Blog Archives - Âé¶¹´«Ã½ /category/blog/ Workers' Compensation Attorneys in New York City Mon, 08 Jul 2024 15:27:52 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 Safety Concerns Highlighted in New Industrial Worker Report /blog/safety-concerns-highlighted-in-industrial-worker-report/ Mon, 08 Jul 2024 15:27:52 +0000 /?p=8158 A focused industrial worker is operating machinery in a factory setting while wearing a yellow hard hat, safety goggles, earmuffs, and protective gloves.

In the industrial sector, safety training is a critical factor in employee retention and job satisfaction. Recent survey findings shed light on the impact of effective safety initiatives in the workplace. As companies struggle with workforce challenges, potential shortages, and work injuries, the role of comprehensive safety training becomes increasingly important.

Vector Solutions, a training and workforce solutions management company, surveyed 600 industry professionals and released "." According to the report, 81% of workers reported that training encourages them to stay with their current employer. This statistic demonstrates the importance of investing in employee development and safety education. Workers who feel their employers are committed to their growth and well-being are likelier to remain loyal to the company.

Moreover, the survey found that 62% of respondents acknowledged a positive correlation between job training and job satisfaction. When employees feel well-equipped to handle their job responsibilities safely and efficiently, it leads to increased confidence and job satisfaction.

What are common safety concerns and workplace challenges?

While training plays a positive role in retention, safety concerns can have the opposite effect. The survey reveals alarming trends that highlight the nature of workplace safety in the industrial sector. For example, 57% of respondents reported that safety issues led longtime employees to leave their jobs.

Additionally, 44% of respondents stated that safety concerns complicate hiring processes. This suggests that potential employees are increasingly prioritizing workplace safety when considering job opportunities. Most alarming, the report forecasts a deficit of 3.8 million manufacturing workers over the next decade.

How are safety concerns on the job being addressed?

Many companies fall short of providing adequate training and resources. The disconnect between acknowledgment and action suggests that many industrial employers may be missing opportunities to enhance workplace safety, improve employee satisfaction, and boost retention rates.

According to Clare Epstein, general manager of commercial at Vector Solutions, workplace safety plays an important role in workers' well-being and productivity.

"We conducted this study to better understand the current state of safety initiatives, training, and technology within the industrial sector. The findings revealed that employers have a lot of room for growth when it comes to prioritizing the safety of their workers, especially with regards to providing staff with accessible and comprehensive safety training," said Epstein.

The findings reveal a significant gap between the importance of safety and its current implementation. Employers have plenty of room for improvement when it comes to prioritizing worker safety. Specifically, there's a need for more accessible and comprehensive safety training programs. This is especially true for industries with high injury and death rates.

Common industrial worker injuries

In New York and across the nation, industrial workplaces are often the sites of various types of worker injuries. Here are some of the most frequently reported injuries among industrial workers:

Repetitive Strain Injuries (RSIs)

These injuries occur from performing the same motion repeatedly over long periods. Common examples include carpal tunnel syndrome and tendonitis, which often affect the hands, wrists, and elbows.

Hearing Loss

Prolonged exposure to high decibel levels in industrial settings can lead to temporary or permanent hearing damage. Industries particularly affected include manufacturing and construction, where heavy machinery and equipment generate significant noise.

Respiratory Issues

Workers exposed to dust, fumes, chemicals, or other airborne particles can develop respiratory conditions such as asthma or chronic obstructive pulmonary disease (COPD). Proper ventilation and respiratory protective equipment are crucial in these environments.

Cuts and Lacerations

These injuries are common in workplaces involving sharp materials or tools. They can range from minor cuts to severe wounds requiring immediate medical attention.

Burns

Burns in industrial workplaces may result from exposure to fire, hot surfaces, steam, or hazardous chemicals. These can vary greatly in severity and may require extensive recovery periods.

