Getting A Settlement In A Worker's Compensation

When pursuing a worker's compensation case, there are a couple of different ways the case could play out. You should be expecting the worst and hoping for the best, since not every worker's comp case is as cut and dry as the victims think it is. Worst case scenario is that you walk away with nothing but a lot of medical and legal bills. Best case scenario you get a lump sump settlement payment, more information can be found here about that. The following focuses on how a worker's compensation settlement is worked out.

Settlement Facts

There is a very high probability that if your case is settled outside of court, you will get a chunk of what you are asking for. An astounding 95% of all cases are settled before trials and hearings, meaning that only if your employer/company refuses to give you any satisfaction will you have to go before a judge. That said, be prepared to hear and/or entertain offers from your employer or the company you were working for. If they offer nothing or counter with nothing, then your scheduled hearing in court goes on as intended.

When You Are Offered a Settlement

Initial offers from the other side of your case may try to low-ball you. They do not want to pay for everything you have requested. Your lawyer will tell you what is fair and reasonable, and what type of compromise is acceptable. Have a ballpark figure in your mind before you begin negotiating for a settlement. High-ball them, so that they have to come up to the number in your head. Your lawyer will handle the communications until everyone hits the "magic number." Then take that settlement.

Contingencies in Different States

Obviously, the worker's compensation laws and the way these things play out are slightly different in other states. When you primarily live in New York, for example, but you were away working in Texas, you may need to abide by Texas rules. That includes finding a worker's compensation lawyer in that state rather than in the state where you normally reside. Your settlement in these states may vary from what you would receive in your home state too, so be sure to discuss this with your lawyer.

Were you injured while working?      

Contact us at one of our offices:
White Plains
Markhoff & Mittman, P.C. 
120 Bloomingdale Rd #401
White Plains, NY 10605
914-946-1452

Brooklyn
Markhoff & Mittman, P.C.
186 Joralemon St. #701a
Brooklyn, NY 11201
718-509-3599

Long Island
Markhoff & Mittman, P.C.
1778 Hempstead Turnpike
East Meadow, NY 11554
516-267-6873

NYC
Markhoff & Mittman, P.C.
1825 Park Ave #901
New York, NY 10035
212-897-9004    

What Is Long Term Disability?

You have dependents and provide for their needs using your hard-earned income. However, there are circumstances that may prevent you from receiving this income. Long Term Disability may lead to losing your ability to provide for your family due to lack of income. Do not be worried; there is a program known as Long Term Disability (LTD). LTD protects state employees and allows your dependents to live comfortably in the event that you lose the ability to provide for them due to disability that is long term.

Percentage On Gross Income

Less than 25% of Americans has savings that can last them for more than 6 months. As such, joining a salary replacement plan can solve this problem in case you are not able to provide for your family.

Benefits Accrued From Joining The LTD Program

Here are the benefits that you can accrue by being a participant of the program:

• 55% tax-free benefits calculated from your gross income

• Partial disabilities benefits

• Mental health disability benefits for up to 36 months

• Rehabilitation as well as return to work help benefit

• Dependent care expenses

• Limitations placed on receipt of other benefits

In case you are receiving other benefits, there is a chance that the LTD will be reduced. The reduced LTD benefits include:

• Workers compensation

• Social Security disability benefits  Retirement benefits

• Sick leave benefits

As such, you must give notification to the administrators of the plan in case you are to begin receiving any of the above benefits. The minimum benefit you can receive is 10% of your gross income or $100.

Ensure that you contact the administrators of your plan if you are using sick time, vacation time or worker compensation as it may affect the amount you get.

Eligibility

All state employees are eligible to be participants in the LTD. The said employees must have worked for a minimum of 18.75 hours. Therefore, the minimum would be 20 hours in a 40-hour week.

All those who are eligible may join during the annual enrollment or at any time that is comfortable for them. To gain approval for the plan, you need to provide evidence of tiptop health.   

Were you injured while working?  
 
Contact us at one of our offices:

White Plains
Markhoff & Mittman, P.C. 
120 Bloomingdale Rd #401
White Plains, NY 10605
914-946-1452

Brooklyn
Markhoff & Mittman, P.C.
186 Joralemon St. #701a
Brooklyn, NY 11201
718-509-3599

Long Island
Markhoff & Mittman, P.C.
1778 Hempstead Turnpike
East Meadow, NY 11554
516-267-6873

NYC
Markhoff & Mittman, P.C.
1825 Park Ave #901
New York, NY 10035
212-897-9004   

Back Injuries Are A Common Injury For Workers

One of the most common injuries sustained on the job is a strained back.  It is just as likely to happen to a white collar worker sitting improperly at a desk as it is to a healthcare practitioner lifting a patient or a construction worker on a job site.

