What Treatments Are Covered by Worker's Compensation?

If you are injured at work and need to recover, it is important to know if your treatment will be covered. For workers' compensation, your medical treatment will be covered, provided it is cleared by your health care practitioner and necessary for your work-related injury or illness.

Tests Usually Covered by Workers Compensation

X-Rays
MRI's
CT Scans
Ultrasounds

Note: These tests are covered if they are usable for your diagnosis

Any medical bills that aid in the treatment and recovery from your workplace injury are also covered by your workers' compensation insurance. Any medications, doctors visits, surgeries, emergency room visits and hospitalizations will be covered too. If you require something like a leg brace or wheelchair, those are also covered. Transportation costs may also be covered by workers' comp.

Physical rehabilitation from your work related injury is also covered. Any physical therapy, occupational therapy, massage therapy, or chiropractic work fall into these rehab covered costs. Some states do have limitations on a number of therapy visits that workers 'comp will cover.

So, let's say your work injury keeps you from going back to the same type of work. Certain states will give you vocational rehabilitation benefits. These include things such as job training and counseling, so you'll be able to find suitable work again in the future. Some states refer to these services as "supplemental job displacement" benefits. These benefits can help you with any education, training, certifications or even computer equipment that you might need to find work.

Treatments That Worker's Comp Doesn't Usually Cover

Experimental treatments and medications are not usually covered by workers' comp insurance. Treatments that are deemed alternative are also not covered. Alternative treatments include acupuncture, homeopathy, and Ayurvedic medicine, among others. Please note that coverage for these treatments is covered in some states.

Any treatments that are not needed as deemed by your doctor will not be covered. Your worker's comp insurance company will not cover any treatments that are unrelated to your workplace injury.

Were you or a loved one 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

How Do You Get Death Benefits For A Lost Loved One?

Losing a loved is one of the most difficult things you will ever experience in your life. When you know that someone else is responsible for that loss, it can become even harder to accept. That's why it's so important to know where your rights are and what you can do to attempt to be made whole again. While nothing can bring your loved one back, there are ways that you can make those responsible for the loss also responsible for providing financial compensation.

Getting The Benefits You Deserve

When you lose a loved one due to workplace neglect or dangerous situations you can be eligible for worker's compensation. Worker's comp is required when a workplace is responsible for the injury or death of anyone who works there. When someone dies as a result of improper situations at a workplace their relatives are able to sue the company to get their worker's compensation. You may also be eligible for additional death benefits for your loved one such as social security.

It starts with seeking out a lawyer who can help you with reporting to the Social Security Administration that the individual has died. According to The DisabilityGuys.com an attorney is essential to help you through each step of the claims process that can prove complicated.

For any death, the SSA will help you figure out what you're entitled to based solely on the loss of the individual. A lawyer will help you figure out if you're entitled to something else as a result of wrongful death.

You could be eligible for a number of different types of benefits:

• Social Security
• Worker's Compensation
• Pain and Suffering
• Wrongful Death Compensation

Contacting a lawyer will allow you to provide all of the information about the loss and then you will be able to find out more about who is responsible (if anyone) and what you should do to proceed with a case if there is one. We can let you know what your next steps should be and help you continue on with your life.

Were you or a loved one 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

OSHA Workplace Investigation Procedures

In 1970 the Occupational Safety and Health Act was passed. This Act would protect workers from being killed or seriously injured on the job. OSHA was created to work with employers and employees by setting and enforcing health and safety laws within the workplace, keeping managers accountable for creating a safe and secure work environment.

Who Conducts The Accident Report?

Investigation of a workplace incident is usually carried out by a supervisor of the company where the accident occurred, however; OSHA encourages managers and employees to get involved in helping with the investigation.

The internal investigation of these incidents will make them aware of any hazards and address those hazards immediately to prevent future injuries and allows them to identify deficiencies in their health and safety procedures.

OSHA Investigation Steps

When an incident happens in the workplace, or even if it is a narrow escape, it is important that you let your supervisor or manager know right away. When your manager or supervisor finds out about the incident, they should immediately secure the area where the accident took place. All information should be gathered and filled out on an Incident Investigation form found in a kit provided by OSHA.

Once the site is secured, then the employer will look at the event area and begin to take notes and take pictures. The investigator is not seeking to point the finger at you, but they are looking for the exact cause of the incident. Identifying the cause is important so that it can be addressed to prevent future mishaps.

The Investigator now conducts interviews and will ask you questions about the incident, asking for the full account of the incident. The Investigator will interview co-workers, supervisors, and anyone else who might be a witness to the incident.

Once all the notes, interviews and pictures are complete, the investigator will fill out an incident report provided by OSHA and then look to see what needs to be changed in the workplace and make the necessary modifications also reporting the changes made.

OSHA expects employers to keep good records of all incidents reported in their place of business which will be a part of OSHA's inspections on the firm.

By conducting their own investigation, filling out reports which require action be taken to correct the deficiency. Employers are held accountable for providing a safe working environment which will not only save them time in the long run but money as well, cutting back on missed work and legal actions that can arise from and unsafe workplace.

Were you injured while working or need help filing a workers' compensation claim?



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 Workers' Compensation Fraud?

Workers' compensation fraud can be defined in many ways, from knowingly filing a fraudulent insurance claim against a company to understating payroll information for a lower premium. The specific details, costs, and punishments for committing workers' compensation fraud vary for each specific case. In order to be fully informed, be sure to consult an expert in the subject.

Types of Worker's Comp Fraud

Workers' compensation fraud can be committed by a variety of individuals and companies such as employees, large and small businesses, insurance companies and doctors. There are three types of workers' compensation fraud recognized by the New York State Office of the Inspector General and they are:

• Employer Fraud
• Employee Fraud 
• Health Care Provider Fraud

Common examples of fraudulent activity involving worker's compensation insurance include misrepresenting information about employees, billing or invoicing for treatments that were never received and employees exaggerating a medical condition.