Falls

Slips, trips, and falls are common in industrial settings, especially where there is poor housekeeping or inadequate fall protection. These accidents can lead to injuries ranging from minor bruises to serious fractures or head injuries.

Musculoskeletal Disorders

These injuries are caused by lifting, carrying, pushing, or pulling heavy objects, often leading to back injuries, muscle strains, and joint damage.

Traumatic Brain Injuries (TBIs)

In environments where workers are at risk of falling objects or collisions, TBIs can occur, leading to serious health complications and requiring long-term medical care.

Amputations

Working with heavy machinery without proper safety mechanisms can result in severe injuries, including the loss of limbs or other body parts.

Hurt on the job in New York? Our work injury attorneys are here to help

If you've been injured on the job in New York, it's important to understand your rights and options for seeking workers' compensation benefits. At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, our workers' compensation lawyers have been defending the rights of injured workers for over 90 years. Our attorneys can guide you through every step of your workers' compensation claim—from filing the initial paperwork to appealing a decision if necessary.

To get started on your New York workers' comp claim, contact us today for a free case evaluation. We handle workers' compensation claims in NYC and across New York State.

"I had to use them on 4 different occasions (cases) and they never disappointed me. Very professional and reliable. Highly recommend." - Former client.

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Your Legal Options if You've Been Diagnosed with Mesothelioma /blog/legal-options-diagnosed-with-mesothelioma/ Thu, 12 May 2022 15:03:16 +0000 /?p=7632 danger asbestos warning signPeople who were exposed to asbestos on the job have recourse

For many decades, asbestos was used in insulation and other products, even though the companies that manufactured it were well aware of the health risks. Millions of people in New York and around the country may have been exposed to asbestos, and decades later, many have been diagnosed with mesothelioma — a type of malignant cancer that affects the lungs and abdomen.

If you or a loved one was diagnosed with mesothelioma, you have recourse under the law. You can seek compensation for your medical expenses, pain and suffering, and other costs related to mesothelioma. However, getting the compensation you need and deserve can be an uphill battle. That's where an experienced mesothelioma attorney can help.

Who is at risk of mesothelioma?

The vast majority of mesothelioma cases are caused by exposure to asbestos, which was commonly used in a variety of construction and manufacturing applications from the 1940s through the 1970s. Workers who were at high risk of exposure include:

  • Insulators
  • Construction and demolition workers
  • Home services (e.g. HVAC, plumbers, electricians)
  • Industrial workers and mill workers
  • Railroad and shipyard workers
  • Power plant workers
  • Engineers
  • Firefighters

While manufacturers stopped using asbestos in new construction and new products decades ago, the disease can also take decades to develop, sometimes even 50 years or more. Today, there are about 3,000 mesothelioma cases diagnosed annually. Most of those cases are in men over the age of 60, and about a third of victims are veterans.

What are the legal options to get compensation for mesothelioma?

Mesothelioma victims have been fighting for compensation from the companies that produced and distributed asbestos products for decades. The first successful lawsuit was Borel v. Fibreboard Paper Products Corp. in 1973; the plaintiff, Clarence Borel, was an insulator who ultimately died of mesothelioma. After the Borel case, thousands of mesothelioma patients, mostly workers, filed lawsuits around the country.

Starting in the 1980s, many of the companies that produced asbestos products declared bankruptcy, which shielded them from future litigation. As part of the bankruptcy proceedings, these companies established mesothelioma trust funds that pay compensation to people who were exposed to asbestos via those companies' products.

Depending on the circumstances, a mesothelioma patient may have access to any or all of the following options:

  • Negotiate a settlement or file a lawsuit against an asbestos company.
  • File a claim with a mesothelioma trust fund.
  • File a claim for other disability benefits, such as veterans' benefits.

Because of the long delay between exposure and diagnosis, mesothelioma lawsuits can require in-depth, exhaustive investigation. Mesothelioma attorneys may need to pore over decades-old purchase orders and other records to figure out where the victim was exposed and which company or companies manufactured the asbestos products. It's also sometimes unclear which state's laws apply to a mesothelioma case, especially if the worker was exposed while working jobs in multiple states. This is why experienced legal help can make a meaningful difference.