The Prevalence Of Back Injuries At Work

According to the National Institute for Occupational Safety and Health (NIOSH), back injuries are second only to hand injuries among American workers. The Institute is conducting ongoing research into workplace ergonomics, finding that better awareness on the part of employers and workers themselves about the physical stresses of many different kinds of workplace settings may be required.
Regardless of your age, physical condition or job, every time you lift an item, bend over, or lean forward, you may be putting stress on your back. Over time, this can lead to fatigue, chronic pain and or injury.

Preventing Back Injuries

Here are a few tips to prevent back injuries at work:

• Use proper lifting techniques by pulling the load close to you, lifting with your leg muscles, and keeping your back straight.
• Use lifting devices, dollies or carts if they are available.
• Posture is important. Keep your back straight and your body aligned whether you are working, standing up or sitting down. Avoid twisting your back during work tasks.
• Organize work and storage spaces to eliminate lifting objects from the ground or from overhead.
• Sit all the way back into your chair so the seat back supports your spine. Don't sit on the edge of your chair, slouch, or lean forward.
• Healthcare workers can learn specific skills pertaining to care of patients that could prevent injury. They should ask their employer or professional association.

It's easy to forget that small repetitive bad habits or sudden abrupt movements made in a hurry can have huge consequences. Even in the rush of getting the job done, do your back and yourself a favor - warm up before physical labor, stand, sit and lift properly and practice safety standards in and out of work.

Were you injured while working?  
 
Contact us at one of our offices:

White Plains
Markhoff & Mittman, P.C. 
120 Bloomingdale Rd #401
White Plains, NY 10605
914-946-1452

Brooklyn
Markhoff & Mittman, P.C.
186 Joralemon St. #701a
Brooklyn, NY 11201
718-509-3599

Long Island
Markhoff & Mittman, P.C.
1778 Hempstead Turnpike
East Meadow, NY 11554
516-267-6873

NYC
Markhoff & Mittman, P.C.
1825 Park Ave #901
New York, NY 10035
212-897-9004   

Hearing Loss In The Construction Industry

According to a report that was released by OSHA, about 22 million people every year are exposed to hazardous noise while at work. It should come as little surprise that many of these people are construction workers. In fact, it is estimated that as many as 95% of all construction workers are exposed to noise that would be defined as hazardous while at work. While some wear proper head gear to protect their hearing, other companies choose to look the other way or improperly educate their employees about the costs of noise pollution. The results can be dire.

The Costs Of Hearing Loss Within Construction Work

Hearing loss is not something that should be taken lightly. According to the same OHSA report, hearing loss that is not treated can reduce potential earnings from an employee by $30,000 every year. Hearing loss also increases the chances that someone will end up unemployed. Early treatment is the best way to address hearing loss before it causes a major impact on the quality of life. However, the costs of seeking treatment can be high, which is why it is time to hold someone responsible if you are suffering hearing loss from construction work.
  

Victims Of Hearing Loss Caused By Work 

Every year around $242 million is paid out in worker's compensation by companies as the result of hearing loss claims. If your company is ignoring the role that construction work may be playing in your loss of hearing then it is time to seek compensation. You are entitled to the loss of income that occurs from working in a workplace where proper noise safety was not adhered too. A company that does not properly educate about the dangers of hearing loss is at fault if their employees suffer hearing loss.

If you need help receiving compensation, it is time to contact a lawyer who is educated on hearing loss caused by construction work. They can help you file a claim that shows how your employer was negligent and help you work out the compensation you deserve for the negative impact the hearing loss will have on your quality of life.

Were you injured while working while working in a factory or was your loved one killed on the job?  
 
Contact us at one of our offices:


White Plains
Markhoff & Mittman, P.C. 
120 Bloomingdale Rd #401
White Plains, NY 10605
914-946-1452

Brooklyn
Markhoff & Mittman, P.C.
186 Joralemon St. #701a
Brooklyn, NY 11201
718-509-3599

Long Island
Markhoff & Mittman, P.C.
1778 Hempstead Turnpike
East Meadow, NY 11554
516-267-6873

NYC
Markhoff & Mittman, P.C.
1825 Park Ave #901
New York, NY 10035
212-897-9004  

Hazards Faced By Factory Workers

Ever since the beginning of the industrial revolution, factory workers have faced seemingly insurmountable challenges. According to The Bureau of Labor Statistics of the United States Department of Labor, workplace hazards were very minimal with only about 4,700 people dying on the job in 2014. By 2014, there were only 3.4 reported cases of illnesses and injuries per every 100 employees as a result of workplace hazards.