Potential Penalties and Convictions

The penalties, convictions, and charges associated with workers' comp fraud vary depending on the circumstances surrounding the situation. In New York, the penalties for this crime are enforced by NY WKC Law Section 114 and can be imposed on employers, employees, insurance carriers and more. Those who intentionally misrepresent or deliberately make false statements in regards to workers' compensation insurance claims are at risk of being charged with a Class E Felony which can result in jail time, fines and/or restitution.

An expert on the topic is able to provide you with the necessary information and steps to take. In order to properly file a worker's compensation claim or to make a complaint against a company that you believe may be involved in the crime, it is best to consult with a professional before taking any action.

Were you injured while working or need help filing a workers' compensation claim?

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

The Risks Associated With Being A Nurse

Nurses face numerous risks to their health and safety every day. Their job is much more dangerous than people realize. When nurses are injured, where can they turn to for help? Can they even file for worker's compensation given that they know the risks of their jobs and do them anyway? All of this and more is answered below.

The Risks Of The Job

Depending on what level of nursing you are at, you may be faced with very different risks. For example, a nursing assistant is often up to his/her elbows in urine, feces, vomit and potentially blood and sexual fluids because of the nature of his/her work.

A registered nurse faces the risks of a lot of blood contact, getting stuck with needles, combative behavior from patients that are high, drunk or suffering from dementia, and even slipping and falling in fluids and bits of bodily organs or flesh on the operating room or emergency room floor. All nurses are at risk of hurting their backs when they have to move heavy patients. In 2015 alone, 35,000 nurses injured their backs while trying to move heavy or obese patients.

Disability Claims and Worker's Compensation

Nurses are covered under worker's compensation, regardless of the risks of their work. TheDisabilityGuys.com states that all hospitals are required to have workers' compensation insurance. That means that if you are a nurse and you are injured on the job, you can file a worker's compensation claim. You have legitimate rights to do so under OSHA.

Disability claims operate a little differently, since you will have to show that you can no longer perform any aspects of your nursing job. Unfortunately, you can probably still do desk work and medication administration, which does not require much effort regardless of your injuries. If your injuries completely debilitate you (i.e., you are partially or totally paralyzed from a gun shot in the emergency room), then you have an official claim to full disability benefits for which you should not be denied.

What to Do If You Have Been Denied

If you were injured and your worker's comp claim and/or disability claim was denied, consult a disability and/or worker's compensation lawyer. He/she can assess your case and determine if you are indeed eligible for benefits. Don't let the fact that you are a nurse in a high-risk profession deter you from seeking help.


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

When Can You Appeal A Worker's Compensation Decision?

You may think that you have no rights when it comes to a denied worker's comp claim. Actually, that is not the case. Several worker's comp claims are denied every year, and not because the workers who filed the claims do not have a legitimate claim. The problem often lies with a lack of supporting evidence for your claim, or missing forms and documentation of what you and your employer have tried to do to help you remain gainfully employed after being injured. The following situations are all good reasons to appeal your first claim when you receive a "denied" decision.

You Did Not Get All of the Required Forms In On Time

There is a monumental amount of paperwork involved with the worker's compensation claim. There is also a deadline to file, so it is very easy to forget a number of documents. When you are denied because you missed one or more forms in a rush to get everything in, you should definitely appeal. For more information about the worker's compensation process and timeline go here. If you saved copies of everything from the last filing, all you have to do is copy those forms again, and include the forms that caused your claim to be denied.

You Are Clearly and Completely Unable To Work

The worker's comp decision makers cannot see that you are unable to work. They only see what is on paper and what you give them as documentation of the events that caused your injuries. Taking the case to court helps them see that you are unable to work and may not be able to work most jobs in any capacity ever again.

You Have Proof That Your Injuries Are Your Employer's Fault

Negligence is difficult to prove unless you have infallible proof that your employer is responsible for your injuries. Since worker's comp claim forms don't typically have a space to address these issues, the decision makers on high are unaware of any negligence on your employer's part unless you bring a lawsuit against them. Your evidence should be solid, and you can check with a worker's comp lawyer to make sure that it is.

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

3 Social Security Claims Myths

If you are considering submitting a social security claim, it is important to thoroughly conduct your research on the process beforehand. There are many myths surrounding this area. If you are feeling discouraged about filing a claim due to a rumor you heard about the process, knowing what is and what is not true can mean the difference between receiving the compensation that you deserve, and not.

1. Everyone will be Denied the First Time they Apply

This is not the case. There is no such formula in the Social Security Administration (SSA) that deems all first-time claims deniable. However, still about 70% of all claims will be denied the first time around. To get what you want, you must fight for it. The most successful way of being approved for your claim is to file an appeal and have your case heard by a judge.

2. Lawyers Need To Be Paid Upfront

If you think you cannot afford to file a disability claim due to lawyer fees, do not fret: lawyers who work on social security claims are paid only on a contingency basis. This means that the lawyer is only awarded payment if the claim is successful. The amount that your attorney collects depends on the individual lawyer, but generally they receive about 25% to 40% of your settlement or monthly benefits. If you are not approved, your lawyer will not be paid. Learn more about the benefits of legal representation here.

3. You Must be Disabled for One Year Before You May File for Disability

While it is not required that you wait one year before filing for a social security claim, it must be expected that your disability will last twelve months or more. You can apply after one year of being disabled and still be approved, but there is no reason to wait so long to be compensated. So, if your physical or mental condition prevents you from being able to work, it is best to file right away.


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