If you've been diagnosed, talk to an attorney today

The stakes are high in mesothelioma cases because of the high cost of treatment, pain and suffering, and other costs of the disease. The average settlement is between $1 million and $1.5 million, and the average jury verdict is between $5 million and $11 million, but those averages are not guarantees. Every case is different and needs to be evaluated on its individual merits. Only an attorney can listen to your story, advise you of your options, and help you find the right strategy to move forward.

If you or a loved one has been diagnosed with mesothelioma, you need legal advice now. There are strict legal deadlines that apply to mesothelioma claims, and it's not always immediately obvious which deadline applies. The sooner you have an attorney investigate your case, the better the odds of a positive outcome. Contact us today to schedule a free consultation with an experienced mesothelioma attorney.

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New York State to Dramatically Slash Workers’ Compensation /blog/ny-state-slash-workers-compensation-benefits/ Wed, 20 Sep 2017 21:45:10 +0000 /?p=4909 'Draconian' changes made in secret 'will harm families statewide,' attorney says

New York City Workers' CompensationThe state Workers' Compensation Board published proposed guidelines shortly before midnight on Labor Day weekend outlining changes that would decimate the state's workers' compensation system and put thousands of families at risk of ruin, according to attorney Victor Pasternack of Pasternack Tilker Ziegler Walsh Stanton & Romano,ÌýLLP.

"The weekend we're supposed to honor labor and celebrate the sacrifices that labor made, these guys [the state Workers' Compensation Board] released this draconian set of guidelines," said attorney Pasternack. "This proposal will kill workers' comp and devastate families throughout New York. It's an insult to hardworking people statewide."

Pasternack is the managing partner with over 40 years of experience at Pasternack Tilker Ziegler Walsh Stanton & Romano,ÌýLLP, a law firm that has represented over 100,000 New Yorkers in workers' compensation claims. New York AFL-CIO president Mario Cilento agreed with Pasternack, according to a Sept. 10, 2017 , calling the proposed changes "wholly unjustifiable."

The proposal would completely dismantle protections for workers that have been in place since the early 1900s. Such changes would "drastically reduce, and in most cases eliminate, compensation for permanent injuries to limbs, including: fractures; torn ligaments, tendons, and cartilage; dislocations; and surgery up to and in some cases including total joint replacement," according to the . Specifically, a found that:

  • Average award for injured workers would be cut by 84 percent, from $18,873 to $3,023.
  • 88 percent of workers would see their benefits cut to essentially zero.
  • 14 out 17 workers would receive no compensation at all for a permanent injury.

In April, Gov. Andrew M. Cuomo signed into law the proposed New Permanent Impairment Guidelines, which are part of Workers' Compensation Law (WCL) § 15(3)(x), according to a . But the proposed guidelines were not published until Sept. 1, shortly before midnight on Labor Day weekend, Pasternack said, adding that the board "buried" the 81-page proposal on its website, making them "impossible to find." TheÌý.

If approved, the new guidelines will go into effect on Jan. 1. Public comment will be accepted for 45 days until Oct. 23. The Board has provided a , but Pasternack doubts the board will take such comments seriously. "The Board deliberately created a cumbersome comment link that makes it difficult for New York workers to respond. They don't want feedback. They don't want dialogue. They want to push these new guidelines through as quickly and quietly as possible."

Pasternack urged citizens of New York to directly contact the Board and politicians to express their opposition to this proposal. "The public needs to speak out and put pressure on the Board, the Governor and our legislature to stop these cruel changes from going into effect," Pasternack said. "The health and well-being of potentially every worker in New York is on the line. This needs to be stopped."

