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Long-Island-City, NY

The Workers’ Compensation Challenge: Waiting for Claim Ac...

As much as one would like for their claims to go through quickly, due investigation and fact-finding need to take place. On top of this, medical exams and screenings might need to be performed to confirm claims. What if you need medical attention right away? But in some cases, where you need medical aid right away, the question is: Do you still have to wait for an approval before seeking medical attention? What if the situation needed immediate treatment, which could avoid permanent and serious disability? Will an investigation take second priority over treatment? What about the provisions that protect the employer from unnecessary financial obligation? Will that have to be waived at the cost of life and death? With these considerations in mind, it is a relief to know that the law makes certain provisions for such cases that will protect both the employee and the employer.  (Dec 15, 2014 | post #1)

Long-Island-City, NY

What Does a Long Island Work Injury Compensation Lawyer D...

Under New York law, injured workers have a limited time of two years following an accident to file a Workers’ Compensation claim. If the worker has contracted a disease following an incident at his or her place of employment, then the two-year rule can be adjusted, extending the rule to two years from the date of diagnosis. Contacting a Long Island work injury compensation lawyer will provide the proper representation and information needed for anyone that believes they have a case. What a Long Island Work Injury Compensation Lawyer Does for Your Case The chosen Long Island work accident compensation lawyer will assist in filing a special form with the New York Workers’ Compensation Board. The form required is a C-3 form. The notice of injury is sent to the employer. The case will proceed through several steps and requires specific information the Long Island work injury lawyer works on, including the following: 1. An incident report is needed to determine the location of the work accident. 2. The worker’s employment status is verified with the employer. 3. Medical documentation is required to show that the injury was caused due to the work provided. 4. Check to see if the New York State Workers’ Compensation Board has jurisdiction over the claim. 5. The employee’s wage statements are gathered to ensure the proper calculations are made for the claim. Having proper legal representation is crucial to a Workers’ Compensation claim. The experience of a professional is the best course of action because some employers try to deny Workers’ Compensation claims by blaming the employee. Ways Employers Try to Avoid Workers’ Compensation Claims Some examples of ways employers try to avoid the Workers’ Compensation claim are: • Giving the employee bad reviews for work performance. • Stating that the employee had a previous injury that was not related to the employment. • Attempting to blame the injury on an incident outside of work. • Suggesting that the injury is healed before the employee states that it is. What Happens if the Workers’ Compensation Claim is Appealed Following a denied Workers’ Compensation claim, there is an appeal process. The appeal can be submitted two to three months following the denial ruling. Some employees even chose to appeal the ruling as far as the New York State Supreme Court. Having to appeal a Workers’ Compensation claim is common. Contested Workers’ Compensation cases happen for many reasons. Robert Golan, PC has represented injured workers in many Long Island and surrounding areas Workers’ Compensation cases. He has successfully argued and won three cases recently and high profile case appeals.  (Mar 14, 2014 | post #1)

Long-Island-City, NY

Reasons Why an Injured Worker May Not Qualify for Workers...

Those who appear to meet all of the eligibility requirements for Workers’ Compensation still may not qualify. This can be due to one of several reasons. Sometimes failure to qualify is simply due to the current Workers’ Compensation laws in their state. It could be because he or she falls into one of the exempt categories. If your employer tells you that you fall into one of these categories, and that you do not qualify for benefits, you may want to seek out a local Nassau Workers’ Compensation attorney for the surrounding areas of Long Island. The exempt categories include: • Domestic workers, such as housekeepers or babysitters, are not always covered. These employees are those who work within the home. In many states, employers are not required to cover these employees. • Agricultural and farm workers are exempt in most states. However, note that not every person who works on a farm is considered a farm worker. If you have questions about your employment category, or whether or not you are eligible for benefits, consult a Nassau work injury lawyer. • Any workers that are leased or loaned, such as through an employment agency, may not be eligible. States differ on whether the company or the employment agency is required to provide Workers’ Compensation coverage for an injured employee in this category. If you are having trouble getting this sorted out, a Nassau work accident compensation lawyer can help you find out whether you are eligible for benefits or not. • Casual or seasonal workers who only work at certain times of the year, or who work only intermittently or sporadically throughout the year are not always covered by Workers’ Compensation. This varies from state to state. • Undocumented workers are covered in some states and not in others. In some, the states let the courts decide. If you are an undocumented worker in New York, contact a Nassau Workers’ Compensation attorney today to help.  (Mar 14, 2014 | post #1)

Long-Island-City, NY

What Is Going On With New York’s Outdated Workers’ Comp S...

