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Workers' Compensation Archives

What if my employer isn't covered by workers' compensation?

After being injured on the job, you rely on your employer's workers' compensation policy to account for medical expenses, lost wages and many other expenses. But what if you find out too late that your employer is not actually covered by workers' compensation insurance? Is there any action you can take to recover damages under New York law, or are employers allowed to simply not carry coverage?

Does New York workers' compensation cover child performers?

You never expect your little tyke's talent act to make it big, but when it does you may find yourself dealing with far more than just managing your child's mental health and well-being while dealing with the stresses of being a performer. A great deal of paperwork and protections are required to ensure that child performers do not work undue hours or suffer hardship as a result of their performances. You may also worry about what happens if an employer hires your child as a performer, and an injury takes place in the workplace. Is a child performer covered under New York workers' compensation law?

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.

Are job-related car crashes eligible for workers' compensation?

Workers' compensation benefits are available for employees suffering all sorts of on-the-job injuries. These traditionally include such things as back pain (from repetitive motion trauma), broken bones, falls, crush injuries and occupational illnesses like cancer caused by chemical exposure.

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.

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