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Workplace Accident Fatality Rates Rising Among Older Workers /blog/workplace-fatality-rates-rising-older-workers/ Wed, 13 Sep 2017 17:00:45 +0000 /?p=4905 A workplace accident can dramatically impact the lives of workers across all ages and professions. But while on-the-job fatality rates are falling in New York and across the United States, recent statistics indicate that one age group in particular is experiencing an increase in fatality rates: workers age 55 and older.

Workplace Fatality Attorneys New YorkWith more and more older workers choosing - or simply needing - to work past retirement age, it's critical for employers to adapt to the new reality. If an employer fails to take the steps necessary to keep workers safe and a loved one is injured or killed, a New York City workers' compensation attorney can help secure the financial compensation you and your loved ones deserve.

What age groups are most at risk of a workplace injury?

According to an Associated Press of federal workplace accident statistics, more than one third of all workplace fatalities involved a worker age 55 or older in 2015.

What makes this data especially worrisome is that while on-the-job fatality rates fell more than twenty two percent nationwide between 2006 and 2015, fatality rates among workers aged 55 and older did not follow this trend. In fact, the fatality rates for this age group increased.

The Associated Press analysis suggests a correlation between these on-the-job fatalities and the amount of retirement-age workers who have chosen to continue to work full- or part-time. The amount of working adults age 55 and over has grown 37 percent over the duration of the study, the highest increase of any one age group.

The study also notes that while statistical evidence proves that fatality rates among older workers has increased, researchers also were quick to note that it isn't just workers aged 55 and older that need protection or accommodations. Workplace safety applies to workers of all ages.

What types of accidents are most dangerous for older workers?Ìý

In addition to looking at the number of accidents affecting older workers, the Associated Press also shed light on the types of accidents leading to fatal workplace injuries:

  • Fall down accidents rose 20 percent.
  • Struck by objects and equipment accidents rose 17 percent.
  • Transportation-related accidents rose 15 percent.
  • Explosion and fire-related accidents decreased 8 percent.

The Associated Press analysis also noted that in 2013, nearly half of older workers reported their jobs required physical effort and more than a third reported difficulties completing physical tasks.

With so much evidence documenting the safety needs of workers age 55 and older, it's more important than ever before that employers take every precaution necessary to keep their employees safe from harm.

But when employers choose to ignore safety concerns on any level, regardless of whether it leads to a severe back injury or an on-the-job fatality, accident victims and their loved ones have a right to fair compensation for that workplace accident.

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Hospitals Most Dangerous Job Site for New York City Employees /blog/hospitals-most-dangerous-job-ny/ Wed, 30 Aug 2017 20:53:26 +0000 /?p=4897 A new study by reveals hospitals are the most dangerous worksites for New York employees. New York was also ranked 40th overall in most dangerous states to work in.

Employees have a right to expect a reasonably safe workplace under New York law. The New York makes specific provisions for safety in the workplace. Employers which do not follow these laws are subject to regulatory penalties (such as suspension of a business license), fines, civil lawsuits and even criminal charges.Ìýhospital workers most at risk for injuries in New York

Hospital workers face a myriad of potential hazards while carrying out their daily duties, including:

  • Workplace violence (typically from patients, who may suffer from dementia, have a history of violence, be under extreme stress or impaired under the influence of drugs/ alcohol);
  • Back injuries, primarily due to patient lifting requirements;
  • Illness due to working in close proximity to those with infectious diseases;
  • Needle injuries.

According to the Occupational Safety and Health Administration (), hospitals have reduced worker injuries over the last several decades, but not as effectively as other industries.

The Zippia study identified and weighed several factors to identify the "most dangerous" states and industries. First, it examined OSHA's injury reports, and divided each state's total reports by the number of workers employed in that state. Next, fatality rates reported by the Bureau of Labor Statistics were weighed as a separate factor in the analysis of dangerousness. Finally, data from the Insurance Institute for Highway Safety was broken down to determine the number of injuries in each state per mile driven.

