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Category: Workers’ Compensation

10 Common Long Term Workplace Illnesses

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10 Common Long-Term Workplace Illnesses

When people think of workers being hurt on the job, they often think of sudden accidents in which a worker is injured or killed.

Unfortunately, these aren’t the only ways that workers in New York State can be hurt on the job. Some workplace conditions can cause or contribute to long-term illnesses. These illnesses can develop gradually and become worse progressively. Many of them can ultimately be fatal.

Common Occupational Diseases

In New York, an occupational disease is any medical condition that is disabling and is caused by exposure to workplace irritants or stems from the nature of the work.

Here are 10 of the most common long-term workplace illnesses:

  1. Cancer from asbestos exposure. Construction workers, plumbers, electricians, or other workers exposed to asbestos in buildings — which has been banned for decades — can develop cancer as a result. Several types of cancer have been traced to asbestos, including mesothelioma, a cancer of the lining of internal organs that is rare and often fatal.
  2. Silicosis. Silicosis is an occupational lung disease caused by breathing crystalline silica dust.
  3. Hearing and vision loss. Workers who were not given appropriate safety equipment and worked in blasting, tunnel construction, or demolition can develop both vision and hearing loss.
  4. Carpal tunnel syndrome. Office workers whose hands and arms must be in certain positions and who are not provided adequate keyboard, computer, furniture or other equipment can develop carpal tunnel syndrome.
  5. Exposure to toxic fumes. The inhalation of paint and welding fumes can affect health. Multiple workers can be exposure to paint and welding fumes.
  6. Back injuries. Construction and warehouse workers can develop back injuries if they are not taught the proper method of lifting loads or are overtaxed.
  7. Heart attack and stroke. Stress can cause heart attack, stroke, and other heart disease-related illnesses.
  8. Repetitive stress injuries. Workers on assembly lines or other functions where they repeat movements can suffer repetitive stress injuries.
  9. Sick building syndrome. When 20% or more of the workers in a building becomes ill, the building can be classified as a “sick building,” and their illness “sick building syndrome.” The key is that the symptoms abate once the workers are not in the building. The symptoms can be respiratory, such as difficulty breathing or sinus problems, itching and burning eyes, fatigue, dizziness, or even cancer. The illness may come from the mold or other unhealthy conditions in the building.
  10. Complex regional pain syndrome (CRPS). This is a disease of the central nervous system that may develop after an accident.

The symptoms of long-term workplace illnesses often don’t become noticeable for many years on the job. As a result, both employers and insurance companies often argue that illness is not a result of workplace conditions.

All the more reason to have an experienced workers’ compensation attorney on your side.

Aronova & Associates: Workers Compensation Lawyers Long Island Trusts

Aronova & Associates are workers compensation lawyers Long Island relies on for aggressive and knowledgeable representation. If you or a loved one have an illness caused by the workplace, we will fight for your right to maximum compensation. If the illness caused your loved one to die, we can file a wrongful death case.

Call us today at (516) 640-3900 for a consultation about your case. The initial consultation is always free.

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Aronova & Associates is a firm for all New Yorkers. Our services are available in multiple languages and tailored to the needs of every client.  The first step in providing you with the help you need is a free consultation to discuss your case. When you’re ready to talk, we’re ready to get to work for you.

 

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5 Jobs That Are More Dangerous Than You Think

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5 Jobs That Are More Dangerous Than You Think

According to the U.S. Bureau of Labor Statistics, 2016 saw 5,190 fatal work injuries in the United States — a 7-percent uptick from the occupational fatalities reported in 2015. Loggers, commercial fishery workers, aircraft pilots and those working in the construction industry had the highest injury and fatality rates. Some lines of work are clearly more hazardous than others. It’s no surprise that jobs involving heavy machinery, power tools, challenging terrain and unstable structures rank high for workplace injuries and deaths, but some of the most dangerous jobs in America often go unrecognized.

Here are five jobs that are surprisingly risky and produce more fatalities than you’d expect.

