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New York Workers' Compensation Law Blog

Lawsuit against VA alleges discrimination

Veterans struggle with a variety of physical and mental impairments upon returning from military service, and many of these impairments remain with them for the rest of their lives. Conditions like post traumatic stress disorder, in particular, affect a large percentage of veterans, and it is important for such vets to receive the support they need to manage their condition while readapting to civilian life.

It is rather frustrating that vets with PTSD stemming from military sexual assault can sometimes have a difficult time obtaining the benefits they need. In fact, two veterans groups recently filed a lawsuit against the Department of Veterans Affairs, accusing the agency of discriminating against those vets who seeks benefits after having been sexually assaulted during service. 

Sesame Workshop launching autism initiative

Autism can pose many challenges to children who suffer from it. However, with proper help and support, children with autism can overcome many of these challenges. Thus, having resources for such help and support available for children with autism is very important.

Recently, Sesame Workshop, the organization responsible for the popular children's television show "Sesame Street," announced that it is starting an autism initiative called "See Amazing in All Children." One of the things the initiative will involve is the creation of digital resources for children with autism. The resources will be aimed at helping to teach kids with autism how to perform certain daily tasks and how to play with other children.

Are disabled kids being treated unfairly in school discipline?

Children with disabilities can have a variety of different special needs. For one, they can have special care needs. Such care needs can be quite expensive, which can pose challenges for families, particularly those that don't have much in the way of income or assets. The Supplemental Security Income program is one program a low-income family with a disabled child may be able to turn to for help in meeting such costs.

Another thing that disabled children sometimes have are special needs regarding education. One hopes that all schools here in the U.S. which have disabled children among their student body do everything they can to ensure that these needs are met for such students and that such students are treated in a fair way that ensures that their right to equal access to education is respected.

Don't wait to apply for disability benefits

Because disabilities come in many forms and severities, each case impacts a person in a unique way. While one individual may be able to function normally and work a 40-hour week, others may struggle to even get through a few hours of work, even with accommodations. When a person is not able to work due to their disability, they may consider filing for Social Security disability benefits.

Many people wonder when is the best time to file. Should they wait until their disability gets really bad or lasts for a long duration? It’s not uncommon to see people who have proudly worked for decades try to tough out their illness or injuries. It’s important to remember that after working all those years, people in New York have earned the right (through paying Social Security taxes) to seek benefits when needed.

Ladder and scaffolding falls: Worker hurt in fall

A construction worker is nursing a broken ankle that will keep him off the job for some time following a serious fall in the late afternoon of Feb. 27. Construction workers here in New York understand the danger that ladder and scaffolding falls can pose to an individual's ability to perform his or her job effectively. Thankfully, workers' compensation will likely be provided to help get this individual through a difficult transition.

According to the report filed by the company overseeing the job site, the man was working on an unspecified building when he fell from the scaffolding where he was stationed. The fall, about 10 feet down to a platform, left the man with a broken ankle. Of course, a fall of that height could have been much more serious, and thankfully, he suffered no other injuries.

Stroke/heart attack risk may be raised by living near airports

Heart attacks and strokes are significant medical events and they can have major life-long consequences for their victims. Sometimes, medical conditions and problems resulting from such events and their causes make it hard or impossible for a person to be employed. Individuals who have suffered a heart attack or stroke and have become unable to work as a result should consider speaking to a disability attorney about whether they would be eligible for disability benefits, such as benefits from the Social Security Disability program.

Given the vast impacts heart attacks and strokes can have, investigations into what sort of things put a person at greater risk of suffering these major medical events can be an important area of research.

Heavy equipment accidents: Man hurt by forklift

A man is in danger of having his arm amputated after it was crushed, according to officials reporting on the accident. The man's arm was injured by a forklift, a dangerous piece of equipment often involved in heavy equipment accidents, as many New York residents are already aware. Thankfully, his injuries are not thought to be life-threatening, though the repercussions on his ability to work may be considerable.

The man is said to have been part of a crew hired to work at a hospital currently undergoing construction. It is believed he and other members of the crew were working to offload a forklift from a truck when the accident occurred. Somehow, the man's arm became pinned between the forklift and a hydraulic leg, causing traumatic damage to his arm.

Heavy equipment accidents lead to worker's death

Industrial work sites are common in New York. Heavy equipment, scaffolding, construction materials and numerous workers are common to these industrial locations. Along with these work sites, there is the potential for workplace accidents that can cause serious injury or even death. Heavy equipment accidents are always a possibility. Recently, a heavy equipment accident claimed the life of a construction worker on an industrial work site in another state.

Reports indicate that the worker was a 48-year old gentleman who was employed as a mechanic with the construction equipment company. He was working underneath a front-end loader which is a large piece of equipment that is typically used to move and push large items and piles of dirt. Apparently, something went wrong with the way this loader was being lifted, and it fell on the worker. Exact details of what happened are not known at the this time.

Disability discrimination claims down in the U.S.

One thing a person may have major concerns about after suffering a serious injury or developing a severe medical condition is their ability to earn an income.

There are many things that can get in the way of a disabled individual having employment. Sadly, such roadblocks sometimes are generated by wrongful conduct by employers driven by outdated and inaccurate perceptions.

Study: brain trauma the top predictor of PTSD in soldiers

Some of our nation’s veterans return from deployment with post-traumatic stress disorder. A recent study looked at what factors are the biggest predictors of whether a soldier will develop PTSD.

The study was conducted from 2008 to 2012 and its subjects were 1,650 Marines who had a seven-month deployment to Afghanistan or Iraq. In the study, for each subject, the researchers conducted a variety of different medical tests and assessments before and after the subject's deployment. One such assessment was a PTSD assessment.