Real Life Accidents in the Healthcare Industry

Injury statistics are more than just numbers. Real employees' lives can be devastated by the effects of workplace injuries. Consider the example of a Philadelphia nurse who damaged a disc in her back while assisting to move a patient. Ìýreports she required surgery to install a metal cage and four long, sharp screws in her back. "The career I had as a floor nurse is over," the injured nurse lamented. NPR also reports nurses and nursing assistants suffer back and musculoskeletal injuries at a rate approximately three times greater than construction laborers.

Violence in the workplace is another very real danger faced by healthcare professionals.

reports on a series of troubling violent incidents in hospitals, including: a Baltimore doctor who was shot and critically injured by a gunman; a man in Valley Stream, New York who broke a chair and used the legs to beat a nurse; a gunman who opened fire in a Laurinburg, North Carolina hospital after a bar fight; and a man who killed two hospital employees in a Columbus, Georgia hospital after being dissatisfied with his mother's care. CNN interviewed one emergency nurse who reported that she had been scratched, bitten, spat upon, and struck hard enough to break her jaw. The assailant later apologized, saying that he was "tired of waiting".

And here in New York City, a disgruntled former employee opened fire in a Bronx hospital before killing a female doctor and turning the gun on himself. According to , Dr. Henry Bello had recently resigned from the hospital shortly before he was set to be fired. He returned to the hospital and opened fire. He killed a female doctor before turning the gun on himself, and critically injured six others in the attack.

Hospital employees must exercise constant vigilance in the exercise of their work duties. Stay alert for unusual activity, and be prepared with a backup plan in the event of violence.

If you or a loved one has been injured on the job, contact a New York City workers' compensation attorney as soon as possible. You have legal rights which must be protected.

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OSHA Delays Put New York City Workers in Danger /blog/osha-delays-put-nyc-workers-danger/ Wed, 30 Aug 2017 20:47:14 +0000 /?p=4893 Every year, government regulatory agencies must make decisions about which safety rules to pursue, and which to abandon. While this is a necessary fact of life for agencies with limited resources, it nonetheless leaves workers exposed to unnecessary dangers in the workplace. In recent months of a changing political climate, there have been even fewer regulations.Ìýosha delays regulations

Those who do suffer on-the-job injuries would be wise to explore benefits through workers' compensation, which can cover costs for medical expenses, a portion of lost wages and more.

OSHA's Latest Regulatory Agenda

On July 20, 2017, the Occupational Safety and Health Administration announced its spring regulatory agenda. The agenda was closely aligned with President Donald Trump's stated policies of fewer worker safety regulations throughout America. According to , the following proposed regulations have been abandoned entirely, with no replacement rules in any state of proposal:

  • Limits on worker exposure to combustible dust
  • Safety rules for vehicles reversing on construction sites and factories
  • Updated guidelines for calculations of permissible limits of chemical exposure for workers

Other rules have been moved to the "long term action list," which indicates they have little chance of moving forward. These include: emergency response and preparedness regulations; protections for infectious diseases in healthcare settings; and a series of fixes for cranes and derricks in construction sites.

Cost of Ineffective Regulations

Ineffective - or worse, nonexistent - regulations cause much damage beyond employee injuries. The economic costs of healthcare bills and lost wages hurt employers, as well. Rising premiums for workers compensation insurance can outpace the savings of a hasty workplace safety program. And employees whose job must be replaced due to permanent injuries or death bring their employers the added expense of turnover. Yet business advocates seem largely impervious to these economic realities.

"This suggests the Agency [OSHA] is taking a responsible approach to regulating and trying to focus on those areas where there is the most need," claims Marc Freedman, who is the executive director for labor law policy at the United States Chamber of Commerce. Such statements ignore the very real public health risks of, for example, infectious diseases - a health risk which is immune to politics or rules. Such a health risk will endanger hospital staff, patients, the public, and politicians alike.

