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New York Worker Injury Law Blog

The consequences of surgical errors can be catastrophic

Medical malpractice is the area of personal injury law that concerns mistakes and errors committed by doctors and other medical professionals. It is an unfortunate truth that many New Yorkers suffer harm at the hands of practitioners who are charged with helping their patients improve their health. One of the most common situations where medical malpractice occurs is during surgery, and this post will briefly address some of the ways that mistakes may happen on the operating table.

One common form of surgical error is the wrong site surgery. This mistake occurs when a doctor operates on the right patient but performs the procedure on the wrong part of the body. Wrong site surgeries often happen on the incorrect sides of patients' bodies. For example, a doctor may perform the correct surgery for the patient on the wrong arm.

Is your employer paying you for all the work you do?

No one understands the saying "Time is money" better than an hourly employee. If you clock in, log in or sign in to start your shift, you understand the impact every hour has on your paycheck. You also know that after you work 40 hours in a week, your hourly rate goes up, and this may be incentive to pick up extra shifts.

Nevertheless, you may feel pressured at times to work off the clock. It may be little things, but if it happens frequently, you may be missing out on chances to earn that extra pay for overtime. What you may not realize is that it is a violation of U.S. labor laws for an employer to force you or allow you to work without compensation.

Fighting for fair pay for overtime hours you worked

New York workers have the right to expect fair pay for the time they work. Along with other rights, you are entitled to fair treatment from your employer. This includes rightful payment for overtime hours. Unfortunately, many employers are concerned only with their bottom line, and they may try to avoid getting you the pay you deserve. If this is happening to you, you have the right to fight back.

Disputes over unpaid overtime often stem from disagreements regarding the classification of the employee. There are both state and federal laws in place that protect the interests of workers, and you may be able to successfully pursue what your employer owes you while also holding him or her accountable for unfair actions. 

Why might a workers' compensation claim be denied?

Not all of the workers' compensation claims that New York residents file are approved. In fact, many claims for workers' compensation benefits are denied because they lack specific and necessary information. When preparing to file one's paperwork to seek workers' compensation it is important that individuals know what they are doing and that they can seek support from attorneys who work in this area of the law.

Timeliness is a major factor that contributes to denied workers' compensation claims. If a worker does not tell their employer about their work-related accident in a timely fashion then their eventual claim for support may be denied. Similarly, if a worker waits too long to file their claim for support it may be denied for falling too far from the incident that caused the worker's injuries.

Spinal injuries and their long-term consequences

The spinal cord is an integral part of the nervous system. It runs through the back body of an individual and is contained in the spinal column. The spinal cord transmits information from the brain to the rest of the body so that it can move, react and fully function.

When a New York resident suffers an injury to their spinal cord they can experience a range of symptoms and conditions. If the injury is minor and will heal over time they may have to cope with pain and some changes to motor function. Serious spinal cord injuries are classified as complete and incomplete and that designation may influence what level of paralysis the individual suffers.

The dangers of falling objects on the jobsite

There are many hazards found on a construction jobsite. Among the potential dangers is the possibility of falling objects. A wrench dropped from a couple hundred feet can strike with the same force as a small car striking a one-square-inch area. It doesn't take a large object to cause a severe injury when it's dropped from great heights.

New York is still pushing forward after the death of a worker wearing a hard hat in April after a piece of a crane that slid and crushed the man. In July, New York City ordered the same construction company to cease work on a separate project after a rig collapsed. The city ordered the company to replace the crew on the job and hire an independent monitor to file monthly safety-compliance reports.

SSDI and SSI: Preparing for and appearing at your ALJ hearing

At our New York City law firm, our attorneys regularly prepare disabled clients for administrative hearings before administrative law judges, called ALJs. The ALJ hearing is the third level of consideration by the Social Security Administration or SSA of a claimant’s application for Social Security Disability Insurance benefits or Supplemental Security Income, known respectively as SSDI or SSI.

Each type of benefit requires that the SSA find the claimant to be disabled. The definition of disability is unique to the Social Security Act. Specifically, to be eligible, the claimant must have a severe impairment or combination of impairments expected to last at least one year or result in death and that prevents the claimant from substantial gainful activity, meaning broadly work that brings in more than a very low level of wages.

What does it mean to be disabled for SSDI?

A disability can be a life-altering condition that affects a person's general health and their ability to perform or complete everyday tasks. When a New York resident suffers from a disability they may be able to seek financial support from the Social Security Administration. Before a person may collect benefits from SSA, though, they must be able to demonstrate that they are in fact disabled.

According to SSA, a disability must last for at least 12 months and must be continuous, as opposed to transient, during that time. Injuries and illnesses that resolve in less than a year may not be sufficient to meet the requirement of a disability for the purposes of seeking SSA benefits. Additionally, disabilities can be physical or mental impairments.

NYC construction workers to be repaid stolen $6 million

A structural-steel fabrication company based in Queens has admitted to cheating construction workers out of millions of dollars from 2013 to 2017. In one of the largest deals the New York Department of Labor has ever struck, the company has admitted its history of wage theft and will pay the workers the money it owes them.

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