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Workers' Compensation Archives

Can medical marijuana impact your workers' compensation?

While you never want to end up out of work and dealing with chronic pain after a workplace injury, you have the protection of workers' compensation to ensure your recovery, chronic pain, or disability do not leave you destitute, while providing options to relieve your suffering. However, with New York's medical marijuana laws, you may find a doctor prescribing you medical-grade cannabis as a way to ease any ongoing pain. Yet with many employers taking a dim view of the increasing legalization of marijuana, will using your medical marijuana prescription give employers grounds for a case against continuing your workers' compensation payments?

Understanding Workers Compensation and the ADA

Those who have suffered a work injury, whether mental or physical, may be afforded additional workers' compensation protections other than those offered by the state of New York under the ADA. The ADA, or the Americans with Disabilities Act, has, since 1990, existed as a civil rights and liberties law that, according to the EEOC website, offers protections to citizens with disabilities in ways considered fair and equal under the law. This includes protecting against discrimination, such as discrimination in availability of public services, access to employment, access to telecommunications services and access to accommodations.

What is OSHA's role in workers' compensation cases?

If you work in New York, you have heard of OSHA, or the Occupational Safety and Health Administration. OSHA defines, monitors, and enforces workplace health and safety standards, including imposing penalties on employers who fail to comply with those standards. But if you have been injured on the job in an unsafe situation, how do OSHA violations tie into workers' compensation claims?

Understanding asthma as an occupational disease

One of your greatest fears on the job in any New York workplace may be developing a chronic illness due to exposure to substances in your environment. You worry that every cough, tickle in the back of your throat or shortness of breath may be occupational asthma. Occupational asthma can arise from a number of circumstances, and we at Angiuli & Gentile, LLP understand the concerns you face when potentially dealing with occupational asthma or another occupational disease.

Liability in trench collapse cases

When a trench wall collapses on a construction site in New York, damage can result to equipment, supplies and personnel. At times that damage can end in catastrophic injury to workers, or even death. Yet determining liability in a trench collapse can be tricky, when a number of conditions and variables could have led to the collapse. Trench walls may collapse due to unsafe work conditions, weather factors impacting the site, worker negligence or employer negligence.

Detailing workers' compensation death benefits

When you have a loved one that is injured in a workplace accident in Staten Island, your immediate assumption is that workers' compensation benefits will cover his or her expenses. At the same time, you have likely also heard the such coverage is limited. Many of those that we here at Angiuli & Gentile, LLP have worked with in the past have shared the same assumption, only expecting workers' compensation to cover medical costs and lost wages. Yet what if your loved one is killed in his or her accident? Are you still entitled to some form of workers' compensation benefit? 

Falls in the workplace and ways to prevent them

Falls on the job are big issues in New York, and they make up a big chunk of workers' compensation claims. While there are industry standards and federal regulations in place to help protect employees, unsafe conditions still exist in many industries. Because falls are still a big concern, prevention efforts continue to increase and improve.

What you need to know about a workers’ comp claim denial

After suffering an injury on the job in New York, a worker may report the incident to the supervisor and seek medical attention assuming that the employer’s workers’ compensation insurance will cover the expenses and lost wages. While this may be true, there may be times when an injured employee’s claim is denied, even though he or she believes the eligibility requirements are met. Here are some reasons why, and what a worker can do about it.

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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Phone: 347-201-4447
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Phone: 347-201-4447
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