Hicksville Workers' Compensation Law Blog

A few ladder safety tips to help you prevent injuries

On behalf of Rosado, Apat & Dudley, LLP posted in Workplace Accidents on Wednesday, April 11, 2018.

If you're using a ladder on a daily basis, there's a good chance you could fall off the ladder and hurt yourself. For this reason, you may want to brush up on the following ladder safety tips from the Occupational Safety and Health Association (OSHA).

Here's what you need to know in terms of ladder safety:

Always read the labels on ladders and familiarize yourself with the safety information found on labels before using them. Be careful to adhere to these safety rules.
Keep away from any kind of electrical hazards. Makes sure your ladder is not close to power lines.
Inspect the ladder before using it. Fix the ladder if it's damaged and don't use it.
Keep three points on the ladder at all times. Either two hands and one foot or two feet and one hand. Keep your weight centered toward the middle of the steps when climbing.
Never put your foot on the top step or rung of the ladder you're using.
Only set up the ladder on a level and stable place.
Never put the ladder on an unstable base like a box or piece of equipment.
Don't move the ladder while someone is on it.
Secure ladders that are vulnerable to being hit or knocked over by other work activities.

What are the reasons for a workers' compensation denial?

On behalf of Rosado, Apat & Dudley, LLP posted in Workplace Accidents on Friday, March 30, 2018.

Insurers deny workers' compensation claims for numerous reasons. In some situations, the denial of benefits is legitimate and there's nothing a worker can do. In other situations, workers can appeal the denial to get the benefits they have a legal right to receive.

Here are some of the most common reasons why insurers reject a workers' compensation claim:

The employer claims that no accident ever happened and there aren't any witnesses to the accident.
The employee was not working at the time the injury occurred.
The injury wasn't serious enough to award compensation.
The type or nature of the injury or illness isn't covered under workers' compensation insurance.
A preexisting condition was the actual cause of the injury/illness.
The worker didn't require any medical treatment.
The worker didn't submit an injury report within the time limitation guidelines.
The employee was drunk or impaired by drugs when the accident happened.
The worker was not actually an employee when the accident happened.

4 common construction site injuries

On behalf of Rosado, Apat & Dudley, LLP posted in Workers' Compensation on Friday, March 16, 2018.

Workers' compensation lawyers see clients who have been hurt in virtually every kind of construction accident imaginable. However, there are some categories of accidents that attorneys tend to see again and again. Over time, attorneys develop hard-won experience in these areas of workers' compensation law, and this experience helps them represent their clients more effectively.

Here are four categories of accidents that frequently beset construction workers. Did you get hurt in one of these kinds of accidents?

Will workers' compensation benefits trigger tax liabilities?

On behalf of Rosado, Apat & Dudley, LLP posted in Workers' Compensation on Friday, March 2, 2018.

Imagine you fell of a ladder and broke your leg while carrying out your job duties in New York City. The broken leg will heal, but in the meantime, you're being hit with huge medical bills and the costs of not earning an income. Fortunately, you can qualify for workers' compensation benefits to pay for your medical care and the majority of your lost wages. The question is: What does the IRS have to say about these payments?

Many workers are concerned that they will have to pay taxes on the workers' compensation benefits they receive. However, the only situations when workers' compensation benefits could be partially taxed is when the worker is also receiving Social Security Income or Social Security Disability Insurance. Otherwise, no tax liabilities will be incurred due to the receipt of work comp benefits.

What kinds of injuries do office workers suffer from?

On behalf of Rosado, Apat & Dudley, LLP posted in Workplace Injuries on Friday, February 16, 2018.

Office injuries are a lot more common than you might think. In fact, according to the United States Bureau of Labor Statistics, three million non-life-threatening office-related injuries and illnesses happened in 2013 alone. Let's familiarize ourselves with the most common of these injuries so that we'll be better at avoiding them.

Office falls: Falls are the most common office-caused accident in the United States. The Centers for Disease Control and Prevention (CDC) claims that office workers have more than double the chance of suffering a fall accident than non-office workers. Here are the most common causes of these falls:

Slippery or wet floors
Standing on a chair to reach for something
Tripping on lose carpet, an open drawer, something in the hallway or another obstacle
Sitting on unstable chairs
Bad lighting

Sanitation worker suffers injury in street sweeper accident

On behalf of Rosado, Apat & Dudley, LLP posted in Workers' Compensation on Friday, February 2, 2018.

A New York sanitation worker was lucky to survive a recent on-the-job accident. While working on the streets of New York, the man's arm became trapped in the street sweeper as he was cleaning up the Bronx neighborhood.

The 50-year-old man, who moonlights as a jazz drummer, said the biggest worry he had at the time he got hurt was weather he'd ever be able to play the drums again.

New York workers' compensation: Disputing a denial of benefits

On behalf of Rosado, Apat & Dudley, LLP posted in Workers' Compensation on Friday, January 19, 2018.

Nearly every New York employee has workers' compensation coverage as a standard part of his or her employee benefits. This means that if the worker gets hurt during the course and scope of his or her employment, the state's workers' compensation program will engage to pay for the costs associated with medical care and time spent not earning an income while recovering.

Just because workers have these benefits, however, does not necessarily mean that they will be awarded them following an employment-related injury. For example, numerous workers in our state file for their much-needed benefits, and they're surprised to have the insurance company deny their claims.

Robot suit helps injured construction worker walk again

On behalf of Rosado, Apat & Dudley, LLP posted in Workplace Injuries on Friday, January 5, 2018.

A man who suffered paralyzing injuries on the job 10 years ago was recently able to walk again thanks to a high-tech robot. The paralyzed man went home with the roboticized exoskeleton which helps him power his hip and knee movements so he can stand up straight, turn around and walk.

The 39-year-old paraplegic man, who lives in Putnam County, said that he had spent countless hours daydreaming about the day he would walk again ever since his accident happened. "I couldn't believe (I was paralyzed) and was still thinking the doctor was mistaken…" He thought that a miracle would happen at some point and he would walk again, but it never did.

Here's why employers need a driving safety program

On behalf of Rosado, Apat & Dudley, LLP posted in Workplace Injuries on Friday, December 22, 2017.

In the United States, someone dies as a result of a car crash every 12 minutes and every 10 seconds someone suffers a car crash-related injury. Every five seconds a crash happens. For these reasons alone, business owners should be alert to create a safety program to ensure that their drivers stay safe on the road. However, a lot of companies and businesses have yet to create a potentially life-saving program like this.

To further convince business owners of why they need a driving safety program, take a look at the following benefits:

You will reduce the chances that one of your employees will suffer a debilitating injury, and you will reduce the chances that one of your employees will die on the job.
You will protect the financial resources of your company by preventing injuries that result in employee shortages and protecting your fleet of automobiles from costly damage.
You will protect your company from becoming liable for safety failures related to car accidents. This kind of liability could result in a serious financial setback for your form, or result in increased insurance premiums in the event of an accident.

What are the most common mining injuries?

On behalf of Rosado, Apat & Dudley, LLP posted in Workplace Accidents on Thursday, December 7, 2017.

Everyone knows that mining jobs are dangerous, but that doesn't mean you have to get hurt if you work at mine. If you educate yourself about common mining accidents, you'll have a better chance of staying safe and avoiding these potentially fatal dangers

Here are the most common mining injuries you'll want to avoid: