There’s an insurance industry radio ad campaign currently running, containing the following warning: Don’t commit Workers’ Comp insurance fraud or you’ll end up in jail and you will shame your family. It’s clearly aimed at injured workers. I get it. What the public generally does NOT see is the other side of the coin…when insurance companies […]

While everyone knows that an accident that happens to an employee inside a workplace or work building is clearly a Workers’ Comp case in New York, what about accidents that occur OUTSIDE the office building or workplace? This winter was particularly cold and there is a lot of ice everywhere. It’s likely that employees somewhere […]

Did you know that some nursing homes have bariatric wards where Certified Nurse’s Aides (CNA’s) must care for obese patients? What happens when, due to staffing issues, the direct caregivers get little or no co-worker assistance with these patients and must care for these extra-heavy patients alone?? And must at all times ensure that their […]

In NY, an injured worker is entitled to weekly payments equalling two-thirds (2/3) of their salary while they are out of work. The figure used for their pre-injury salary is known as their “average weekly wage” (“AWW”). How does the Workers’ Compensation Board determine their AWW? Well, the answer is a bit complicated. In determining […]

Labor Day just passed, and for most of us it’s back to our day-to-day work lives. Some, however, have given their lives while performing their jobs. Rather than just celebration, Labor Day should bring us reflection, as well, and commemoration, for ALL workers, including those who have died in the course of their labor. Currently, […]

It’s a standard question: How long will it take for me to be approved for Social Security Disability Benefits? (SSDB) As with so many other things, the answer is: it varies. In truth, it can take from one month to up to two years or more! Let’s look at this a little closer. First of […]

The Workers’ Compensation Board’s recent and ongoing “BPR Initiative” has asked injured workers several survey questions. Here is one: Question 7 asks “Who told you what to do to receive your benefits? You may choose more than one answer”.   Out of 5,623 responses, 3,579 (63.65%) responded Attorney, 1,178 (20.95%) responded Workers’ Compensation Board, 204 […]

My pet peeve of the week is New York employers who don’t assist their employees—and in fact obstruct them—from getting prompt, non-emergency medical care for injuries sustained at work- i.e., Workers’ Comp injuries. According to Section 51 of the Workers’ Compensation Law, employers must post a notice of workers’ compensation coverage (Form C-105) in a […]

Workers’ Comp Myths: Let Me Explode a Few Everyone knows what Workers’ Comp is, but unless you deal with it every day, you only know what you’ve read in the media or heard from others in casual talk. Here are some common Workers’ Comp myths, and my “myth busters.” Myth #1: If I file for […]

In New York, injured workers have the absolute right to choose their own medical provider for their work-related injury. The only requirement is that the doctor or other health provider accept Workers’ Comp (WC) insurance. I regularly advise injured workers who come into my office the following: * Don’t treat with a doctor your employer […]