#1: Outdoor Recreation Workers

Hiking and whitewater rafting guides, snowboard instructors and other employees who are exposed to extreme weather and environmental conditions are at great risk for injury and death. Snake bites, hypothermia, heat stroke, falls and drownings claim the lives of dozens each year.

#2: Landscapers

Mowing lawns and trimming shrubs may not seem exceedingly dangerous, but workplace injury rates in this field tell a different story. According to the US Bureau of Labor Statistics Census of Fatal Occupational Injuries, more than 130 grounds maintenance workers died in 2008. Many of the fatal injuries were related to heavy and sharp power tools used by the workers.

#3: Garbage Collectors

Being a trash or recycling collector may not be the most glamorous profession, and it isn’t the safest. The handling of waste can pose many health hazards over the long-term. In 2016, 31 trash collectors lost their lives to occupational factors, and the industry has the fifth highest fatal injury death rate, following roofers and airline pilots.

#4: Cashiers

Believe it or not, cashiers are rated the 20th most dangerous job in terms of illnesses and non-fatal injuries requiring time off of work. Cashiers are constantly exposed to the public and are more prone to colds and flus. Other health concerns include back pain, swollen feet and carpal tunnel syndrome. Whether working in a gas station, restaurant or bank, the biggest safety concern facing cashiers is a robbery turned homicide.

#5: Taxi Drivers

You might think that traffic accidents were the biggest concern for cab drivers. In fact, taxi drivers and chauffeurs are more likely to die from violent crime than they are from a crash. While driving unruly passengers or in dangerous neighborhoods, they are often in harm’s way. The fatality rate for taxi drivers is 18 deaths per 100,000 workers, making this a surprisingly risky job.

Were you injured on the job?

If you were hurt on the job, it’s important to protect your legal rights. The law firm of Aronova & Associates can ensure you get the worker’s compensation benefits to which you’re entitled under the law. Our talented legal team has over a decade’s experience working with the New York State Workers’ Compensation Board and knows how to maximize the value of your claim.

Set up a free consultation with a skilled job injury lawyer New York trusts, by calling our Manhattan office at 516-640-3900.

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Ready to Work for You

Aronova & Associates is a firm for all New Yorkers. Our services are available in multiple languages and tailored to the needs of every client.  The first step in providing you with the help you need is a free consultation to discuss your case. When you’re ready to talk, we’re ready to get to work for you.

 

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10 Reasons Workers Comp Claims Are Denied

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10 Reasons Workers Comp Claims Are Denied

When you fall off a scaffold at a building site or develop a chronic illness because of your job, workers’ compensation benefits are designed to cover your medical expenses and lost income. In New York, this no-fault coverage provides wage replacement benefits and medical care for work-related ailments and injuries. After getting sick from your job or suffering an occupational injury, it can be incredibly disheartening to have your worker’s compensation claim denied.

Even though workers’ compensation is based on a no-fault system, claims can be denied for numerous reasons. There are deadlines and rules that must be followed, and other pitfalls that can mire your chances of getting paid.

Like anyone who is hurt on the job, you are counting on those benefits to help make ends meet. Let’s take a look at why insurers commonly dispute worker’s comp claims, and always keep in mind that you still have the opportunity to appeal your claim.

#1 You did not notify your employer in time

According to The New York State Worker’s Compensation Board, all employees who are injured on the job must notify their employer in writing about the incident within 30 days.

#2 Your work-related injury stems from a pre-existing condition

Insurers may reject the claim if they believe that you had a pre-existing condition or injury before starting your work and that workplace duties did not exacerbate the problem.

#3 You did not seek medical treatment

In order to receive worker’s comp benefits, your injury must have been treated and documented by a healthcare professional. Without these medical report, there is no evidence to support the nature or extent of your injuries.

#4 You did not get treatment from an approved doctor

All employees are presented with a list of approved medical providers from whom they can seek treatment. If you go outside of this network, your claim can be rejected.