The Workers’ Compensation system, inherited by Gov. Andrew M. Cuomo, is over a century old. The New York system does not compare well with Workers’ Compensation systems in other states. Independent research and studies, carried out by the Worker’s Compensation Research Institute, makes it clear that the New York system is extremely dysfunctional. This is due to a variety of factors, but special interest lobbying and a failure to address current worker needs and interests were the two main culprits behind the system’s decline. Tackling the Outdated New York Workers’ Compensation System – What’s Wrong With It? The general consensus is that the New York system produces poor quality medical outcomes, and injured workers have to wait too long before receiving compensation. Slow compensation can easily lead to devastating consequences for injured workers and their families. Prompt attention and compensation for work-sustained injuries is beneficial to employers as well as the injured employee. Workers in the New York system, however, have to wait longer for their benefits than workers in other states. It is time for a change. Workers’ Compensation Board Tackles The Weaknesses Of The System The good news is that the Workers’ Compensation Board, during Cuomo’s tenure, has aggressively tackled the weaknesses of the system. The minimum benefit was increased from $100 to $150. This is a major step in protecting the most vulnerable workers in the New York system. The Board has also addressed the issue of the rising cost of workers’ compensation assessment on employers. Research shows that the cost to employers in New York is the fifth highest in the nation. Addressing The Workers’ Compensation Issue Of Processing Compensation Claims A different issue addressed by the board is the technology and business processes required in processing compensation claims and issues. Our claims system is over twenty years old. In other words, it was designed prior to the Internet age and revolution. An efficient system requires 21st century technology. Paper processing and reporting can be clumsy and haphazard. The board is replacing paper reporting and processing with electronic reporting. Electronic reporting is much more reliable, efficient, and faster. It makes it possible for the board to know exactly what injuries occurred and when a worker received payment. Outreach To Injured Workers In Updates To The Workers’ Compensation System The heart of the system is the injured worker, and the board plans to address efforts accordingly. The outreach to injured workers revolves around four elements; injured worker focus groups, labor groups, hosting injured worker days, and conducting injured worker surveys. This requires openness and transparency with the public. The board shares the outreach schedule and the comments received on the board website at www.wcb. After the conclusion of the study, they will include final recommendations and a detailed strategy for implementing the necessary changes. If you have specific questions, contact the Long Island workers compensation attorney or the Long Island workers compensation law firm.  (Mar 14, 2014 | post #1)

Plainview, NY

Queens Work Accident Compensation Lawyer

According to Queens work accident compensation lawyer, Robert Golan, PC, it is possible for an accident to occur at any time and at any place. Most accidents and injuries at the workplace are preventable when employees are taught how they are caused, as well as means to avoid accidents and protect themselves. While no employee would like to become injured while working, there are four prime injuries that could become a reality. Injuries to the Back at the Workplace This is the leading cause of workplace injuries due to lifting more than one can carry. Twisting, overextending, improperly lifting, straining, and bending also cause it. In order to prevent this from occurring, proper lifting techniques can be employed offering long-term protection. For example, bending at the knees and never at the waste is the first rule of thumb. Other aid is for more than worker to lift heavy items. Impact by Hit or Strike Work Accident Injuries When an employee experiences an impact by or strikes up against objects, this is the second most common workplace injury. Employees can protect themselves by remaining alert while on the job and make use of protective gear such as gloves, hard hats, and eye protection. Falling Workplace Accidents In order to prevent falling, employees should ensure they have firm footing and that they are wearing slip resistant shoes. They should pay attention to where they are walking, should not leap from level to level, and they should not walk backwards when directing any equipment. When carrying a load, they should see over it, the walkways should be clear of obstacles, and it should be well lit. If any spills occur they should be cleaned up immediately, especially grease. Workplace Accidents With Machinery The last major cause of injuries in the workplace is accidents involving machinery. More specifically, employees getting caught in the working parts of the machinery cause accidents with machinery. The safety shields, lockout procedures, and guards should always be used on any machinery with moving parts and equipment. Furthermore, only workers with training should be using machinery. Under no circumstance should anyone wearing loose fitting clothing or jewelry be operating machinery because it could become entangled in the moving parts. What to Do to Prevent Injuries in the Workplace It is important to remain alert to the hazards found within the workplace and learn to protect yourself against them by using procedures set in place to provide the safest environment possible. Equally as important, your company should establish safety guidelines in order to prevent accidents and injuries from occurring. If accidents do occur, consult with a Queens work injury lawyer immediately. Your Queens work injury compensation lawyer will be able to discuss your rights and responsibilities in a clear and concise manner.  (Mar 12, 2014 | post #1)

Utica, NY

Reasons Why an Injured Worker May Not Qualify for Workers...

Those who appear to meet all of the eligibility requirements for Workers’ Compensation still may not qualify. This can be due to one of several reasons. Sometimes failure to qualify is simply due to the current Workers’ Compensation laws in their state. It could be because he or she falls into one of the exempt categories. If your employer tells you that you fall into one of these categories, and that you do not qualify for benefits, you may want to seek out a local Nassau Workers’ Compensation attorney for the surrounding areas of Long Island. The exempt categories include: • Domestic workers, such as housekeepers or babysitters, are not always covered. These employees are those who work within the home. In many states, employers are not required to cover these employees. • Agricultural and farm workers are exempt in most states. However, note that not every person who works on a farm is considered a farm worker. If you have questions about your employment category, or whether or not you are eligible for benefits, consult a Nassau work injury lawyer. • Any workers that are leased or loaned, such as through an employment agency, may not be eligible. States differ on whether the company or the employment agency is required to provide Workers’ Compensation coverage for an injured employee in this category. If you are having trouble getting this sorted out, a Nassau work accident compensation lawyer can help you find out whether you are eligible for benefits or not. • Casual or seasonal workers who only work at certain times of the year, or who work only intermittently or sporadically throughout the year are not always covered by Workers’ Compensation. This varies from state to state. • Undocumented workers are covered in some states and not in others. In some, the states let the courts decide. If you are an undocumented worker in New York, contact a Nassau Workers’ Compensation attorney today to help.  (Dec 5, 2013 | post #1)

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