damage claims from a judge or jury. Workers are supposed to benefit from the relative ease of filing a claim, and the speed with which benefits will start to be paid.

It seems like a straightforward and simple system—you’ve been injured, incurred medical expenses and lost time at work. Your attorney will work hard to ensure that you get payment for all your losses, including:

25 March 2016 No Comments

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?

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.

4 March 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.

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.

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

3 February 2016 No Comments

Niagara Falls Man Charged with Workers Compensation Fraud

A New York man has been charged with at least two criminal counts after authorities say he wrongfully collected workers’ compensation while self-employed. The defendant had repeatedly reported to workers’ compensation officials that he was not working at all. Documents filed with the court indicate that, during a 13-year-period, the man received more than $82,000 in workers’ compensation payments while earning in excess of $370,000.

19 January 2016 No Comments

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