#5 You were under the influence of drugs/alcohol at the time

If a drug test reveals that you were under the influence of any illicit substance at the time of the injury, the insurers will fight hard to deny the claim.

#6 You were not working at the time of the injury

To qualify for workers’ comp benefits, the injury must have happened while you were performing your normal work duties, not while you were on a lunch break.

#7 You knowingly failed to use safety equipment

Benefits are not provided to workers who are injured because they failed to use safety equipment or devices that were mandated and provided.

#8 Your injury is not covered by workers’ comp

Workers’ comp covers the majority of on-the-job injuries and illnesses, but there are some exceptions. The most notable are those injuries which are attributed to horseplay, criminal activity or violation of company policies on proper conduct.

#9 There were no witnesses or camera footage

Your employer will likely dispute your claim if there were no eyewitnesses to corroborate your allegations, or if the accident wasn’t caught on surveillance footage.

#10 Your medical records are insufficient

The medical records submitted must contain detailed information about the history and circumstances of your injury, and every body part that was affected.

Seeking legal advice in New York

One of your biggest rights as an injured worker in New York is the right to appeal a denied worker’s compensation claim. Ensure your chances of success by enlisting a Long Island workers comp lawyer who can fight for the benefits you deserve.

To discuss your case free of charge, call Aronova & Associates at (516) 640-3900.

Contact Us

Ready to Work for You

Aronova & Associates is a firm for all New Yorkers. Our services are available in multiple languages and tailored to the needs of every client.  The first step in providing you with the help you need is a free consultation to discuss your case. When you’re ready to talk, we’re ready to get to work for you.

 

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(516) 640-3900

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Workers Compensation Claim Denied on Long Island You Can Appeal

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Workers’ Compensation Claim Denied on Long Island? You Can Appeal!

If you are injured on the job in New York State, you are likely covered by workers’ compensation law. This law applies whether you work full time or part time. Workers’ compensation pays for medical treatment for injuries, physical therapy, and will pay for time off from work if you need more than 7 days off of work because of your injuries.

WAS YOUR WORKERS’ COMPENSATION CLAIM DENIED ON LONG ISLAND? THIS IS NOT THE END OF THE STORY — YOU HAVE THE RIGHT TO APPEAL!

Do not accept a denial notification without seeking further action. At Aronova & Associates, we have the experience and skill to make sure you get the maximum compensation that you are rightfully owed under the law. Call us today to take the first steps toward an appeal of your denied worker’s comp claim on Long Island.

Worker’s Compensation Claim Denied on Long Island: What To Do Next

Workers’ compensation law is complicated and claim denials are common. It’s prudent to consult a Long Island workers’ comp lawyer as soon as possible if your claim has been denied. An attorney at Aronova & Associates can determine why the claim was denied and help devise the best strategy to overturn the denial on appeal. Remember, appeals must be filed in writing within 30 days after the decision, so contact us right away!

Worker’s comp claim appeal process:

  1. You will receive an official notification if your workers’ compensation claim is denied. Review it carefully to find out the reasons and how to appeal the claim.
  2. It may be wise to consult an attorney experienced in workers’ compensation appeals.
  3. After the appeal is decided, if you are denied, it may be appealed again, to the full New York Workers’ Compensation Board of Commissioners.
  4. If your appeal to the full Board is denied, it can be appealed to the Appellate Division, Third Department, Supreme Court of the State of New York. This must be done within 30 days of the previous denial.

Why Claims Are Denied

To receive workers’ compensation, you must file a claim and supporting paperwork. The claim is reviewed by the Workers’ Compensation Board. The amount of benefits an injured worker receives depends on what their wages normally are, whether or not you are disabled, and, if you are disabled, the extent of the disability.

If your workers’ compensation claim is denied, it means you will not receive benefits.

Unfortunately, both employers and insurance companies have an interest in keeping workers’ comp claims as low as possible. An attorney can help you fight for your rights to fair and just compensation for your injury.

