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New York Worker Injury Law Blog

Businesses have strong defenses to invalid worker' comp claims

When a worker gets hurt while performing the duties of their job, a New York business owner may worry about the types of legal challenges they will face. In many cases the worker will seek compensation for their period of recovery and often that compensation will come in the form of workers' compensation. In order to obtain workers' compensation benefits a worker must fulfill certain steps in the process and the failure to do so can provide employers with options for denying the employees' claims.

In particular, a worker must tell their employer when they get hurt on the job, and that notice must be timely. Waiting days, weeks, or even months to tell an employer about a worksite injury can create major challenges for their employer when it comes to investigating the injury-causing event. Missing reporting deadlines can be a defense to a workers' compensation claim.

Vocational rehabilitation following a workplace injury

A workplace injury can be a devastating blow. In addition to the pain, suffering and financial struggles, you may be dealing with the frustrating idleness that comes with a long recovery. You may never have thought you would say the words, but you wish you could just get back to work.

However, if you suffered a severe or catastrophic injury, you may have concerns about whether you will ever be able to return to your job. You are grateful for the workers' compensation insurance coverage that helped keep your family on your feet, but what happens after you have reached the fullest recovery you can expect?

What is a periodic continuing disability review?

Getting disability benefits from the Social Security Administration can be a huge step for a New York resident towards securing a more stable financial future for themselves. Disability benefits require individuals to suffer from ailments that prevent them from undertaking substantial gainful activity and that are expected to last for at least a year. It would seem based on the requirements that they must initially meet, then, that the review process for disability benefits is very strict.

A disabled New Yorker may feel as though, however, once they are approved for benefits that they are done working with the Social Security Administration. This is not the case. Individuals who receive Social Security Disability Insurance (SSDI) are required to submit to periodic continuing disability reviews (CDR) in the years following their benefits' approvals.

Staying safe as a pedestrian during darker commutes

The end of daylight savings time in November has brought about a darker commute home for many New Yorkers. Because pedestrian safety in the evening hours is the most perilous from November to March, officials across New York City are again launching several initiatives to promote safe commutes for both pedestrians and drivers.

The Dusk and Darkness Initiative, now in its third year and part of the larger Vision Zero campaign, promotes enforcement and education for pedestrian safety during the fall and winter. It has proven to be successful. Before the first initiative kicked off in 2016, severe pedestrian-involved crashes increased by nearly 40 percent in the dark evening hours of the fall and winter. In 2017, pedestrian fatalities decreased from 30 to 17.

What are my rights if a distracted driver hits me?

Distracted driving is a major problem on New York roads, but it affects communities all throughout the United States. It can take on many different forms, though most people just think of cell phone use as the cause of it. While texting, making calls, and using social media apps while driving are all dangerous distractions, other activities also pull drivers' attentions away from the roads. Eating, drinking, talking to passengers, grooming, and looking at maps are all causes of distracted driving accidents as well.

When an accident happens and distraction in the cause, a victim should remember that they have rights to seek their losses from the party that caused their harm. Distracted driving is a form of negligence as driver who is not looking at the road is not meeting their standard of care to others to act reasonably. As a result, a distracted driving accident victim may sue the responsible party for their damages which may include actual losses, pain and suffering, and other forms of loss.

Not Being Paid For Your Overtime?

Anyone working as a front-of-house staffer in a restaurant knows that it is anything but an easy job. The physicality of always being on your feet, the constant noise and stress, impatient tables and sometimes mediocre pay make being a server or similar position one of the most underappreciated service industry jobs. To make matters worse, some restaurants have shown a propensity for not always paying fairly.

You may have heard of this happening at several Houlihan’s restaurants across New York and New Jersey recently. The owner of 17 of these establishments had spent the last six years stealing wages and tips from employees.

Important steps to take after a construction site injury

The construction industry is an inherently dangerous environment for workers who choose to follow occupations within it. Certain types of accidents such as falls from scaffolding, crushing and machinery incidents, and others can afflict construction workers and leave them with serious and even life-threatening harm. Employers in New York and throughout the rest of the nation are required to follow certain regulations regarding safety at their construction sites, but despite these legislative and regulatory efforts individuals are still hurt while performing construction jobs.

When a worker suffers an injury at a construction site there are some important steps that they can take to protect their rights to make claims for the recovery of their damages. They should always seek medical assistance to help them diagnose and treat their accident-related ailments, which can range from minor bumps and bruises to serious physical trauma. A doctor can help a person mend their wounds and a construction accident victim can later use their medical records to demonstrate the harm they suffered.

Can I collect workers' compensation if an injury was my fault?

A serious accident can happen anywhere and at anytime. They occur while driving, at work, in schools, walking down the street and even in your own home.

Injuries at work are some of the most common because many jobs require activities that could easily lead to accidents. Some times, a workplace accident is at least partially caused by the injured employee. If you make a mistake and are injured at work, can you still collect workers’ compensation benefits?

Types of workers’ comp benefits

Getting hurt on the job is a bad situation for everyone. As an injured employee you have to muddle through the pain of the injury, miss work for a potentially extended period and contend with medical bills. Your family may also feel the strain as a source of income is cut off and may even have to take work off to help you recover.

Most people know that if you are injured while doing your job, you are most likely able to receive financial support by applying for workers’ compensation. What many people do not realize is that workers’ comp does not solely cover medical bills. With the support of a professional there are many types of benefits you may be able to recover after a work accident.


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