Regardless of the state of current politics or federal regulation, employers are wise to protect themselves from liability by ensuring that their employees are reasonably protected against all foreseeable health risks. Not only will employers see benefits in the form of reduced turnover, but their risk management rating can be lowered, thereby reducing insurance premiums. Moreover, the New York makes specific provisions for safety in the workplace. Employers which do not follow these laws are subject to regulatory penalties (such as suspension of a business license), fines, civil lawsuits, and even criminal charges.

Employees, too, should do their part to ensure they are in a safe working environment. Make your employer aware of long-term or systemic problems. Implement personal habits (such as hand washing and wearing non-slip shoes) which will reduce your risk of injury.Ìý Be alert for safety risks, and rectify these hazards as soon as possible.

Injured employees have legal rights which must be protected. Contact a New York City workers' compensation attorney as soon as possible after any work-related accident.

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Workers' Compensation Drug Formulary Adopted /blog/workers-compensation-drug-formulary-adopted/ Thu, 27 Jul 2017 15:50:39 +0000 /?p=4861 New York City Workers' CompensationThe 2017-2018 budget agreement for New York state included numerous workers' compensation reforms. ÌýAmong these reforms is a drug formulary requirement.ÌýLegislators cited a number of recent studies showing a drug formulary in workers' compensation cases could slash costs in New York by nearly 30 percent. That's big when you consider that, as noted by the , prescriptions account for 17 percent of all workers' compensation costs nationally. On claims older than 10 years, prescriptions account for 45 to 50 percent of the costs.

 

The trend of introducing drug formularies into state workers' compensation systems has become increasingly popular as the use and cost of prescription medications for injured workers has risen.

Just in 2014, prescription drug prices soared 11 percent, almost triple the decade yearly average of 4 percent.

What is a Drug Formulary

A drug formulary is a list of drugs with a reimbursement status. For example, certain drugs may be listed as preauthorized, while others may indicate they are not allowed/authorized. In some cases, certain drugs may be listed as both. On average in most formularies, about 24 percent of drugs are on the non-authorized list.

There are a few different goals with drug formularies in workers' compensation cases. Those include:

  • Contain drug costs
  • Improve return rates
  • Reduce incidence of overprescribing (opioids in particular)

Four of the 10 most expensive drugs listed by the NCCI are opioids, including oxycontin, oxycodone, Percocet and hydrocodone.

How Opioids Can Affect Those on Workers' Compensation

Opioid use across the country has grown to what some describe as "epidemic" proportions.ÌýThe specifically studied the effect on workers' compensation claims. What they discovered was that opioid use beyond treatment of acute pain can actually hinder progress, and in the long run has high rates of addiction.

launched an analysis of the issue last year, finding that a majority of workers' compensation claims involving pain medications included opioids, which are highly addictive and potentially lethal if not taken exactly as directed. In New York, 73 percent of such claims involved opioids.

Prescription opioid abuse reportedly costs employers in the U.S. an estimated $25 billion annually. But the cost to workers is even more dire, with many suffering addiction, overdoses and even death. Some have even called it "the fatal cure." Research by the Hazelden Betty Ford Foundation found that the more professional stature one has, the less likely one is to have their addictions checked.

There is some precedent for reimbursing workers or families for medication-related injuries when those drugs were taken as part of their workers' compensation benefits. Although several such claims have been denied, a few have been approved.

Other cases have arisen when workers return to work, but are continuing to take their prescribed pain medication. Those individuals may not be as mentally sharp or reflexive, leaving them more prone to suffer another on-the-job injury.

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New York Workers’ Compensation: Coming-and-Going Rule and Exceptions /blog/coming-and-going-rule-exceptions/ Thu, 27 Jul 2017 15:04:51 +0000 /?p=4858 Most people don't give much thought to their daily commute. However, if you are injured on your way to work, you may have a difficult time getting workers' compensation in New York. That is in large part due to the "coming-and-going" rule.