Some common reasons for denial of a workers’ comp claim on Long Island are:

  • Incomplete paperwork
  • No witnesses to the incident that caused the injury
  • The injured party did not report it immediately
  • There is a conflict between the accident report and the medical records
  • The injured party didn’t pass a drug test
  • The claim was filed after your employment was terminated
  • Refusal to make a recorded statement
  • Refusal to sign medical authorization forms

Speak with an Experienced NY Workers’ Comp Lawyer on Long Island

At Aronova & Associates, we pride ourselves on fighting for the rights of New Yorkers hurt on the job. Partner with workers compensation lawyers Long Island trusts and call us today for a free and confidential consultation!

Contact Us

Ready to Work for You

Aronova & Associates is a firm for all New Yorkers. Our services are available in multiple languages and tailored to the needs of every client.  The first step in providing you with the help you need is a free consultation to discuss your case. When you’re ready to talk, we’re ready to get to work for you.

 

Phone

(516) 640-3900

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What Happens in a Workers Compensation Hearing

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What Happens in a Workers Compensation Hearing?

Don’t walk into a workers’ compensation hearing without knowing what to expect. The NYC & Long Island workers’ comp lawyers at Aronova & Associates are ready and able to represent your interests throughout the claims process, including in hearings. We will make sure the evidence for your injury is comprehensive and clear-cut, and that all your documentation is correct. You don’t have to go it alone through a workman’s comp hearing, where pressure tactics and intimidation may be used to lower the value of your claim. Call Aronova & Associates in Garden City, New York, to make sure you take full advantage of your legal right to compensation for medical bills, lost wages and more. Here is some more information about what New Yorkers can expect when it’s time for their hearings.

What Happens Before You Get to a Workers’ Compensation Hearing?

Many things will happen before your hearing is scheduled:

  • You will file your claim, which generally leads to a mediation and pretrial conference.
  • At the mediation, your employer’s insurance company will try to negotiate a settlement. You will have an opportunity to argue for a larger settlement amount based on the evidence of your injuries. An impartial mediator will try to help resolve any differences.
  • If you do not settle the case at the mediation conference, your case will be assigned to an administrative judge for a hearing.
  • You or your lawyer will attend preliminary hearings and exchange information about your claim before the final hearing. That information will include all medical records and bills, reports from your doctors, and witness statements.
  • Your case can settle any time before the workers’ compensation hearing.

Who Attends the Workers’ Compensation Hearing?

Your case will proceed to the hearing if you do not settle it beforehand. The three most important parties at that hearing are:

  • You or your lawyer, who will present your arguments to justify the largest possible worker’s compensation award;
  • The lawyer from your employer’s insurance company, who will argue for a lower award or no award at all;
  • The administrative law judge, who will impartially evaluate all evidence presented to him or her and make a decision on your award.

The hearing can take place in a meeting or conference room, rather than a typical courtroom. In some parts of New York State, you may also have an opportunity to participate in a “virtual hearing” that is conducted online, with no need for you to attend a hearing at a designated location.

A court reporter or stenographer who records everything will also attend the hearing. Doctors and other witnesses who can testify about your accident and injuries will also be present, as will representatives from both your employer and its insurance company.

What Evidence Do You and the Insurance Company Bring to a Workers’ Compensation Hearing?

Your own oral description of your injuries will not be enough to convince the judge to order a workers’ compensation award. You will need written medical records, statements from doctors, and testimony from witnesses who saw the circumstances that led to your injury. You will also need documents to show how your injuries have affected your finances.

The insurance company’s attorney will likely use the same or different written records to argue that your injuries are not severe enough to prevent you from doing your job, or that you were injured somewhere other than at your job. That attorney might use your past work and medical records for this purpose.

In New York State, you and the insurance company can also give the judge a statement of facts that you both agree upon, including, for example, the date on which you claim the injury happened and the amount of wages that the employer has not paid to you due to your absence from work. These statements can make the hearing go faster, but you need to be very careful before you make any agreements about uncontested facts. Your workers’ compensation attorney will provide the right guidance on the kinds of facts that you can agree upon and that will not hurt your case.

