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New York Worker Injury Law Blog

The other driver didn't have to be legally drunk to harm you

When you think of drunk drivers, you may be like others here in New York and elsewhere who picture that stumbling, red-eyed individual who obviously had at least one too many. While this individual would certainly present a serious danger on the road, a driver does not have to be quite this impaired to pose a risk.

Alcohol has different effects on people and different effects at different levels of consumption. A person who has as little as one or two drinks could cause a serious or even deadly crash due to impairment.

Workers' compensation: USPS fired injured postal workers

Getting hurt at work can be physically, emotionally and financially devastating. Workers should be able to rely on their employers to do the right thing as they take the necessary steps to file for workers' compensation benefits. Unfortunately, this is not always the case. Because they cannot count on their bosses, injury victims in New York should be sure to understand what their rights are when it comes to workers' compensation benefits. This is especially helpful for those who think they might not qualify for benefits if they are fired.

The Equal Employment Opportunity Commission recently ruled that the U.S. Postal Service had discriminated against some 44,000 USPS workers. Those workers were all people who had been injured on the job and either fired or pushed to leave. This was part of a program that lasted five years and was designed to specifically target injured workers.

Recognizing the signs of misdiagnosis

You may be one of those people who seeks medical advice whenever something doesn't feel right. On the other hand, you may frustrate your family by avoiding the doctor at all costs. In either case, if your confusing and persistent symptoms found you sitting on an examining room table, you were probably hoping for answers and advice.

While you may understand that diagnosing someone's medical condition is often a process of elimination, it can still be frustrating when you do not get well despite following your doctor's treatment plan. You are not alone if you begin to worry that your doctor has made a wrong diagnosis. Misdiagnoses are among the most common reasons for medical malpractice claims in New York and across the country.

Workers' compensation: Office workers get hurt, too

Most people know that working on a construction site or in a factory is dangerous. It is easy to spot the workplace hazards in these environments, but that does not mean all dangers are easy to spot. Office workers get hurt too, and they can seek workers' compensation just like people who are working in more physical industries.

New York office workers tend to spend large chunks of their days sitting in front of computer screens. While computers might be great for working efficiently, they can take a toll on the body. Upper back and neck stress is a problem for 30% of people in America. Many of these people even struggle to turn their necks from side to side. For some, the pain can get so severe that working is no longer an option.

New York Workers' Compensation & Personal Injury: Fighting Insurance Companies - We Take No Prisoners!

You had an accident. It wasn't your fault. Maybe your work place was dangerous. Maybe your boss failed to give you safety equipment. A scaffold collapsed. A ladder broke. An elevator fell. A roof caved in. Now you're in pain and can't work. Your life has changed. Maybe forever.

Keeping workers safe from illnesses caused by silica exposure

One of the most important roles of a New York employer is prioritizing the safety of all workers. In many types of work environments, this means minimizing the risk of an accident and making sure workers know how to safely do their jobs. In certain types of work environments, this also means that workers are not facing exposure to certain types of toxic materials, such as silica.

Silica exposure is a major concern for workers who breathe in these particles. It can lead to the development of serious health conditions. The Occupational Safety and Health Administration takes silica exposure seriously, and this organization has taken steps to implement various regulations and standards for employers. If you work in an environment where you may deal with this type of exposure, you need to know how to stay as safe as reasonably possible and what to do if you get sick.

What can you do after a denied disability claim?

The inability to work can affect your family in many ways, particularly regarding your finances. It's not easy to pay for what you need and support others who depend on you when a physical or mental disability keeps you from earning a gainful income. If you are in this situation, you may have grounds to move forward with a disability benefits claim. 

Even with a serious medical problem and completed application, it is still not easy to get disability benefits. Many applicants are surprised to find out that their initial claim came back denied. This is a setback, and it can be incredibly frustrating, but that does not mean that you are out of options. You have the right to appeal a denied claim and take other steps to pursue the financial support you need.

Common employee injuries in the restaurant industry

Every job comes with certain inherent risks, and everything from a desk job to construction work involves at least a minimal risk of experiencing an injury. However, there are certain jobs that may come with a slightly higher chance of resulting in an injury. This includes the restaurant industry, which may be more dangerous than you ever assumed.

Working in a restaurant can be a fun, fast-paced environment, but it can also be risky. If you have this type of job, you will find it beneficial to learn more about the potential risks you could face at your job and what your employer should be doing to keep you as safe as reasonably possible. This can help you avoid injury and protect your interests in case of an accident that results in your injury.

Were your Social Security Disability Insurance benefits denied?

Living without financial security compromises a person's well-being and standard of living. Social Security Disability Insurance benefits can help build that sense of security for people who are not able to work. Unfortunately, people who qualify for SSDI benefits are frequently denied the benefits they need. Understanding why a claim was denied can be helpful for filing an appeal.

Most SSDI claims are denied when they are still at the first stage of the process. The Social Security Administration -- SSA -- can deny claims for any number of reasons, including believing that a person's disability is not all that severe or will not last at least 12 months. A person's claim can also be denied if his or her disability was caused by drug or alcohol addiction.

Speed is often the deadly factor in an accident

For some drivers, the ever-increasing speed limits on highways in New York and across the country are never fast enough. While you may understand a driver speeding because of an emergency or even excuse someone who is late for an important appointment, the fact is that many drivers go faster than the posted limit simply because they enjoy going fast or because they do not think the rules apply to them.

Of course, this leaves you and your family in a vulnerable spot. In the past year, over 9,000 people nationwide died in accidents related to speed. This number may seem high to you, but it is actually a 6% drop from the previous year. Nevertheless, the statistics don't matter when it is your family suffering the grief of life-changing injuries or the loss of a loved one because another driver would not slow down.

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