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New York Workers' Compensation Law Blog

Union membership can mean safer construction sites

There is no disputing the fact that construction workers should have safe work environments. These men and women face hazards on a daily basis that most people will never encounter. And yet, they are often subjected to egregious work conditions that can lead to serious injuries or fatalities.

Many people might not realize this, but one of the obstacles that construction workers face today is the decline in union memberships. Unions have a proven history of enforcing very strict safety standards. They are prepared to take action if there are workplace hazards. Unfortunately, the decrease in union membership means that there is less oversight of the construction sites around New York City.

Applying for social security benefits after a work injury

Becoming injured at work can be a heartbreaking thing to have to go through, since not only can it affect your health and well-being, but it can affect every aspect of your life. An injury at work can, unfortunately, result in financial difficulties stemming from extensive medical bills, lost wages due to taking unpaid leave, and an inability to return to work if a permanent disability is a consequence of the initial injury.

One of the ways that an injured worker can get financial help after an injury is through workers' compensation. In order to be eligible for workers' compensation, you must notify your employer of the work-related injury within 30 days of it occurring. While workers' compensation can be a financial lifeline for many, it does not always cover workers in the long term if they are unable to return to work. This is when the injured worker will need to consider other options, such as social security disability benefits.

Your employer should help you get back to work after an injury

Getting hurt at work can mean a sudden stop to your standard daily routine. You may have been used to taking care of yourself and working full time every day. After your injury, you may not be able to return to work. Spinal injuries, broken bones, head injuries and even soft tissue injuries could keep you from safely completing the tasks involved with your job. In some cases, you may require help with daily self care as well.

Your employer also has adjustments to make after your injury. They may need to review safety practices or repair or replace machinery. There is also the consideration of who will fill your role while you heal. Ideally, your employer wants to work with you to help you get back on the job as soon as possible. Knowing what your employer should do after a workplace injury can help ensure you receive the support you deserve.

Will workers' compensation cover accessible housing?

Workers in industries such as construction and engineering have a high risk of becoming severely injured while at work in the state of New York. While there are laws in place to protect workers who become permanently disabled, unfortunately, many workers do not realize the extent of the benefits to which they are entitled when their injury occurred in the workplace.

After a worker injured on the job, it is important that he or she notifies the employer of the work-related injury and file a workers' compensation claim within 30 days. Workers' compensation is a type of insurance that helps injured employees with some of the financial implications of their injury. This usually includes the coverage of all necessary medical care, and a contribution to the coverage of the lost wages due to taking unpaid leave during the recovery period.

Who isn't covered by workers' compensation in New York?

If you're a full-time worker in the state of New York, chances are that you benefit from workers' compensation coverage. As such, if you suffer a job-related injury, you can receive money to pay for your medical care, wage-replacement benefits, job training, temporary and permanent disability benefits and more depending on the details and extent of your work-related injuries.

That said, certain employees - according to state law - are exempt from workers' compensation coverage. In some cases, these employees are exempt because they benefit from other types of injured-worker protections. If your employment falls under any of the job categories below, make sure you fully understand the extent of your work-related injury benefits.

Slipped disk treatment: Take the right steps

A slipped disk is a serious injury that requires immediate medical attention. Without the right approach to treatment, there's a greater chance of suffering additional injury.

Depending on your profession, you may put a lot of strain on your neck and/or back on a daily basis. For example, this is common if you're staffed with the responsibility of lifting heavy items.

David Klein named a Top Lawyer on 2018 Global Who's Who list

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The Klein Law Group, P.C., is honored to announce that our Managing Partner, David Klein, has been named a Top Lawyer on the 2018 Global Who's Who list.

The Global Directory of Who's Who is an annual publication that recognizes executives and professionals for their accomplishments and contributions to the global marketplace. The firm is honored to have our Managing Partner's work recognized, and to be included in a network of highly accomplished attorneys.

Can you get disability benefits for mental health issues?

As someone who has been traumatized by an accident, you know that it's not just the physical injury that leaves you scarred. Sometimes, the hardest part of an injury is overcoming what happened to cause it. The memories, flashbacks and nightmares are enough to wear away at you, leaving you with anxiety, depression or post-traumatic stress disorder (PTSD).

Appropriately, the Social Security Disability (SSD) benefits offered in the United States are available to those who have psychological manifestations of injury. Mental impairments and disorders, as they're listed in the Disability Evaluation documentation from the Social Security Administration (SSA), must be proved through medical documentation.

East Harlem crane fall injures 3 construction workers

Despite the large number of high-rise buildings here in New York City, not all serious construction accidents occur at high altitudes. Case in point is an accident that sent three construction workers to Harlem Hospital on June 25. One of them was reported to be in critical condition. Another was described as suffering nonlife-threatening, but nonetheless serious, injuries. The third reportedly suffered minor injuries.

According to a spokesman for the Fire Department of New York (FDNY), the workers were injured when a mini crane fell four stories and struck them. New York's Department of Buildings (DOB) reported that the Jekko mini crane was being used to install a curtain wall when it rolled over, falling to the street.


The Social Security Administration or Law Judge must determine whether you are able to perform any gainful employment-not just the job you are trained for. How you get through your day-the tasks and errands you can do for yourself, and those you can't-are an important part of your case. Can you fix your own meals? Do your own laundry and clean your house? Do you travel to buy groceries, or to spend time socializing with friends or other groups of people? All these questions, and more, are part of the case you will present to the judge.


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