How Is a Workers’ Compensation Hearing Decision Made?

In New York State, an administrative judge can generally keep a hearing open for up to sixty days after a pre-hearing conference to allow both parties to submit further evidence in support of their arguments. After the hearing does close, that judge will issue oral or written findings as to whether your injuries or occupational disease arose out of or, were caused by, your employment.

You may have an opportunity to appeal the decision if you do not agree with it, but you will not have a chance to submit new evidence with the appeal. Because of this, you need to provide all evidence to support your workers’ compensation claim at the hearing.

Aronova & Associates: Your Workers’ Compensation Attorneys in New York

The NY workers’ compensation lawyers at Aronova & Associates help injured workers in NYC and Long Island to file and expedite claims for benefits that they deserve when they have been injured or fallen ill due to work-related conditions. Call us today for answers to your questions about workers’ compensation hearings and to learn how we can best assist you with your claim.

Contact Us

Ready to Work for You

Aronova & Associates is a firm for all New Yorkers. Our services are available in multiple languages and tailored to the needs of every client.  The first step in providing you with the help you need is a free consultation to discuss your case. When you’re ready to talk, we’re ready to get to work for you.

 

Phone

(516) 640-3900

Hours

Mon - Fri 9 AM to 6 PM

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Disclaimer: The submission of our contact form does not form an attorney-client relationship. You may not rely upon this information as legal advice.

Innovative NY Workers Comp Program For Independent Contractors

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Innovative NY Workers Comp Program for Independent Contractors

While workers compensation can be an important resource and source of benefits for workers injured on the job, coverage is linked to salaried, full-time employment. Contractors — workers who are not employed full-time, but who often work hourly or just for specific assignments — are not covered by workers compensation. As a result, they are not entitled to its benefits, which include compensation for medical bills and lost wages.

Number of Contractors Is Rising

What happens, then, when someone who is a contractor is injured while at work?

The issue is always important, but it has become even more pertinent given the growing role of contractors in the United States economy. Many benefits, including workers compensation, but also employer-paid health insurance and 401(k) retirement plans, were designed in a period when full-time salaried employment was the norm nationwide. They are, for the most part, effectively tethered to this form of employment.

Now, though, roughly 20% of the U.S. workforce works on a contract basis. Experts forecast that in the next 10 years, contractors might make up 50% of the total working population.

Innovative Program for Drivers, Supported by New York State

In late January, National Public Radio (NPR) focused on a ground-breaking program designed to provide workers comp and other benefits to contractors who are taxi and car drivers for the public. The beneficiaries are taxi and limousine drivers, as well as drivers for newer ride-hailing car services such as Uber and Lyft.

The program, called the Black Car Fund, exists only in New York. It was formed by New York state lawmakers in 1999, with the intent of offering workers compensation benefits to drivers who were injured while they were working.

It covers both part- and full-time drivers. Roughly 125,000 New York drivers are covered. The Black Car Fund is also expanding its benefits.

The Black Car Fund functions well, observers say, because the state’s legislature and the taxi and limousine sector both threw their support behind it. The New York state taxi and limousine industry has traditionally been heavily regulated, and has historically been a business were drivers often contracted for work, rather than working full-time, or for one employer.

The sector saw it as a reasonable way to solve the problem of work-related accidents that harmed drivers.

The fund receives the money it pays out in benefits from a 2.5% consumer surcharge, which is levied on every taxi, limousine, and car ride in the state.

A Model for Other States?

Not only is the Black Car Fund successful in protecting its drivers from facing job-related injuries entirely alone and on their own dime, but several other states see it as a model for solving the problems of contractors nationwide.

Both New Jersey and Washington state, for example, are considering legislation that would require fee collection for a wide spectrum of freelance work. Like the Black Car Fund, the fees would be used to fund workers compensation.

