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 […]

I’m a sports nut- like many people I know. I follow all four major pro sports and have read literally hundreds of sports books and publications in my lifetime. I’ve been to and watched countless games. What many people don’t know, interestingly, is that almost all pro sports injuries in the U.S. are covered by […]

In a previous essay I wrote about Workers’ Compensation (WC)  permanent injury awards: “Permanent injuries to joints of the body, vision, and hearing, qualify for “schedule loss of use” awards regardless of whether a person is working or not“,  I explained. As a follow up to that, I can tell you that it has become very […]

Since July 1, 2010, the maximum weekly benefit rate for NY workers’ compensation  (WC) claimants has been floating from year to year. It is pegged to the date of accident—meaning, even if there are increases in later years, the maximum rate in your case stays the same: the max in effect on your date of accident. The […]

Clearly one of the biggest misconceptions about Workers’ Comp is that you have to be out of work to collect. That’s because most people have a limited understanding of what benefits are available. In New York, there are many situations where injured workers can collect workers comp money benefits even if they are working: Examples: […]

Many of my clients who are injured on the job in New York State are disabled and stay out of work longer than 12 months. In such an instance, can the injured worker ALSO receive Social Security Disability Benefits? In many cases, the answer is YES. If the Workers Compensation (WC) claimant (injured worker) is […]

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’ Memorial Day was this past Sunday, April 28th. What is Workers’ Memorial Day? Every year, about 4,500 people are killed at work and 50,000 workers die from occupational diseases while millions more are injured. Decades of struggle by workers and their unions have resulted in significant improvements in working conditions. But the toll of […]

I get this question all the time. My clients can be hospital workers, maintenance men, teachers, machine operators, carpenters, cooks, you name it. Some are union members, some are not. Almost all are initially worried that if they hire me, that it will somehow threaten their job. A job that they cling to for dear […]