Angiuli & Gentile, LLP
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March 2015 Archives

New York workers' compensation on occupational diseases

Workers' compensation applies to nearly all work-related injuries and health concerns and allows employees to be safe in the knowledge that they and their families will be cared for even if they are unable to earn an income. Many issues of work-related injuries are accidents that occurred on the job, such as slipping and falling or being injured by a large piece of equipment. However, some workers' compensation related issues are illnesses that occur because of work-related circumstances.

Labor Market Attachment

A key component the Workers' Compensation Board uses in determining the amount of benefits an injured worker is eligible to receive for his or her workers' compensation claim is the degree/ percentage of disability that the worker sustained due to his or her workplace accident and/or occupational disease. As a case progresses, a doctor or Administrative Law Judge may determine that the worker is less than 100% disabled. At this point in time the insurance carrier will likely raise the issue of labor market attachment.

Injured construction workers sue developers and engineers

It truly cannot be overstated just how dangerous the job of a construction worker is. Every job comes with some risk of injury, but there are few jobs in which the risk of injury is so great considering how many elements are beyond the workers' control. Construction workers are required in many instances to work at incredible heights with very few safety features to prevent them from falling. Additionally, construction workers must use massive equipment at these extreme heights, and these elements can add up to a dangerous accident.

Is my workplace accident covered by workers' compensation?

Even though many workers are protected by the benefits afforded to them through workers' compensation, there is always the understandable fear that they will suffer an injury that is not covered. People who have been told by their health insurance that prescription glasses are not covered, for example, may have reason to be skeptical about their protections. Most workers can rest assured that if they suffered an injury at work, then their workers' compensation benefits will cover them.

Am I covered by workers? compensation?

Nearly every employee is covered by workers? compensation in New York, including part-time employees and even some volunteers. These benefits are vital to many occupations, particularly those with hazardous conditions, such as construction workers or factory workers. Workers? compensation benefits exist to ensure that individuals who suffer an injury or illness on the job are taken care of, so that they can do their job safe in the knowledge that if any tragedy should befall them, they and their family will have security.

Success Stories

  • A 43 year old ironworker who fell four stories and sustained injuries to his ankle while installing a staircase settled his claim for $1,500,000.00. The accident was due to the failure of the building owner and general contractor to provide a safe place to work.
  • A construction worker operating an asphalt roller settled his case for $525,000.00 when the edge of the roadway he was paving collapsed into a trench being dug by a subcontractor causing him to sustain injuries to his leg.
  • A 54 year old commuter settled his case against the NYCTA for $1,200,000.00. when he tripped and fell on a subway platform due to the pavement being in disrepair, causing him to fall forward and to strike his head on a train pulling into the station.
  • The estate of a 64 year old woman received a settlement of $425,000.00 after she was struck and killed by a speeding tractor trailer while crossing the street at the intersection of Richmond Terrace and Port Richmond Avenue.
  • A $1,200,000.00 settlement was reached on behalf of a 54 year old man from Staten Island, New York, who, while in the course of his employment as a bus driver, was rear-ended on the Garden State Parkway and caused to suffer injuries to his back and neck as well as a fractured rib and fractured pelvis.
  • A 47-year-old building superintendent who sustained injuries to his head and right side of his body due to a tripping hazard at his job site received a settlement of $300,000.00 from the electrical company performing work at the site.
  • A 43 year old construction worker was caused to sustain injuries to his back, shoulder and hand when the elevator he was riding malfunctioned and dropped 8 floors. He received $350,000.00 in the settlement of his claim against the building owner, maintenance company and elevator company.
  • The administrator of the estate of a 69 year old man who suffered stage four pressure sores while a patient at a Queens nursing home settled the case for $400,000.00 after the man died.
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Angiuli & Gentile, LLP
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Staten Island, NY 10301

Phone: 347-201-4447
Phone: 718-816-0005
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Staten Island, NY 10305

Phone: 347-201-4447
Phone: 718-816-0005
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