The program addresses a growing contemporary problem: as more and more workers are contractors, a system designed to provide benefits only to salaried employees increasingly doesn’t work for a large segment of the public.

If You Need to Speak to an Attorney About Workers Comp

Aronova & Associates offers legal representation to New Yorkers who have been hurt on the job. We will fight to protect your rights, and make sure you get every dime of worker’s compensation that is owed to you. Call us today to speak with an experienced NY worker’s compensation lawyer about your case. All initial consultations are at no cost to you.

Contact Us

Ready to Work for You

Aronova & Associates is a firm for all New Yorkers. Our services are available in multiple languages and tailored to the needs of every client.  The first step in providing you with the help you need is a free consultation to discuss your case. When you’re ready to talk, we’re ready to get to work for you.

 

Phone

(516) 640-3900

Hours

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Disclaimer: The submission of our contact form does not form an attorney-client relationship. You may not rely upon this information as legal advice.

Workers’ Compensation vs. Health Insurance: Which Will Cover Your Injury Costs?

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Workers’ Compensation vs. Health Insurance: Which Will Cover Your Injury Costs?

Workers’ compensation is a special type of insurance and New York law requires most employers to purchase it to protect their employees. However, it is not necessarily the employee’s only means of protection.

If an employee is injured at work, workers’ compensation may provide coverage for medical bills and possibly other benefits. But the employee’s personal health insurance might also provide coverage for medical bills. If the on-the-job injury is a work-related auto accident, the employee’s auto insurance may also provide medical payments up to a certain limit.

Learn more about how the benefits from worker’s comp compare to those from health insurance.

NY workers comp overlapping coverage

If you’re hurt on the job, filing a workers’ compensation should always be your first priority, because:

  • Private insurance may exclude coverage for work-related injuries.
  • Worker’s compensation procedures include notice requirements, so you need to make sure your claim is filed in a timely fashion.

In the insurance and benefits industries, managing these overlaps in coverage is sometimes referred to as coordination of benefits. There are some things to keep in mind if you are facing this type of situation.

Managing worker’s compensation and other benefits

Each situation will be different, but there are some general guidelines to keep in mind when dealing with a work injury.

  • Each type of coverage has its own rules (or policy terms). Your claim needs to comply with each that may apply.
  • Worker’s compensation usually provides more comprehensive benefits than those found under private health insurance.
  • If the injured employee receives other government benefits, such as Social Security or Medicaid, there could be further coordination of benefits issues. Speak with a professional to prevent problems with coverage.
  • No matter how many sources may provide compensation for an injury, the employee may only recover once – there is no double-dipping allowed.
  • Insurers and government agencies have what is called a right of subrogation, which lets them seek reimbursement for what they have paid out on your claim from third parties or other insurers who are legally liable.
  • If you seek more than one type of benefit, be careful not to jeopardize the other benefits. If you are not sure workers’ compensation will cover your injury, make sure the doctors you see are in your health insurance network, in case you need to rely on that policy for your treatment.

When do I need a New York workers compensation lawyer?

When work injury claims become complicated by multiple coverages, seek help from a dedicated NY workers comp lawyer who can coordinate your benefits, ensure your obligations as a claimant are met, and manage subrogation claims.

The dedicated attorneys at Aronova & Associates represent injured workers from Manhattan to Long Island and throughout the greater NYC area. We take the time to understand your injuries, address your concerns, and aggressively pursue maximum compensation on your behalf. Call today to schedule a free consultation.

Contact Us

Ready to Work for You

Aronova & Associates is a firm for all New Yorkers. Our services are available in multiple languages and tailored to the needs of every client.  The first step in providing you with the help you need is a free consultation to discuss your case. When you’re ready to talk, we’re ready to get to work for you.

 

Phone

(516) 640-3900

Hours

Mon - Fri 9 AM to 6 PM

Social Media

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Name(Required)
This field is for validation purposes and should be left unchanged.

Disclaimer: The submission of our contact form does not form an attorney-client relationship. You may not rely upon this information as legal advice.