This is a common law principle holding that if you are coming or going from a routine work commute, your employer isn't benefiting from this. Therefore, your actions aren't deemed to be in the course and scope of employment.coming and going rule

As noted in the 1995 decision of Ìýby the N.Y. App. Div. 3d, accidents that happen on the way to work are generally not considered to be in the course of employment. In that same case, the court ruled that in considering whether an action occurs in the scope of employment - or whether the activity is purely personal - is to determine whether the act was sufficiently related to work.

However, as our New York City workers' compensation lawyers can explain, this rule is not absolute. There are numerous exceptions that may be applicable in your situation. Determining whether you may have a viable claim will take a consultation with an experienced attorney.

Exceptions to Coming and Going

While injuries that occur during a routine commute may not be compensable, there are many cases in New York wherein an exception to this rule has been identified and applied.

One of the most common exceptions is one that involves a "special mission." This is one that involves an errand or some other trip that benefits the employer. For example, if your boss asks you to pick up coffee for the office on your way in to work and you are in an accident at that time, this may be deemed part of the "special mission" exception. Note that in this situation, if the other driver was at-fault, you would likely be able to collect workers' compensation and pursue a personal injury claim against the other motorist.

Courts have also allowed exceptions in cases where employees were operating a company-owned vehicle at the time of the commute.

Other exceptions have been allowed in cases where a worker is deemed a "traveling employee." Many workers these days carry out their actual work off-site, and may only report to a fixed location occasionally. Some examples might include:

  • Home health aide
  • Cable repair person
  • Inspectors required to visit different sites each day

In these cases, if you report straight to one of these other destinations, you may be entitled to benefits while on your way into work - even if you weren't being paid during your commute. If you are paid for your commute time, you may also be entitled to workers' compensation.

Another exception is one sometimes referred to as the "continuous coverage" exception. When an employee travels overnight at the employer's behest, even injuries that occurred during "down time" and not actual travel might be considered to be in the course and scope of employment.

Workers who run personal errands during the work day may or may not be entitled to benefits, depending on the individual circumstances.

You Need an Attorney

While we recommend all workers' compensation claimants who suffered serious injury to consult with an attorney, those injured during a commute will need to seek a lawyer who is skilled and experienced. These cases likely will not be simple or straightforward, and will require a legal team willing to delve into the often laborious process of providing evidence to support the assertion that the injury was covered.

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Study: More Nyc Work Injuries At Companies With High Pressure To Earn /blog/workplace-injuries/pressure-causes-work-injuries/ Thu, 29 Jun 2017 18:11:28 +0000 /?p=4832 New York City Workers' CompensationAccording to a new study published recently in the , the higher the pressure to meet earning quotas, the more likely the odds of workplace injury.

Study authors posit a causal relationship between companies that barely meet or just exceed their financial earnings forecasts, comparative to those that missed or exceeded that mark by a wider margin.

Researchers believe the reason for this connection is because managers focused intensely on production and the bottom line are less concerned with worker safety and well-being. They are more likely to require employees to work overtime or to accomplish more in less time. They are also less likely to invest in important safety precautions, such as proper training, necessary tools and equipment.

New York City Workplace Injuries

The reported that in New York in 2015, there were nearly 150,000 private industry injury and illness cases, with about 87,000 of those being more serious (i.e., involving days away from work, job transfer or restriction).

There was no single "super sector" of private industry where workplace injuries and illnesses were concentrated, but those in manufacturing, construction and transportation tended to have the highest rates.

Just looking at New York City, the Bureau of Labor Statistics () reports there were 74 fatal work injuries in 2015.

Incidents in New York City that were most likely to result in workplace fatalities were:

  • Slips, trips and falls (24 deaths).
  • Violence by other individuals or animals (23 deaths).

These two causes combined accounted for 64 percent of all workplace deaths. Contact with objects or equipment was the third-most-common cause of workplace death and injury in New York City, followed by exposure to harmful substances or environments.