IFF news releases also reported that the rate of serious occupational hazards reduced to 107.2 cases per 10,000 employees the same year. The above statistics paint a pretty picture but not the whole picture. Workplace injuries still occur and they have a major impact on the lives of the victims and their families. One place where injuries occur is within the factory industry.

Injuries Suffered At Factories

Chemical exposure is probably the most dangerous aspect of factory hazards due to its long-term nature. The chemicals used in factories can be very potent, and their effects may spread well into old age. Chemical exposure may lead to lung damage, ruin your eyesight and damage your skin.

Injuries caused by slips and falls tend to be the most occurring and in some cases, very dangerous. The floors may be very slippery or liquid spillage in the factory may lead to nasty injuries.
In addition, doing the same job for more than eight hours every day wears down joints and muscles to devastating effects leading to disorders such as arthritis.

Burns are common injuries especially in factories with high-temperature environments. Burns can cause body disfigurement and in some cases be fatal. Amputation is a very real threat when working in a factory. A large piece of equipment may accidentally pull you in and sever a limb.

Compensation of Injured Factory Workers

Compensation laws require an employee to receive benefits in the case of a workplace injury. The benefits should include covering medical expenses associated with the injury and pay to cover the missed working days due to injury.

Acquiring the services of an attorney may help your chances of receiving the right amount of compensation you deserve. Insurance firms and employers may not be very forthcoming on their part in the matter. They may also try to stretch the compensation period to pay little over a longer time, a lawyer will help you speed up the process.

Were you injured while working while working in a factory or was your loved one killed on the job?  

Contact us at one of our offices:

White Plains
Markhoff & Mittman, P.C. 
120 Bloomingdale Rd #401
White Plains, NY 10605
914-946-1452

Brooklyn
Markhoff & Mittman, P.C.
186 Joralemon St. #701a
Brooklyn, NY 11201
718-509-3599

Long Island
Markhoff & Mittman, P.C.
1778 Hempstead Turnpike
East Meadow, NY 11554
516-267-6873

NYC
Markhoff & Mittman, P.C.
1825 Park Ave #901
New York, NY 10035
212-897-9004 

OSHA Reports Sanitation Work Some Of The Most Dangerous In New York

According to a recent report from the New York Committee for Occupational Safety and Health, sanitation workers in the state are 10 times more likely to be involved in a fatal accident than workers in any other industry. Those involved in this type of work are also 2 ½ times more likely to be seriously injured on the job.

Types Of Danger

Due to the very nature of their job, sanitation workers are frequently exposed to:

• Sharp Objects
• Toxic Substances
• Traffic
• Poor Weather Conditions
• Defective Garbage Trucks and Other Heavy Machinery
• Improperly Disposed Of Objects

This can lead to any number of injuries, although the most common include muscle strain, broken bones, herniated discs, lacerations, nerve damage, poisoning, amputations, blunt force trauma, and amputations. In many cases, these injuries are career ending and leave the injured worker financially strained.

Sanitation Workers & Workers’ Compensation

Despite being employed in one of the most dangerous industries in the state, sanitation workers are one of the few groups who are not allowed to file for workers’ compensation after an injury. Instead, a claim must be made to the New York City Comptroller against the state. Then, if they are lucky, they may have a portion of their medical expenses covered.

Consulting An Attorney

In the majority of cases, sanitation workers find that their best option is to pursue a personal injury claim against the party whose negligence resulted in their injury. This may mean that they file a complaint against the state or city, or that they may name a third-party such as the driver of a car as the defendant.

By choosing to pursue a lawsuit, the plaintiff may be able to recover the full cost of medical expenses and medical expenses, as well as non-monetary compensation for physical and emotional pain and suffering. 

Were you injured while working in sanitation or was your loved one killed on the job?  

Contact us at one of our offices:

White Plains
Markhoff & Mittman, P.C. 
120 Bloomingdale Rd #401
White Plains, NY 10605
914-946-1452

Brooklyn
Markhoff & Mittman, P.C.
186 Joralemon St. #701a
Brooklyn, NY 11201
718-509-3599


Long Island
Markhoff & Mittman, P.C.
1778 Hempstead Turnpike
East Meadow, NY 11554
516-267-6873

NYC
Markhoff & Mittman, P.C.
1825 Park Ave #901
New York, NY 10035
212-897-9004