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New York Worker Injury Law Blog

Certain illnesses may expidite the disability claims process

Certain illnesses can make it difficult for someone to earn a living. There are times when a serious medical condition or physical impairment is severe to the point where it disables the victim, leaving him or her unable to pay for basic needs. In these situations, it may be appropriate for the individual to apply for disability benefits through the Social Security Administration. 

Applying for disability benefits can be a long and arduous process. Many applicants are not successful on their initial attempts, and it can take months or longer to secure benefits. However, there are certain types of particularly serious medical conditions that can expedite the application process. If you believe you may qualify for these benefits, you may want to speak with an attorney to determine if it is possible to expedite this process to allow you to get the benefits you need faster.

Too many construction accidents involve roof workers

Without proper planning before starting projects, lives are at risk. Too many construction accidents in New York involve roof workers. The Occupational Safety and Health Administration has strict safety standards and guidelines. Compliance is crucial to keep roof workers safe. The most important regulation is to provide workers with appropriate fall protection and adequate training in the correct use of a fall arrest system.

Each building's roof area is unique, and proper planning can ensure all hazards are addressed. According to OSHA, most fall-related violations involve steeped and sloped walls, unprotected edges and skylights. A simple slip or trip while working on a roof could cause life-changing injuries or death.

Tired drivers endanger themselves and others

When a New York driver gets behind the wheel, his or her main priority should be to stay focused and drive safely. This is difficult to do when overly tired, even if it's during the day and when driving only short distances. Fatigued driving is actually quite dangerous because most of the time, drivers are unwilling to admit when they may be too tired to drive safely or unable to stay focused on the road.

Like distracted driving or drunk driving, tired drivers may swerve, have difficulty keeping a consistent speed and react too late to certain hazards. It is actually quite risky to operate a vehicle while fatigued, and it can lead to a significant increase in the chance for an accident. If you suffered injuries in a crash because of a negligent driver, it is possible fatigue played a role in what happened to you.

Why your employment classification matters

When you go to work, clock in and do your job, you expect your New York employer will pay you fairly for all hours worked. Unfortunately, it is common for hourly workers to find they are not getting the full amount of wage they deserve because their employer misclassified them. This is not something to which you may give a lot of thought until you find you're not being paid fairly.

Your employment status matters. It can make the difference between whether you are eligible for overtime and a standard hourly rate of pay. If you are unsure of your classification or you believe your employer is doing things in order to avoid paying you the full amount of your earned wages, you may have a valid legal case. Wage and hour laws are complex, and you may find it helpful to speak with a legal ally to understand the options available to you.

Two outdoor diners injured in car accident

Outdoor dining is increasingly becoming the norm in New York. Many diners now see eating outside as a safer option than inside a crowded restaurant. Unfortunately, eating outdoors is not without its own unique dangers. A recent two-car collision injured two people who were enjoying an outdoor dinner at New York restaurant as well as one of the drivers.

The accident happened around 9:30 p.m., when two vehicles collided near the restaurant's outdoor dining area. One of the two vehicles then plowed through the wooden barrier around the dining area, injuring the two victims. It is not clear which vehicle the third injured party was driving.

You can appeal a denied disability claim

If you are unable to work because of a disabling medical condition or mental impairment, you understand the devastating financial implications firsthand. When you can't earn an income, you cannot provide for your family, take care of your basic needs or even save for emergencies. This is why you applied for benefits through the Social Security Administration. You may have been hopeful when sending in your claim, only to be devastated when it came back denied. 

It can be frustrating when a disability claim comes back denied. However, this is not the end of the road for you. It is possible to continue your pursuit of disability support by appealing the denial, and you can start by asking for a reconsideration of your claim. Many initial claims are not successful, and the need to appeal is normal.

What safety hazards could leave restaurant workers injured?

Certain jobs come with certain risks, even ones that may not seem especially dangerous. Working in a restaurant may seem relatively low risk, but it may surprise you to learn that there are actually quite a few hazards that can leave these employees with painful injuries. If you work in the food service industry, you should be aware of these risks so you can keep yourself as safe as reasonably possible.

In a restaurant, one of the most dangerous places to work is in the kitchen. Restaurants typically have high staff turnover, which means there could be relatively new and untrained workers in and out of the kitchen at any given time. This may lead to an increased chance of an accident, as can a number of other hazards. If you suffered injuries while you were at work, you could have grounds to pursue benefits through a workers' compensation claim.

Do I need Social Security Disability Insurance or SSI?

Securing benefits for your disability is essential for your financial future. But if you are confused about the difference between Social Security Disability Insurance and Supplemental Security Insurance, you are not alone. SSDI and SSI are often used interchangeably in New York even though they are two different programs. The Social Security Administration -- SSA -- runs both programs which share the same general requirement, so it is easy to get the two confused.

If you have ever taken a close look at a paycheck, then you may have already seen where Social Security taxes are withheld. Those taxes fund SSDI. To qualify, you must meet certain age and disability requirements, and you must have also worked and paid Social Security taxes for a sufficient period of time.

Things can go wrong when a truck driver applies the brakes

Truck accidents are complex events that often result in trauma, injury and property damage. Even when a commercial truck is moving at a slow rate of speed, a collision can result in damage that may leave innocent people dealing with significant injuries. Because these vehicles are so much heavier and bigger than other vehicles on the road, it is easy to see how these types of accidents are so serious and why victims often need continued care and support.

Many of these types of accidents are the result of the negligent or reckless operation of the truck. Truck drivers have the responsibility of making sure they are safe and attentive at all times, and New York trucking companies are responsible for making sure their vehicles are safe to have on the road. Frequently, truck accidents happen because of improper or delayed braking.

Construction accidents -- 3 injured, 1 dead

Three construction workers were injured and another was killed in a recent scaffolding accident in New York. Two of the victims' injuries were described as serious, while the third suffered minor injuries. Sadly, construction accidents have contributed to at least two deaths in the city since the beginning of 2020.

The three men were working outside the 11th floor of a 12-story building, performing repairs to its facade. As they worked, part of the building's parapet broke off and fell, slamming into a rig that two of the men were on. The rig collapsed onto the scaffolding below.

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