Worker injuries and deaths were far more common in private sector injury than in government. Construction and transportation workers had the highest injury rates. Eighteen of the workers who died in 2015 on-the-job were contract workers, meaning they were employed by one firm but working at the behest of another. These cases may be more complicated in terms of New York City workers' compensation benefits, so it is important to contact an experienced attorney who can help protect your rights and best interests.

Higher Risk of Injury With Higher Demands for Production

Authors of the recent study looked over more than 35,000 cases of reported work injuries from 2002 to 2011 from 870 companies. What they discovered was that those companies that just met or barely exceeded their earnings quotas, there was a workplace injury rate of 1 in 23 workers, compared to 1 in 27 workplace injuries within companies that did much better or worse in meeting this goal.

They also discovered in states where workplace injuries were more costly, managers were more diligent about ensuring workers were safe on-the-job, and were less likely to ramp up workloads or excess demands on employees.

If you have suffered an on-the-job injury in New York City, we can help you navigate the process of filing your claim, choosing a doctor and understanding the benefits to which you are entitled.

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Bill Extends Workers’ Compensation to New York Rideshare Drivers /blog/bill-extends-workers-compensation-to-new-york-rideshare-drivers/ Thu, 29 Jun 2017 16:49:47 +0000 /?p=4829 New York City Workers' CompensationRideshare drivers could soon have expanded coverage for work-related injuries, following the passage of New York's fiscal , which calls for amendments to the Black Car Fund. Further, rideshare services will now be permitted to operate throughout New York, rather than solely in the city.

Uber and Lyft drivers are a significant segment born of the so-called "gig economy," where workers hired for a single task or project, typically arranged through the digital marketplace, to work on demand. This has revolutionized numerous industries, including transportation. But it has also left us with many sticky legal questions to navigate, including the issue of workers' compensation.

Rideshare companies like Lyft, Uber and Sidecar (transportation network companies) have long argued that they are not an automobile service. Rather, they are technology platforms, and as such, drivers are independent contractors, not employees. Because only employees are entitled to workers' compensation, the reasoning goes, rideshare drivers in New York aren't entitled to workers' compensation. Compelling arguments can be made for an against the employee classification.

For example, with transportation network companies, drivers:

  • Use their own vehicles.
  • May work for multiple companies.
  • Do not work rigid schedules.

On the other hand, the rideshare companies:

  • Control hiring.
  • Control pricing.
  • Screens drivers.
  • Sets vehicle standards.

The main question typically raised is how much control a transportation network company has over the driver.

In several states, including Virginia and Alaska, rideshare drivers are specifically excluded from workers' compensation coverage.

In California, however, the California Labor Commissioner's Office determined in 2015 Uber drivers are employees, not independent contractors, but Uber has been fighting off employment lawsuits in that state left and right. In two multi-million-dollar settlements reached last year, Uber agreed to pay $100 million to 385,000 drivers in Massachusetts and California, but on grounds it would continue to classify workers as independent contractors. The state of California continues to lean toward classifying drivers as employees.

In New York, meanwhile, rideshare drivers have access to a , which offers workers' compensation coverage to companies who are participating members. Uber is required to participate, and fares are 2.5 percent higher to cover the fee.

The new bill would require all rideshare companies to participate in the Black Car Fund, thereby ensuring all rideshare drivers will have workers' compensation in New York City.

For purposes of workers' compensation, the fund acts as the driver's "employer," per New York statutes. According to the site, the non-profit organization offers coverage of medical expenses and lost wages to ensure the city's for-hire drivers can be covered in the event of a job-related injury. There are approximately 300 member bases throughout the state, covering 70,000 drivers.

The governors' office reports the new budget also allows transportation network companies to operate across New York and sets uniform licensing standards, granting the Department of Motor Vehicles with broad oversight to ensure adherence to traffic safety laws, anti-discrimination protections, background checks and zero tolerance policies on alcohol and drugs.

Finally, a state board will be founded to review the impact of the newly-authorized expanded industry throughout the state.

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